the confiscation of their goods and inheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into France with her sonne the Prince whose lives these favorites attempted She raised an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the King who being destitute of friends and meanes demanded assistance of the City of London whose answer was That they would honour with all duty the King the Queene and Prince but would shut their gates against Foreiners and Traytors to the Realme and with all their power withstand them And under the name of Iohn of Eltham the Kings second sonne whom they proclaimed Custos of the City of the Land they got the Tower of London into their possession placing and displacing the Garrison and Officers therein as they pleased The King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her selfe her sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should aide or assist them and that he should have a 1000. l. who did bring the Lord Mortimers head fâ—ies to Bristol in the Castle whereof the elder Spenâ—er was taken by the Queenes Forces and without any formall tryall cruelly cut up alive and quartered being first at the clamours of the people 〈◊〉 and hanged in his proper armour upon the common Gallowes without the City After which the King forsaken of all his Subjects flies into Wales for shelter where he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his son confessing That for his many sins he was fallen into this calamity and therefore â—ad the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abharre his any longer rule and Soveraignty and therefore he besought all there present to forgive and spare him being so afflicted Soone after he was murthered in Baâ—kly Castle And so the sicknesse and wounds which the Common-wealth sustained by his ill raigne upon the change of her Physitian recovered not onely health and strength but beauty also and ornament writes Iohn Speed After all this King Richard the second in the ninth yeare of his reigne summoned a Parliament wherein Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by the Parliament and the Sealâ— taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both the Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for the defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill Counsellors to the Court shewing them greater favour then before In so much that at Christmas the King made de la Pole sit at his owne table not in the usuall garment of a Peere but of a Prince out of a stomacke and hatred against the Peeres whom from thenceforth be never regarded but feiuedly and then fals to plot the death of the Duke of Glocester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Nottingham Castle with a few persons generally ill-beloved ill-adwised and ill-provided The course agreed upon by the King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speed seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumed the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters then umder a shew of justice they should be proceeded against accordingly The Lawyers who were the very men which in the last Parliament gave advice to the Lords to do as they did now meeting were demanded Whether by the Law of the Land the King might not disanull the Decrees of the last Parliament They joyntly answered he might because he was above the Lawes a most apparent errour confessing that themselves had in that Parliament decreed many things and given their judgement that all was according to Law which they acknowledged to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withall sends for the Sheriffes of Shires to raise Forces against the Lords who denyed saying that they could not raise any competent forces or Armes against them the whole Counties were so addicted to their favours and being further willed to suffer no Knights to be chosen for their Shires but such as the King and his Councell should name they answered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good precedent for our present Sheriffes whereupon they were dismissed Then were the Lawyers and Judges Robert Trefilian and his companions called before the King to determine the judgements of Treasons against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if need were against the Lords in the day of battle Many of which answered that they neither could nor would stand against the Lords whom they knew for certaine intimately to love the King and to endevour all things study all things doe all things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kings notice The Lords hearing of these proceedings were much sadded being conscious to themselves of no guilt worthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop of London to the King who inclining to credit the same was in an evill houre diverted by De la Pole The Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which they severally gather Forces that they might present their griefes to the King How he favoured Traytors not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speedily prevented The King on the other side by Trayterous Counsellours advise sought how to take them off single before they were united but in vaine by reason their party was so great Meane time some peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thither approaching they are advertised by some who had sworne on the Kings behalfe for good dealing to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which without the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre knights were reported to have laid for
but being apprehended and brought backe to the Parliament in the forenoone had sentence to be drawne to Tiburne in the afternoone and there to have his Throate cut which was done accordingly The King seeing these proceedings by advise of his ill Counsellors absented himselfe from his Parliament and sent Michael de la Pole then Lord Chancellor to demand foure fifteenes in his name of the Commons for that without lesse he could not maintaine his estate and outward warre To which the body of the Parliament made answer that without the King were present they would make therein no answer and that unlesse the King would remove him from his Chancellorship they would no further meddle with any Act this Parliament The King upon this sent to the Commons that they should send to Eltham where he then lay 40. of the wisest and best learned of the Commons who in the name of the whole House should declare unto him their minde Upon which message the House were in more feare then before for there went a talke that the King intended to betray divers of them which followed not his minde either that way or at a banquet appointed to be made purposely at London if Nicholas Exton the Mayor of London would have consented thereunto at which time the Duke of Glocester should have beene taken Wherefore the Lords and Commons assembled together agreed with one assent that the Duke of Glocester and Bishop of Ely should in the name of the whole Parliament be sent to the King to Eltham which was done and the King well pleased that they should come When they came into his presence they most humbly saluted him and said Most high and redoubted Soveraigâ—e Lord the Lords and Commons of this your Parliament assembled with most humble subjection unto your most royall Majesty desire your most gracious favour so that they may live in tranquillity and peace under you to the pleasure of God and wealth of the Realme On whose behalfe we also shew unto you that one old statute and landable custome is approved which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Court of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Realme In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and rich may take refreshing where also must be reformed all the oppressions wrongs exactions and enormities within the Realme and there to consult with the wise men for the maintenance of the Kings estate And if it might be knowne that any persons within the Realme or without intended the contrary there also must be devised how such evill weeds might be destroyed There also must be studyed and soreseene that if any charge doe come upon the King and his Realme how it may be well and honourably supported and sustained Hitherto it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding you with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spent One thing resteth yet to declare in their behalfe unto you how that by an old Ordinance they have an Act if the King absent himselfe forty dayes not being sicke but of his owne minde not heeding the charges of his people nor their great paines will not resort to his Parliament they then may lawfully returne home to their houses And now Sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discomfort And our Parliaments present case To this the King answered by these words Well we doe consider that the people and Commons goe to rise against us wherefore we thinke we can doe no better than to aske ayde of our Cosin the French King and rather submit us to him than to our owne Subjects The Lords answered Sir that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King is your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispoyle you invade you and depose you from your estate Royall than put any hand to helpe you c. And as that King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconveniences be come by the evill Counsell which are about you And if you put not your helping hand to the redresse of the premises this Realme of England shall be brought to nought and utter ruine which clearely shou'd be laid to your default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the world was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruine either of you or else of your Realme By these good perswasions the King was appeased and promised within three dayes after to come to the Parliament and to condescend to their Petitions And according to his appointment he came Where soone after Iohn Fordham Bishop of Durham was discharged of the Treasurourship and the Bishop of Hereford set in his place De la Pole was put from his Chancellourship for dive scrimes frauds briberies and treasons by him committed to the prejudice of the King and his Realme committed to the Tower and fined twenty thousand Markes to the King in relieving of the Commons Divers other Judges knights Delinquents of all sorts were condemned executed others banished and their states confiscated others put out of Offce by this Parliament as you may read in our Histories and in the Statutes at large in which Statutes the mischievous effects of these evill Counsellors to King kingdome and people are at full related whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords raising of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of any pardâ—n and their raising of Armes against the Parliament and kingdome though with the Kings owne consent and his command declared and enacted to be high Treason These proceedings ratified and assented to in Parliament by the King much against his will wrought an intolerable secret hatred and desire of revenge in his heart against the Lords which for want of power he concealed neare ten yeares space but in the twentyeth yeare of his Reigne being somewhat elevated in his spirit with a rumour that he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke and Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the peoples eyes lest they should rise up in Armes to rescue these Lords the King sent out
a seigned Proclamation which he caused to be proclaimed throughout the Realme that these Lords were apprehended only for new Treasons committed against him for which he would prosecute them in the next Parliament and not for the old trespasses After which he proclaimes those Lords Traytors Which done he summoned a Parliament at Westminster to this Parliament the King commanded to come all such as he had best confidence in omitting the rest and the Knights were not elected by the Commons as custome required they should be but by the Kings pleasure yea he put out divers persons elected and put in other in their places to serve his turne which was one Article objected against him when he was deposed Against the time of this Parliament the King received a guard of 4000. Archers all Cheshire men as if he would have gone in battle against enemies so that divers came armed to the Parliament out of feare These Cheshire men were rude and beastly people and so proud of the Kings favour that they accounted the King to be their fellow and set the Lords at nought though few of them were Gentlemen but taken from the Plough and other Trades After these rusticall people had a while Courted they grew so bold that they would not let neither within the Court nor without to beat and slay the Kings good Subject as the Cavaliers doe now and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their wives and daughters And if any man presumed to complaine to the King of them he was soone rid out of the way no man knew why nor by whom so that in effect they did what they listed In this Parliament the King having made the Speaker and a great part of mercinary proud ambitious men of the Commons House to be of his side to act what he required them he then prevailed likewise with the Upper House first with the Prelates then with the Lords more out of feare of him then any reason by meanes whereof the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeares of his Reigne were quite revoked and declared voyd in Law as being done without authority and against the will and liberty of the King and of his Crowne And withall they declared the Iudges opinions for which they were condemned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high Treason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason of his popularity sent over to Callice and there by Hall and others smotâ—ered onely for their former actions which done the King adjourned the Parliament to Shrewsbury where he subtilly procured an Act to passe by common consent that the power of the Parliament should remaine in seven or eight persons who after the Parliament dissolved should determine certaine petitions delivered that Parliament and not dispatched By colour whereof Those Committees proceeded to other things generally touching the Parliament and that by the Kings appointment in derogation of the state of the Parliament the discommodity and pernicious example of the whole Realme And by colour and authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the foresaid grant After which he much vexed and oppressed his people with divers forced Loanes Oathes Impositions and oppressing Projects to raise money seeking to trample them under his feet and destroy the Realme and tooke all the Jewels of the Crown with him into Ireland without the kingdomes consent 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 vowed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing of the Dukes great Army assembled against him and knowing that they would rather dye than yeeld out of their hatred and feare of him he dismissed his Courtiers hiding obsurely in corners till he was apprehended and by a Parliament summoned in his name though against his will judicially deposed for his misgovernment Among the Articles exhibited against him in Parliament for his evill government for which he was by sentence dethroned these are remarkable First That hee wastfully spent the Treasure of the Realme and had given the possessions of the Crowne to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore Commonalty And when divers Lords were appointed by the high Court of Parliament to commune and treate of divers matters concerning the Common-wealth of the same which being busie about those Commissions he with other of his affinity went about to impeach them of high Treason and by force and threatning compelled the Iustices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords In somuch that hee began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Richard 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 foresaid Lords and suffered them to rob and pillage without correction or reproofe Item Although the King ftatteringly and with great dissimulation made Proclamation throughout the Realme that the Lords before named were not attached for any crime of Treason but onely for extortions and oppressions done in the Realme yet he 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 to make great fines to their utter undoing And notwithstanding his pardon to them granted yet he made them fine of new Item That he put out divers Sheriffes lawfully elected and put in their roomes divers of his owne Minions 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 sums of money and bound him under his Letters Patents for repayment of the same and yet not one penny paid Item He taxed men at the Will of him and his unhappy Counsell and the same Treasure spent in folly not paying 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 which phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and exacting divers notable Statutes for the profit and advancement of the Commonwealth he by his private friends and solicitors caused to be enacted That no Act then enacted should be more prejudiâ—iall to him than it was to any of his Predecessors though with proviso he did often as he listed and not
in Westminster Church comming to the High Altar before the Clergy and people tooke this solemne Oath upon the Holy Evangelists and many Saints reliques 1. That all the dayes of his life he would be are peace honour and reverence to God and holy Church and the ordinances thereof 2. That to the people committed to his charge he would exercise Right Iustice and Equity 3. That he would abolish naughty Laws and Customes if any were brought upon his kingdome and would enact good Lawes and thesame in good sort keepe and without Mal-engin Which Oath most solemnely taken Baldwin Arch-bishop of Canterbury standing at the Altar forbad him in the name of Almighty God to assume that honour UNLESSE HE HAD A FULL PURPOSE TO KEEPE WHAT HE HAD SWORNE Whereunto Richard ASSENTING and promising by Gods helpe to performe all the premises WITHOUT FRAUD With his owne hand humbly taking the Imperiall Crowne from the Altar delivered it to the Archbishop who set it on his head King Richard deceasing Iohn his younger Brother to put by Arthur the next heire to the Crowne came speedily out of Normandy into England where the great assembly at Northampton to preserve their Rights and Liberties were content to accept of him for their King to yeeld fealty and keepe faith and Peace to King Iohn upon condition onely if he would restore to every of them their Rights which he afterwards violating it was the occasion of great dissentions Comming to London to be Crowned Hubert Archbishop of Canterbury the Pillar of the Common-wealths stability and incomparable for deepe reaching wisedome steps forth in the midst of all the Bishops Lords Barons and others there assembled at his Coronation and spake thus unto them Heare yee all you are in discretion to know that no man hath right or any other fore-title to succeed another in a kingdome unlesse first with invocation for grace and guidance of Gods Spirit he be BY THE BODY OF THE KINGDOME THEREUNTO CHOSEN and be indeed some choyce man and picked out for some eminency of his vertues according to the example and similitude of Saul the first anointed King whom God set over his people though neither the Sonne of a King nor of any royall descent So after him likewise David the son of Iesse the one for being valorous and a person fitting Royall dignity the other for being holy and humble minded To shew that whosoever in a kingdome excelleth all in valour and vertue ought to surmount all in Rule and Authority yet so as that if any of the Of-spring of a deceased King surpasseth others it is fit joyntly to consent in election of such a one This therefore we have spoken in favour of eminent Earle John who is present the Brother of our most illustrious King Richard now deceased wanting an heire of his body whom being provident valiant and truely noble we having invocated the grace of the holy Spirit have all unanimously ELECTED as well in regard of his Merits as of his royall Blood Neither durst any doubt or demurre on these things knowing that the Arch-bishop had not thus defined without cause Wherefore Earle Iohn and all men approving this speech they ELECTED and ASSUMED the Earle for their King and cryed out saying Let the King live But the Arch-bishop being afterwards demanded why he had spoken these things answered That he was assured by some divining foresight that King John would worke the ruine of the kingdome corrupt the Crowne and precipitate it into great confusion And that he might not have the reines free to doe this he OUGHT TO BE CHOSEN BY ELECTION NOT BY SUCCESSION King Iohn at this his Coronation was involved in a threefold Oath namely That hee should love holy Church and its Ministers and preserve it harmelesse from the incursion of Malignants That abolishing perverse Lawes he should substitute good ones and exercise Right judgement in the kingdome of England After which he was adjured by the Arch-bishop in the behalfe of God and strictly prohibited not to presume to accept this honour unlesse he fully purposed in his minde actually to fulfill what he had sworne To which he answering promised that by Gods assistance he would bona fide keepe those things which he had sworne After which he rightly setled the affaires of England by the counsell of his Nobles and then passed over into Normandy But how ill he kept this his Oath with others of this nature and how he violated the Statutes of Magna Charta and De Foresta which he had confirmed with his hand seale Oath Proclamations the Bishops Excommunications yea the Popes Bull within three moneths after he had confirmed them and procured a dispensation of his Oath an abrogation of these Lawes from the Pope making bloody warres upon his Barons and Subjects who confiding to those confirmations and royal promises expected no such strange performances spoyling robbing destroying his people every where in the selfe-same manner as we now are plundered the Histories of his life too manifestly relate which oft put his Crown in danger of utter losse Lewis of France being Crowned King by the Barons in his stead who renounced their allegiance to him for his perjuries and breach of faith and making warre upon them Iohn departing this life his son Henry being but 9. yeares old was proclaimed King through the perswasion of the Earle Marshall and of Pembroke afterwards made his Protector who informed the Lords and Commons that though King Iohn for his evill demeanours deserved their persecution and losse of his Cowne yet his young child tender in yeares was pure and innocent from his Fathers doings Wherefore sith every man is to be charged with the burthen of his owne transgressions neither shall the childe as Scriptures teach beare the iniquity of his Fathers they ought of duty and conscience to beare themselves mildly towards this tender Prince and take compassion of his age And for as much as he was Iohns naturall and eldest sonne and ought to be their Soveraigne let us with one joynt assistance APPOINT HIM our King and Governour let us reneunce from us Lewys the French Kings Sonne and suppresse his people which are a confusion and shame to our Nation and the yokes of their Servitude let us cast from our shoulders Upon which perswasionâ— Henry was presently proclaimed and Crowned King at Glocester And though he were but an infant yet being 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 holy Church and Priests all the dayes of his life He likewise swore that he would maintaine right justice among the People committed to his charge And that he would blot out ill Lawes and unjust customes if there should be any in the kingdome and observe good ones and cause them to be kept by all men
of Saint Michael in the yeere of our Lord God 1389. and the 23. yeere of King Richard the second witnesseth that where by the Authority of the Lords Spirituall and Temporall of this present Parliament and Commons of the same the right honourable and discreet persons hereunder named were by the said Authority assigned to goe unto the Tower of London there to heare and testifie such Questions and Answers as then and there should be by the said honourable and discreet persons heard Know all men to whom these present Letters shall come That we Sir Richard Scroop Archbishop of York Iohn Bishop of Hereford Henry Earle of Northamberland Ralfe Earle of Westmerland Thomas Lord of Barkly William Abbot of Westminster Iohn Prior of Canterbury William Thirning and Hugh Burnell Knights and Iohn Markham Justice Thomas Stowe and Iohn Burbage Doctors of the Law civill Thomas Fereby and Denis Lopham Notaries publike the day and yeer abovesaid betweene the houres of eight and nine of the clock before noone were present in the chiefe Chamber of the Kings lodging within the said place of the Tower where was rehearsed to the King by the mouth of the foresaid E. of Northumb. that before time at Conway in north Wales the King being there at his pleasure and liberty promised unto the Archbishop of Canterbury then Thomas Arundell and unto the said Earle of Northumberland that for insufficiency which he knew himselfe to be of to occupie so great a charge as to governe this Realm of England he would gladly leave off and renounce the right and title as well of that as of his title to the Crowne of France and his Majestie unto Henry Duke of Hertford and that to doe in such convenient wise as by the learned men of this Landit should most sufficiently be by them devised and ordained To the which rehearsall the King in our said presences answered benignly and said That such promise he made and so to the same he was at that houre in full purpose to perform and fulfill saving that he desired first to have personall speech with the said Duke and with the Archbishop of Canterbury his Couzens And furthermore he desired to have a Bill drawn of the said Resignation that he might be made perfect in the rehearsall thereof After which Copy by me the said Earle delivered we the said Lords and others departed And upon the same afternoone the King desired much of the comming of the Duke of Lancaster at the last the said Duke with the Archbishop of Canterbury entred the foresaid Chamber bringing with them the Lord Ros the Lord Burgeiney the Lord Willoughbie with divers others where after due obeysance done by them unto the King he familiarly and with a glad countenance to us appearing talked with the said Archbishop and Duke a good season And that Communication finished the King with a glad countenance in presence oâ— us and the other above rehearsed said openly That he was ready to renounce and resigne all his Kingly Majestie in manner and forme as he before seasons had promised And although he had and might sufficiently have declared his renouncement by the reading of another meane person yet he for the more surety of the matter and for the said resignation should have his full force and strength he therefore read the Scroll of resignation himselfe in manner and forme as followeth In the Name of God Amen I Richard by the grace of God King of England and of France and Lord of Ireland acquit and assoile all Archbishops Bishops and other Prelates secular or religious of what dignity degree state or condition that they be of and also all Dukes Marquesses Earles Barons Lords and all mine other liege men both spirituall and secular of what manner of name or degree they be from their Oath of fealty and homage and all other Deeds and Priviledges made unto me and from all manner of Bonds of Allegeance and Regality or Lordship in the which they were or be bound to me or in any otherwise constrained and them their heires and successours for evermore from the same Bonds and Oaths I release deliver acquit and let them for ever be free dissolved and acquit and to be harmlesse for so much as belongeth to my person by any manner way or title of right that to me might follow of the foresaid things or any of them And also I resigne all my Kingly Dignity Majesty and Crowne with all the Lordships Power and Priviledges to the foresaid Kingly Dignity and Crown belonging and all other Lordships and Possessions to me in any manner of wise pertaining what name or condition they be of out take the Lands and Possessions for me and mine obite purchased and bought And I renounce all right and colour of right and all manner of title of possession and Lordship which I ever had or have in the same Lordships and possessions or any of them or to them with any manner of rights belonging or appertaining unto any part of them And also the rule and governance of the same Kingdome and Lordships with all ministrations of the same and all things and every of them that so the whole Empire and Iurisdictions of the same belongeth of right or in any wise may belong And also I renounce the name worship and râ—gality and kingly highnesse cleerly freely singularly and wholly in the most best manner and forme that I may and with deed and word I leave off and resigne them and go from them for evermore saving alway to my successors Kings of England all the Rights Priviledges and appurtenances to the said Kingdome and Lordships abovesaid belonging and appertaining For well I wote and acknowledge and deem my selfe to be and have bin unsufficient and unable and also unprofitable and for mine open deserts not unworthy to be put down And I sweare upon the holy Evangelists here presently with my hands touched that I shall never repugne to this resignation dimission or yeelding up nor never impugne them in any manner by word or by deed by my selfe nor by none other nor I shall not suffer it to be impugned in as much as in me is privily nor apart but I shall have hold and keep this renouncing dimission and leaving up for firme and stable for evermore in all and in every part thereof so God me helpe and all Saints and by this holy Evangelist by me bodily touched and kissed And for more record of the same here openly I subscribe and signe this present Resignation with mine owne hand And forthwith in our presences and other subscribed the same and after delivered it to the Archbishop of Canterbury saying That if it were in his power or at his assignment he would that the Duke of Lancaster there present should be Successour and King after him And in token thereof he took a Ring of gold from his finger being his Signet and put it upon the said Dukes finger desiring and requiring the Archbishop
at Running-mead that the 25. Barons then elected for the conservators of those Liberties and Charters with the Commons of the Land might distraine and enforce the King if he violated these Charters and made no redresse thereof within 40. days space after notice by seising upon his CASTLES lands possessions and other goods till amends should be made according to their arbitration And for more certainety the fouâ—e Chatelaines or chiefe Captaines of the Castles of Northampton Kenelworth Nottingham and Scarborough should be sworne to obey the commandment of the 25. Barons or the major part of them in WHATSOEVER THEY THOUGHT GOOD CONCERNING THESE CASTLES Wherein NONE SHOULD BE PLACED BUT SUCH AS WOULD BE FAITHFULL and OBSERVE THEIR OATH And upon this accord Rochester Castle and others whose custody of antient right belonged to the Archbishop of Canterbury with other Castles appertaining to the Barons were restored to them by the King who breaking all his vowes Charters immediatly after through the Barons and peoples supine negligence overmuch confiding to the Kings Oath and confirmations and fond conceite of holding that by peace which they had recovered by violence from a perfidious King in halfe a yeares space recovers all the Castles againe even to the Borders of Scotland by meanes of foraine Forces and a malignant despicable domemesticke party hee having scarce seven Knights faithfull to him being generally forsaken of all and made himâ—elfe absolute Master of all England except the Citie of London the Suburbs whereof hee burned and sacked and so tyrannised over his Subjects with fire and Sword pillaging them every where Vastandâ— omnes domos aedificia Baronum divisis agminibus succendebat spolia cum animalibus rapiebat de rapina iniquitatis ministros quos habebat nequissimos saginabat c. sufficiâ—bat ad caâ—sam mortis simplicibus incolis si aliquid habere credebantur qui nihil habebant fateri habere cogebantur qui non habeb at habere ut persolveret paenis exquisitis distringebatur Diseurrebant â—icarii caede humana cruentati noctivagi incendiarii filii Belial strictis ensibus ut delerent a faciâ— terrae ab homine usque ad pecus omnia â—umanis usibus necessaria eductisque cultellis villas domos caemiteria ecclesias perlustrabant omnes spoliabant ita quidem ut nec muliebri sâ—xui nec parvulorum vel decrepitorum parâ—erent aetati Et quod consumere non valebant incendio tradebant vel despergentes inutile humanis usibus reddebant Et quos nulla nota premebant INIMICOS REGIS VOCANTES si inimici sui appellandi sunt qui eum ad mansuetudinem justitiam mansuetam introducere voluerunt ubicunque reperiebantur raptim trahebantur in â—arcerem paenalem vinculis mancipati tandem ad gravissimam coacti redemptionem c. A ture Character of our times and plundering barbarous Cavaliers which so farre exasperated the Barons and people that they elected another King But the end for which I cite this precedent is to manifest that the Lords and Commons in that age did not thinke the Kings owne Charter Promise Protestations Oathes Proclamations the Bishops and Popes solemne excommunications and those 25. new Conservators a sufficiant securitie to preserve their Lawes and Liberties against the invasions of an unconstant wilfull foedifragous King unlesse they had the Power and Command of his chiefe Castles and the Militia added to them which wee see through overmuch securitie and want of vigilancy were all too little to preserve their Liberties against an unconstant oppressing Prince whose oaths and protestations were but like Sampsons cords broken all to peeces like a thread in a moment by those who had Sampsons strength King Henry the third was no whit inferior to his father Iohn in unconstancy and perfidiousnesse to his Subjects with whom when he had oft broken his faith and solemne oathes the Lords and Barons having no other meanes of securitie left to preserve their Lawes Liberties kingdome from vassallage and destruction or to enforce the King to keepe those ordinances which hee had made and sworne to observe in a Parliament at Oxford but few yeares before all which he laboured to rescinde having procured a dispensation of his Oath from the Pope to colour his perjury in the yeare 1260. appointed new Sheriffes and Gardians of Shires discharging such as the King had before admitted and raysing a strong power in the Marches of Wales sent a Letter to the King under the Seale of Sir Roger Clifford beseeching him to have in remembrance the Oath and promises hee had made fâ—r the observing of the Statutes enacted at Oxford with other Ordinances made to the honour of God for faith and allegiance to his person and for the weale and profit of his Realme willing him further to withstand and defie all such persons as will be against the said acts saving the Queene and her children After which letter sent and no answer to it received the Barons with banners displayed went against such Malignants as they knew held against those Acts. And first at Hereford they tooke the Bishop and all his Chanons who were aliens borne taking away their money and cattle and plundering their houses and manors And marching towards London much people fiocking to them in their passage ever as they found any that they knew to be against the maintenance of the said Acts they imprisoned them and spoyled their houses were they spirituall or temporall men furnished the especiall Fortresses of the kingdome with Gardians of their owne and in DIVERS OF THE KINGS CASTLES THEY SET IN SUCH MEN AS THEY LIKED and PUT OUT SUCH AS THE KING HAD PLACED THERE BEFORE and gave them an Oath that they would be true and faithfull to the King and keepe those Castles TO HIS USE and TO THE WEALE OF THE REALME And when William de Valens denied with oathes to render up any Castle which was given him by the King his brother to keepe the Earle of Leycester and the rest of the Barons answered they would either have his Castles or his head which so terrified the Poictovines that they left Oxford and their Castles to the Barons and fled into France Which Castles when the King and Lords were accorded together with the Castles of Dover Nec Regi ablatum nec vetitum sed tanquam clavis totius Regni custodiae esset diligentiori a Baronibus deputatum and the Castle of Rochester and others were readily delivered up by the Barons to the King qui ubique liberum invenit introitum exitum juxtâ— vota tunâ— primo Rex sensit se falsis deceptionibus circumventum Baronum suorum fidelitate ubique licâ—t ignoranter suffultum and then the King first found he was circumvented with false reports of the Barons disloyalty who so willingly restored his Castles to him when those stormes were blowne over though he made but ill use of it took occasion thence openly
and obeyed by both the Kings who granted that both their Sonnes and Heires should remaine as Prisoners and Hostages with the Barons till all things were finished according to this agreement Upon which a Peace was proclaimed in London betweene the King and his Barons Then it was agreed by the King that for his more surety and the weale of the Land the Earle of Leycester should be resient in his Court Upon which agreement many of the Prisoners were set at large In the meane while before the battaile of Lewis the Queene and King of Romans had sent over-sea for Souldiers to ayde the King against the Barons which now were come in great number unto Dover and there hovered on the Sea to have landed Whereof the Barons hearing they sent the King of Romans as Prisoner to Baâ—khamsted untill the said Almaines were returned and caused King Henry with a great power to ride to Dover and force the said Host of strangers to returne unto their Countries After which by the counsell of the Lords a Parliament was agreed and held at Westminster wherein a generall Pardon was granted to all Lords and their adherents for any matter of displeasure done to the King or his Sonne Prince Edward before that day which to uphold the King and he tooke a solemne Oath before the Lords and it was further agreed That the Prince should reside in the Kings Court and not depart thence without license of the King and of certaine Barons Then were many instruments and bonds made by the King and Prince for the performance of sundry Covenants betweene the King and Barons which shortly after tooke small effect and begat new warres this Kings fresh breaches of Oathes and promises procuring him alwayes new insurrections and forced Parliaments which the Barons constrained him to call and hold against his will How the Lords and Parliament oft seised upon the Castles Forts Ammunition in King Edward the second and Richard the seconds Reignes when differences grew betweene them I have already in part remembred and you may read the residue in the Histories of their lives In the 33. yeare of King Henry the sixth his Reigne the valiant Earle of Warwicke was made Captaine of Calice by the Parliament a place of great honour and trust in those dayes by vertue whereof all the warlike affaires and businesse rested principally in the Earle of Warwicke After which the Queene an ambitious stirring woman to breake the peace newly made and ratified by oath betweene the King Lords and Duke of Yorke created Lord Protector by the Parliament caused a fray to be made on the Earle men which produced a warre and bloody battle wherein the Earle gained the field Whereupon the King displeased with the Earle by his Letters Patents graâ—ted the Captainship of Caleyes to Iohn Duke of Summerset who going over to Caleyes in the 38. yeare of King Henry to take possession of his place shewed his Patent to the Earle who refused to resigne his place answering that he was put into it by the Parliament and so could not be outed of it but by Parliament and kept the Duke forth of the Towne who being thus expelled from his office after some skirmishes with the Earles Garrison wherein the Duke had the worst hee sent over to the King and Queene for ayde in defence of this quarrell whereupon they provided 400. warlike persons to passe the Seas for his ayde and ships to transport them who lying at Sandwich for a winde the Earle of Warwicke being therewith acquainted sent Iohn Dingham a valiant Esquire with a small number of men but a multitude of couragious hearts to Sandwich who suddainly entred the same tooke the Lord Rivers and his Sonne who commanded those Souldiers in their beds pillaged some houses and ships and besides this tooke the principall ships of the Kings Navy then lying at the Port well furnished with ordnance and artillery through the favour of the Mariners who favoured the Earle most and brought the royall ships loaden with booty and prisoners to Caleyes With these ships the Earle after passed to the Duke of Yorke into Ireland and afterwards into England where the Duke of Yorke in full Parliament laid claime to the Crowne which his Sonne after obtained deposing King Henry as having no lawfull Title thereunto I recite not this Story to justifie all particulars of it but onely to prove That the Parliament in those times had the conferring of Captaines places of greatest trust who had the command of the Militia and that as this Earle in policy onely for his owne safety seised on the Kings royall ships and Ammunition in which he had no right so by the same reason the Parliament may dispose of such places of Military trust in these times of danger and of the Navy and Ammunition of the kingdome in which they have a reall interest for the kingdomes safety and their owne A Sheriffe Iustice Constable and other Officers by the Common and Statute Law of the Land may and ought to disarme and seise any mans weapons whatsoever and imprison his person for a time when by act or apparent intention onely he shall but disturbe the peace or make any Fray Rout or Riot to the annoyance of the people till the tumult and danger be past and the peace secured Much more then may the highest Soveraigne Court of Parliament seise the Forts Armes Navy Ammunition of the Realme in which they have reall interest and secure them for a season to preserve the whole kingdomes Peace and prevent a civill Warre without any injury to his Majesty till all feares of warre and danger be removed Not to trouble you long with forraine histories of this Nature in the Roman state the chiefe power of making warre or peace of ordering of the Militia and disposing of the custody of Castles Forts Ammunition was in the Senate and people not the King or Emperour as it is in Germany and most forraine States and kingdomes at this day without any diminution to those Kings and Princes just prerogatives It is the determination of the prime Politician Aristotle seconded by Iohn Mariana and others that in lawfull kingdoms the chiefe strength power of the Militia ought to reside in the kingdomes hands not Kings who ought to have onely such a moderate power and guard of men as may suffice to suppresse riots and maintaine the Authority of the Lawes but not so great a force as may master all his kingdome lest he become a tyrant and his Subjects slaves In the kingdome of Arragon in Spaine as I read in Hieronymus Blanca there is a notable fundamentall antient Law made about the yeare of Christ 842. by their Suprarbiense Forum now commonly stiled Iustitia Arrogoniae during the Interregnum to preserve their Countries Liberties to keepe their Kings power within due bounds of royalty and prevent a tyranny with divers other Lawes of this nature which their Kings solemnly
two years space though his friends very oft petitioned for his liberty and Iohn a Gaunt Duke of Lancaster made Regent of the Realme because of the Kings irrecoverable infirmity summoning a Parliament the yeare following repealed the Statutes made in this good Parliament to the Subjects great discontent who were earnest suiters to the Duke for De la Mare his enlargement and legall tryall which being denied the Londoners upon this and other discontents tooke armes assaulted the Duke spoyled his house at the Savoy and hung up his armes reversed in signe of Treason in all the chiefe streets of London But in the first yeare of Richard the second in a Parliament at London Peter De la Mare and almost all the Knights which plaid their parts so well in the good Parliament for the increase of their Country and benefit of the Realme resuming their Petitions caused Alice Piers who contemning the Act of Parliament and the oaths wherewith she had bound her self presumed to enter the Kings Court to perswade and impetrate from him whatsoever she pleased to be banished and all her movables and immovables to be confiscated to the King notwithstanding she had corrupted with mony divers of the Lords and Lawyers of England to speak not only privately but publikely in her behalfe In the 1. yeare of Richard the 2 d William Courtney Bishop of London Edmond Mortymer Earle of March and many others of whom the Common-people had the best opinion being good wise and famous men were by publike consent appointed Councellours and Regents to the King being but young and this yeare Henry Piercie Earle of Northumberland resigning his Marshalls rod Iohn de Arundel was made Marshall in his place In the third yeare of Richard the second in a Parliament at London the Commons petitioned that one of the Barons who knew how to answer Forraigners wisely and might be mature in manners potent in workes tractable and discreete to be the kings protector Electus est Ergo COMMVNI SENTENTIA c. Hereupon Thomas Beauchamp Earle of Warwicke WAS ELECTED BY COMMON CONSENT IN PARLIAMENT Lord Protector that he migh conâ—inually abide with the King and receiâ—e an honorabâ—e anuall stipend out of the Kings Exchequer for his paines and those Bishops Earles Barons and Iudges assigned to be the Kings Counsell and Gardians the yeare before were upon the Commons petition this Parliament removed because they spent much of the Kings Treasure nullum aâ—t modicum fructum protulerunt In this Parliament Sir Richard Scrope resigned his Office of Lord Chauncellour and Simon de Sudbuâ—y Archbishop of Canterbury contrary to his degree and dignity as many then cryed out was substituted in his place In a Parliament at London in the fifth yeare of King Richard the second Sir Richard Scâ—ope was againe made Chauncellour PETENTIBVS HOC MAGNATIBVS ET COMMVNIBVS at the REQVEST OF THE LORDS AND COMMONS as being a man who for his eminent knowledge and inflexible justice had not his peere in England and Hugh Segrave Knight was then likewise made lord Treasurer Sed quid juvant 〈◊〉 Parliamentorum c. writes Walsiâ—gham of the Acts of this Parliament and Speed out of him But to what purpose are Acts of Parliament when after they are past they take no manner of effect for the king with his Privie Counsell was wont to change and abolish all things which by the Commons and Nobility had beene agreed upon in former Parliaments For the very next yeare the king deposed Scrope from his Chauncellourship and tooke the Seale into his owne hands â—â—aling divers Grants and Writings with it as he pleased and at last delivered the Sâ—ale to Richard Braybrooke which Walsinghaâ— thus relates Lord Richard Scrope Knight qui PER REGNI COMMVNIT ATEM ET ASSENSVM DOMINORVM ELECTVM IN REGNI CANCELLARIVM was in those dayes put from his Office of Chancellor which he had laudably and prudently administred The cause of his removall was his peremptory resistance of the Kings Will who desired to impoverish himselfe to exalt strangers For certaine Knights and Esquires of inferiour ranke being the kings servants begged of the king certaine lands and the demeasnes of such as dyed during such time as by the custome of the Kingdome they ought to remaine in the Kings hands The King being a child without delay granted their requests and sending them to the Chancellor commanded him to grant them such Charters under the great Sâ—ale as they desired But the Chauncellor who ardently desired the benefit of the Realme and the Kings profit plainely denyed their requests alleaging that King was much endebted and that he had neede retaine such casualties to himselfe to helpe discharge his debts That those who knew in what debts the king was obliged were not faithfull to the King whiles they minded more their owne avarice than the kings profit preferring their private gaine before the publicke necessities Wherefore they should desist from such requests and be content with the Kings former gifts which were sufficient for them And that they should know for certaine that he would neither make nor seale any such Charters of â—â—nfirmation to them of such donations of the king who was not yet of full age 〈◊〉 hee should hereaâ—â—â—r receive ill thankes from him Whereupon these Petitioners returning from the Chancellour inform the king that the Chauncellors minde was obstinate and that he would doe nothing at his Command but rather contemne his Royall mâ—ndate that the King ought with due severity speedily to curbe such an unbrideled disobedience or else it would quickly come to passe that the kings honour would grow contemptible among his Subjects and his command be of no value The King therefore who understood as a childe more regarding the false machinations of detractors then the faithfull allegations of his Chauncellour in a spirit of furie sends some to demand his seale of him and to bring it to himselfe And when the king had sent againe and againe by solemne messengers that he should send the seale to him the Chauncellour answered thus I am ready to resigne the Seale not to you but to him who gave it me to keepe neither shall there be a middle bearer betweene me and him but I will restore it to his hands who committed it to mine owne hands not to others And so going to the king Here delivered the seale promising that he would as he had hitherto be faithfull to the king yet denyed that he would hereafter be an Officer under him And then the king receiving the Seale did for many dayes what he listed untâ—ll Master Robert Braibrooke Bishop of London had undertaken the Office of Chancellour When not onely the Nobility of the kingdome but the Commonalty likewise heard that the king contrary to the Custome of the Kingdome had captiously deposed the Chauncellour whom All the Nobilitie of the Kingdome with the suffrage of all the Commons had chosen
they were exceedingly moved with indignation Yet no man durst speake openly of the matter by reason of the malice of those about the king and the irrationall youth of the king himselfe and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion and the malice of those inhabiting with him In the ninth yeare of king Richâ—rd the second Michael dâ— la Pâ—le Earle of Suffolke for grosse abuses bribery and Treason was put from his Chauncellourship fined 20000. markes to the king and condemned to dye Haec autem omnâ—a quanquam summe regi placuisse dâ—buerant maximè displicebant adeò fidebâ—t infideli adeo coiuit nebulonem Insomuch that the King and his familiars plotted to murther the Knights of the Parliament who most opposed the subsidie he demaunded and the said Michael together with the Duke of Glocester at a supper in London to which they should be invited thinking by this meanes to obtaine their wills But the Duke and they having timely notice thereof and Richard Exton then Major of Londoâ— freely telling the king when he was called to assent to this villany that he would never give his consent to the death of such innocents though Sir Nicholas Bramber Major thâ— yeare before had thereto assented this wickednesse was pâ—evâ—nted and being made publicke to all the inhabitants in the City and parts adjoyning from thenceforth the hatred of such counsellors and love of the Duke and foresâ—yd knights encreased among all men And the Duke and Knights with greater constancie and courage opposed De la Pole and after many delayes the king full â—ore against his will WAS COMPELLED to give a commission of Oyeâ— terminer to the Duke of Glocestâ—r and â—iâ—hard Earle of Arundell to heare and determine the businesses and complaints against De la Pole and all others which the Knights of the Parliament had accused who gave judgement of death against them and Thomas Arundell Bishop of Ely was mâ—de Chauncellour by the Parliament in De la Poles place and the Bishop of Durham removed from his Lord Treasurership with which he was much enamoted taking much pâ—ines and being at great cost to procure it and 〈◊〉 Gilbert Bishop of Herefoâ—d qui plus liâ— gua quam fide vigebat was suâ—rogaâ—ed in 〈…〉 But this Parliament ending the king immediately received De la Pole whom Walsingham stiles Pâ—rfidiae promptuarium sentiâ—a avaritiae aurâ—ga proditionis archa malitiae odii seminator mendacii fabric tor susurro nequissâ—mus dolo pâ—aestantiss mus artificiosus detractor patâ—iae delâ—toâ— consiliarius nequam meritò perfi us euomens spiritum in terra pâ—regrina together with the Duke of Ireland and Alexander Nâ—vell Archbishop of Yorke into his Court and favour who laboured night and day to incense the King against the Lords and to annull the Acts of this Parliament by which meanes the Kings hatred towards his Nobles and naturall faithfull people increased every day more and more these ill Councellors whispering unto him that he should not be a king in effect but onâ—ly in shâ—dow and that he should enjoy nothing of his owne if the Lords shouâ—d keepe tâ—eir received power The King therefore beleeving them from thenceforth suspected all the Nobles and suffered these ill Councellors and their confederates to wâ—st his revenues and oppressâ— his people Whereupon the next yeare following a Parliament being summoned the Lords and Commons by reason of great and horrible mischeifes and perils which had hapned to the King and the Realme aforetime by reason of evill Councellors and governance about the Kings person by the foresaid Archbishop of Yorke Robert de Vere Duke of Ireland De la Pole Robert Trisilâ—an Lord Chiefe Iustice of England Sir Nicholas Brambre and other their adherents who wasted demished and destroyed the goods treasure and substance of the Crowne oppresâ—sed the people dayly with importable charges neglecting the execution of the good Lawes and Customes of the Realme so that no full right nor justice was done c. whereby the king and all his Realme were very nigh to have beene wholy undone and destroyed for these causes and the eschewing of such like perills and mischeiefes to the King and Realme for time to come displaced and removed these ill Councellors and at their request a new Chauncellor Treasurer and Privie seale were ordained in Parliament even such as were held good sufficient and lawfull to the honour and profit of the King and his Reaâ—me And by advise and assent oâ— the Lords and Commons in Parliament in ayde of good governance of the Realme for the due executi us of good Lawes and the reliefe of the Kings and his peoples â—tates in time to come a speciall Câ—mmission under the great Seale of England confirmâ—d by the Statute of 10. R. 2. c. 1. was granted to both Archbishops the Dukes of Yorke and Glocester the Kings Vnclâ—s thâ— Bishops of Worcester and Exetor the Abbot of Waltham the Earle of Arundle the Lord Cobham and others to be of the Kings GREAT CONTINVALL COVNSELL for one yeare then next following to survey and examine with his sayd Chauncellor Treasurâ—r and Keeper â—f the Privie â—â—ale as well the estate and government of his house as of all his Courts and places as of all his Realme and of all his Officers and Ministers of whatsoever estate as well within the house as without to inquire and take information of all rents revenues profits due to him in any manâ—er within the Realme or without and of all manner of gifts granâ—s alienaâ—ions or confirmations made by him of any Land Tenements Rents Anuities Profiâ—s Revenues Wards Marriages and infinite other particulars specified in the Act and of all kinde of oppressions offenses and dammages whatsoevâ—r donâ— to tâ—e King or his people and them finally to heare and determine And that no man should councell the king to repeale this Commission though it tooke no effect under paine of forfaiting all his goods and imprisonment during the kings pleasure No sooner was this Parliament dissolved but this unhappie seduced King by the instigation and advise of his former ill Councellors endeavours to nullifie this Commission as derogatory to his royall power and sending for his Iudges and Councell at Law to Notâ—ingham Castle caused them to subâ—cribe to sundry Articles tending to the Totall subversion of Parliaments causing the Duke of Glocâ—ster and other Lords who procured this Commission to be indighted of high Treason to which Inditements the Iudges being over-awed with feare set their hands and seales for which illegall proceedings destructive to Parliaments by 11. R. 2. c. 1 to 7. these ill pernicious Councellours and Iudges were attainted and condemned of High Treason put from their Offices their Lands confiscated many of them executed the residue banished and above 20. other Knights Gentlemen and Clergie men who mis-councelled the King imprisoned condemned and banished the Court as
the Lord Burnell And here upon the Prince in his owne name and of the other forementioned Lords prayed to be excused in case they could not finde sufficient to support their necessary charges And that notwithstanstanding any charge by them accepted in this Parliament that they may be discharged in the end of the Parliament in case nothing shall be granted to support their foresaid charges And because the said Prince should not be sworne by reason of the highnesse and excellency of his Honourable Person the other Lords and Officers were sworne and swore upon the condition aforesaid to goâ—erne and acquit themselves in their counsell well and faithfully according to the tenour of the first Article delivered among others by the said Commons and likewise the Iustices of the one Bench and other were sworne and tooke an Oath to keepe the Lawes and doe Iustice and equall right according to the purport of the said first Article And on the 9. of May being the last day of the Parliament The Commons came before the King and the Lords and then the Speaâ—er in the name of the said commons prayed the King to have full conusance of the names of the Lords of his Counsell and because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid that the same Lords of the Counsell should now be newly charged and sworne without condition And hereupon the Prince prayed the King as well for himself as for the other Lords of the Counsell that forasmuch as the Bishop of Durham and Earle of Westmorland who are ordained to be of the same Counsell cannot continually attent therein as well for divers causes as are very likely to happen in the Marches of Scotland as for the enforcement of the said Marches that it would please the King to designe other Lords to bee of the same Counsell with the Lords before assigned And hereupon the King IN FVLL PARLIAMENT assigned the Bishop of Saint Davids and the Earle of Warwicke to be of his said Counsell with the other forenamed Lords and that they should bee charged in like manner as the other Lords without any condition A notable President where all the Kings Privy Counsell are nominated and elected by him in full Parliament and their names particularly declared to the Commons before they are sworne to the end that they might except against them if there were just cause who in their Petition and Articles to the King expresse in generall what persons the King should make choise of for his Counsellors and Iudges and what Oathes they should take in Parliament before they were admitted to their places Which was as much or more as this Parliament ever desired and the King may now with as much Honour and Iustice grant without any diminution of his Prerogative as this Magnanimous Victorious King Henry did then without the least deniall or delay In the fiâ—t Yeare of King Henry the fift This King undertaking a warre with France by Advise and consent of his Parliament as honourable to the King and profitable to the Kingdome toâ—which war they liberally contributed Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME AND HEAD OF THE COMMON-WEALTH Which Office he should enjoy as long as the King was making Warre on the French Nation the Summons of which Parliament issued out by this Duke in the Kings Name See H. 1. c. 1. In the Patent Rolls of 24. Hen. 6. 1 â— pars mem 16. The King grants to Iohn Duke of Exceter the Office of Admirall of England Ireland and Aqultain which Grant is thus subscribed Per breve de privato Sigillo AVCTORITATE PARLIAMENTI So that hee enjoyed that Office by apointment and Authority of the Parliament which was no set standing Office nor place of great Honour in former ages when there were many Admiralls in England designed to severall Quarters and those for the most part annuall or but of short continuance not for life as Sir Henry Spelman shewes at large in his Glossarie Title Admirallus to whom I referre the Reader and Title Heretocâ—us which Heretochs elected by the people had the command of the Militia of the Realme by Sea and Land and this word Heretoch in Saxon signifying properly a Generall Captaine or Leader as you may see there and in Master Seldenâ— Titles of Honour Pag. 605. 606. And sometimes though more rarely an Earle Count or Nobleman Earlederman or Prince Hengist and Horsa being called Heretogan in a Saxon Annall In the 1. yeare of King Henry 6. being but 9. months old when the Crowne descended the Parliament summoned by his Father Henry the 5. as Walsingham writes was continued in which By ASSENT OF ALL THE STATES Humfry Duke of Gloucester WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford and all the Offices and Benefices of the Realm were committed to his disposall In this Parliament a strange sight never before seen in England this infant king sitting in his Queen mothers lap passed in Majestick manner to Westminster and there tooke state among all his Lords before he could tell what English meant to exercise the place of Soveraigne direction in open Parliament then assembled to establish the Crowne upon him In the Parliament Rolls of the 1. yeare of this King I finde many notable passages pertinent to the present Theme of which for their rarity I shall give you the larger account Numb 1. There is a Commission in this Infant Kings name directed to his Vncle Humfrey Duke of Gloucester to summon and hold this Parliament in the Kings name and stead and commanding all the Members of it to attend the said Duke therein Which Commission being first read the Archbishop of Canterbury taking this Theame The Princes of the People are assembled with God declares 4. causes for which this Parliament was principally summoned 1. For the good governance of the person of the most excellent Prince the King 2. For the good conservation of the peace and the due execution and accomplishment of the Lawes of the land 3. For the good and safe defence of the Realme against enemies 4. To provide honourable and discreet persons of every estate for the good governance of the Realme according to Iethro his Counsell given to Moses c. Which Speech ended Numb 7. 8 9 10 11. The receivers of all sorts of Petitions to the Parliament are designed and the Speaker of the House of Commons presented and accepted Numb 12. The Lords and Commons authorize consent to and confirme the Commission made to the Duke in the Infant Kings Name to summon and hold this Parliament so that they authorize and confirme that very power by which they sate With other Commissions made under the great Seale to Iustices Sheriffes Escheators and other officers for the necessary execution of Iustice. Numb 13.
by injustice advising him to lovie warre upon his Subjects making evill Iudges and other Officers to the hurt of the King and Kingdome engrossing the Kings eare and usurâ—ing his Royall authority as ENEMIES of the King and OF HIS PEOPLE and by another Act of Parliament it was then provided that no man should be questioned for any felonies or trespasses committed in the prosecution of Hughâ—e de Sponsers the father and sonne which Act runnes thus Whereas of late many great men of the Realme surmised to Sir Hugh le Despenser the sonne and Father many misdemeanors by them committed against the estate of our Lord the King and of his Crowne and to the disinheritance of the great men and destruction of the people and pursued those misdemeanors and attainder of them by force because they could not be attainted by processe of Law because that the said Sir Hughes had accroached to them the royall power in divers manner the said Grandees having mutually bound themselves by oath in writing without the advise of our Lord the King and after in pursuing the said Hugh and Hugh and their alies and adherents the said great men and others riding with banners displaied having in them the Armes of the king and their owne did take and occupie the Chattels Villages Mannors Lands Tenements Goods and likewise take and imprison some of the Kings leige people and others tooke some and slew others and did many other things in destroying the said Hugh and Hugh and their alies and others in England Wales and in the Marches whereof some things may be said Trespasses and others felonies and the said Hugh and Hugh in the Parliament of our Lord the King sommoned at Westminster three weekes after the Nativitie of Saint Iohn Baptist the 15. yeare of his Raigne for the said misdemeanors were fore judged and banished the Realme by a vote of the Peeres of the Land and the foresaid great men in the said Parliament shewed to our Lord the King that the things done in the pursuite of the said Hugh and Hugh by reason of such causes of necessity cannot be legally redressed or punished without causing great trouble or perchance warre in the land which shall be worse and prayed our Lord that of all alliances trespasses and felonies they might be for ever acquitted for the preservation of peace the avoyding of warre and asswaging of angers and rancors and to make unitie in the land and that our Lord the King may more intirely have the hearts and Wills of the great men and of his people to maintaine and defend his Lands and to make warre upon and grieve his enemies It is accorded and agreed in the said Parliament by our Lord the King and by the Prelates Earles Barrons and Commons of the Realme there assembled by command of our Lord the King that none of what estate or condition soever he be for alliance at what time soever made by deed oath writing or in other manner nor for the taking occupying or detainer of Chattels towns Mannors Lands Tenements and goods taken imprisoning or ransoming the Kings leige People or of other homicides robberies felonies or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men their allies or adherents in the pursuite aforesaid since the first day of March last past till the thursday next after the feast of the assumption of our Ladie to wit the 19. day of August next ensuing be appealed nor challenged taken nor imprisoned nor grieved nor drawne into judgement by the King nor any other at the suite of any other which shall be in the Kings Court or in any place else but that all such trespasses and Felonies shall be discharged by this accord and assent saving alwaies to all men but to the said Hugh and Hugh action and reason to have and recover their Chattels Farmes mannors Lands tenements wards and marriages according to the Lawes and customes used in the Realme without punishment against the king or damages recovered against the party for the time aforesaid For which end they prescribed likewise a Charter of Pardon annexed to this Act according to the purport of it which every one that would might sue out which Charter you may read in old Magna Charta From which Act of Parliament I shall observe these three things First that this their taking up Armes to apprehend the Spâ—â—seâ—s as enemies to the King and kingdom and marching with banners displayd was not then reputed high Treason or Rebellion against the King though it were by way of offence not of defence and without any authority of Parliament for there is not one word of Treason or Rebellion in this Act or in the Charter of pardon pursuing it and if it had beene high Treason this Act and Charters on it extending onely to Fellonie and Trespasses not to Treasons and Rebellions would not have pardoned these transcendent Capitaâ—l crimes Secondly that the unlawfull outrages robberies and murders committed by the souldiers on the kings leige people and not on the two Spensers the sole delinquents were the occasion of this Act of oblivion and pardon not the Armed pursuing of them when they had gotten above the reach of Law Thirdly that though this were an offensive not defensive warre made without common assent of Parliament and many murthers robberies and misdemeanors committed in the prosecution of it upon the kings leige people who were no Delinquents yet being for the common good to suppresse and banish these ill Councellors enemies Traytors to King and Kingdome the King and Parliament though it such a publicke service as merited a pardon of these misdemeanors in the carriage of it and acquitted all who were parties to it from all suites and punishments All which considered is a cleare demonstration that they would have resolved our present defensive warre by Authoritie of both Houses accompanied with no such outrages as these for the apprehension of such as have beene voted Traytors and Delinquents by Parliament and stand out in contempt against its justice for the defence of the Priviledges and Members of Parliament the Liberties and properties of the subject the fundamentall lawes of the Realme the Protestant Religion now indangered by Papists up in Armes in England and Ireland to extirpate it and the removing ill Counsellors from his Majestie to be no high Treason Rebellion or offence at all against the king but a just and lawful Act the very miscarriages wherof in the generall except in such disorderly Souldiers for whom martiall Law hath provided due punishments deserve a publike pardon both from King and Kingdome And to put this out of Question as no fancie of mine owne we have an expresse Act of Parliament resolving the taking up of Armes by the Queene Prince both but subjects and capable of High Treason in such a case as well as others the Nobles and people of the Realme against these two
Spensers and other ill Counsellors about this king in the last yeare of his raigne though the King himself were in their Company and taken prisoner by the Forces raised against them for the necessary preservation reliefe and safety of the Queene Prince Nobles Kingdome to be no high Treason nor offence at all namely the statute of 1. E. 3. c. 1. 2. 3. which I shall recite at large Whereas Hugh Spenser the Father and Hugh Spenser the Sonne late at the suite of Thomas then Earle of Lancaster and Leycester and Steward of England by the common assent and vote of the Peers and Commons of the Realme and by the assent of King Edward Father to our Soveraigne Lord the King that now is AS TRAITORS ENEMIES OF THE KING OF THE REALME were Exled disinherited and banished out of the Realme for ever And afterward the same Hugh by evill Councell which the king had about him without the assent of the Peeres and Commons of the Realme came againe into the Realme and they with other proâ—â—cured the said king to pursue the said Earle of Lancaster and other great men and people of the Realme in which pursuite the said Earle of Lancaster and other great men and people of the Realme were willingly dead and disinherited and some outlawed banished and disinherited and some disinherited and imprisoned and some ransommed and disherited and after such mischiefe the said Hugh and Hugh Master Robâ—rt Baldocke and Edmoâ—d Earle of Arundell usurped to them the Royall power so that the king nothing did nor would doe but as the said Hugh and Hugh Robert and Edmond Earle of Arundell did councell him were it never so great wrong during which usurpation by duresse and force against the Will of the Commons they purchased Lands as well by fines levied in the Court of the said Edward as otherwise and whereas after the death of the said Earle of Lancaster and other great men our Soveraigne Lord the King that now is and Dame Isabel Queene of England his Mother by the Kings will and Common Councell of the Realme went over to Francâ— to treate of peace betweene the two Realmes of England and France upon certaine debates then moved The said Hugh and Hugh Robert and Edmond Earle of Arundell continuing in their mischiefe encouraged the king against our Soveraigne Lord the king that now is his sonne and the said Queene his wife and by royall power which they had to them encroached as afore is said procured so much grievance by the assent of the said King Edward to our Soveraigne Lord the King that now is and the Queene his mother being in so great jeopardy of themselves in a strange Country and seeing the Destruction Dammage Oppressions and Distractions which were notoriously done in the Realme of England upon holy Church Prelates Earles Barons and other great men and the Commonalty by the said Hugh and Hugh Robert and Edmond Earle of Arundell by the encroaching of the said royall power to them to take as good Councell therein as they might And seeing they might not remedie the same unlesse they came into England with an Army of men of warre and by the Grace of God with such puissance and with the helpe of great men and Commons of the Realme they have vanquished and destroyed the sayd Hugh and Hugh Robert and Edmond Wherefore our Soveraigne Lord King Edward that now is at his Parliament holden at Westminster at the time of his Coronation the morrow after Candlemas in the first yeare of his reigne upon certaine Petitions and requests made unto him in the said Parliament upon such Articles above rehearsed by the common councell of the Prelates Earles Barons and other great men and by the Commonalty of the Realme there being by his Commandment hath provided ordained and stablished in forme following First that no great man or other of what estate dignity or condition he be that came with the said king that now is and with the Queene his mother into the Realme of England and none other dwelling in England who came with the said king that now is and with the Queene In ayde of them to pursue their said enemies in which pursuite the King his Fatâ—er was taken and put in ward and yet remaineth in ward shall not be molested impeached or gâ—ieved in person or goods in the kings Court or other Court for the puâ—suite of the said king taking and with holding of his body nor pursuâ—te of any other nor taking of their persons goods nor death of any man or any other things perpetrate or committed in the said pursuite from the day the said king and Queene did arme till the day of the Coronation of the same king and it is not the kings minde that such offenders that committed my trespasse or other offence out of the pursuites should goe quit or have advantage of this statute but they shall be at their answere for the same at the Law Item that the repeale of the said Exile which was made by Dures and force be adnulled for evermore and the said Exile made by award of the Peeres and Commons by the kings assent as before is said shall stand in his strength in all points after the tenure of every particular therein contained Item that the Executors of the Testament of all those that were of the same quarrell dead shall have actions and recover the Goods and Chattels of them being of the said quarrell whose executors they be as they of the same quarrell should c. Certainely here was an higher pursuite and levying warre against the King and his evill Councellors then any yet attempted by this Parliament and a warre rather offensive then defensive in which the king himself was both taken and dâ—tâ—ined Prisoâ—â—r and then forced to resigne his Crowne to his sonne yet this is here justified as a necessary just and lawfull warre by an Act of Parliament never yet repealed and all that bare Armes against the king and his ill Councellors yea they who pursued apprehended and imprisoned the king himselfe are as to this particular discharged by the king and whole Parliament from all manner of guilt or punishment or prosecution whatsoever against them Which consideration makâ—s me somewhat confident that this King and the Parliament held in the 25. yeare of his Raigne ch 2. Which declares it high Treason to levie warre against the King in his Realmâ— did never intend it of a necessary defensive warre against a seduced King and his evill Councellors especially by the Votes of both Houses of Parliament who doubtlesse would never passe any Act to make themselves or their Posteritie in succeeding Parliaments Traytors for taking up meere necessary defensive Armes for their owne and the Kingdomes preservation for that had beene diametraâ—ly contrary to this statute made in the very first yeare and Parliament of this King and would have lâ—yd an aspertion of High Treason upon the king himself the Queene his
in the Kings name spake thus to them My Lords our Lord the King hearing that you were lately assembled at Harenggye Parke in an unusuall manner would not rush upon you as he mâ—ght have easily done had he not had care of you and those who were with you because no man can doubt if he had raised an Army he would have had many more men than you and perchance much â— lood of men had beene spilt which the King doth most of all abhorre and therefore assuming to himselfe patience and mildnesse he hath made choyce to convent you peaceably and to tell him the reason why you have assâ—mbled so many men To which the Lords answered That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOME AND THAT THEY MIGHT PVLL AWAY THOSE TRAITORS FROM HIM WHICH HE CONTINVALLY DET AINED WITH HIM Tâ—e Traytors they appealed were the foresaid ill Councellors and Nicholas Brambre the false London Knight and to prove this appeale of them true casting down their gloves they said they would prosecute it by Duell The King answered This shall not be done now but in the next Parliament which we appoint to be the morrow after the Purification of the blessed Virgin to which as well you as they comming shall receive satisfaction in all things according to Law The Lords for their owne safety kept together till the Parliament and in the meane time dâ—feated the Forces of the Duke of Ireland raised privately by the Kings Command to surprise them The Parliament comming on in the 11. yeare of Richard the second these ill councellors were therein by speciall Acts attainted condemned of High Treason and some of them executed and these defensive Armes of the Lords for their owne and the Kingdomes safety adjudged and declared to be no Treason but a thing done to the honour of God and Salvation of the King and his Realme witnesse the expresse words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe Our Soveraigne Lord the King amongst other Petitions and requests to him made by the Commons of his said Realme in the said Parliament hath received one Petition in the forme following The Commons prayed that whereas the last Parliament for cause of the great and horrible mischiefes and perills which another time were fallen BY EVILL GOVERNANCE WHICH WAS ABOVT THE KINGS PERSON by all his time before by Alexander late Archbishop of Yorke Robert de Veere late Duke of Ireland Michael de la Pole late Earle of Suffolk Rober Trisilian late Iustice and Nicholas Brambre Knight with other their adherents and others Whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed and for this cause and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same Parliament with a Commission to diverse Lords for the weale honour and safeguard of the King his regalty and of all the Realme the tenour of which Commission hereafter followeth Richard c. as in the Act. And thereupon the said Alexander Robert Mighill Robert and Nicholas and their said adherents seeing that their said evill governance should be perceived and they by the same cause more likely to be punished by good justice to be done and also their evill deedes and purposes before used to be disturbed by the sayd Lords assigned by commission as afore made conspired purposed divers horrible Treasons and evils against the King and the said Lords so assigned and against all the other Lords and Commons which were assenting to the making of the said Ordinance and Commission in destruction of the king his Regalty and all his Realme Whereupon Thomas Duke of Glocester the kings Vncle Richard Earle of Arundle and Thomas Earle of Warwicke perceiving the evill purpose of the sayd Traytors did assemble themselves in forcible manner for the safety of their persons to shew and declare the said Treasons and evill purposes and thereof to set remedie as God would and came to the Kings presence affirming against the said 5. Traytors appealed of High Treason by them done to the King and to his Realme upon which appeale the king our Soveraigne Lord adjourned the said parties till this present Parliament and did take them into his safe protection as in the record made upon the same appeale fully appeareth And afterwards in greâ—t Rebellion and against the said protection the said Traytors with their said adherents and others aforesaid continuing their evill purpose some of them assembled a great power by letters and Commission from the King himselfe as Walsingham and others write to have destroyed the said Duke and Earles appellants and other the kings lawfull leige people and to accomplish their Treasons and evill purposes aforesaid Whereupon the said Duke of Glocester Henry Earle of Darby the sayd Earles of Arundell and Warwicke and Thomas Earle Marshall Seeing the open Destruction of the King and all his Realme if the said evill purposed Traitors and their adherents were not disturbed which might not otherwise have beene done but with strong hand for the weale and safeguard of the King our Soveraigne Lord and of all his Realme did assemble them forcibly and rode and pursued till they had disturbed the said power gathered by the said Traytors and their adherents aforesaid which five Traytors be attainted this present Parliament of the Treasons and evills aforesaid at the suite and appeale of the said Duke of Glocester Earles of Darby Arundle Warwicke and Marshall That it would please our redoubled Soveraigne Lord the King to accept approve and affirme in this present Parliament all that was done in the last as afore and as much as hath beene done since the last Parliament by force of the statute Ordinance or Commission aforesaid and also All that the said Duke of Glocâ—ster Earles of Arunâ—ell and Warwicke did and that the same Duke and Earles and the said Earles of Derby and Marshall or any of them did Or any other of their company or of their ayde or of their adherents or of any of them or touching the Assemblies Ridings Appeales and Pursuites aforesaid â— As a thing made to the Honour of God Salvation of the King maintenance of his Crowne and also of the Salvation of all his Realme therefore doubtlesse no Treason Rebellion nor any offence in point of Law and also to Or 〈◊〉 and Stâ—blâ—sh that ' the said Duke of Glâ—câ—ster Earles of Darby Arundell Wâ—rwicke and Marshall nor none of them nor none of such as have beene of their returne or company force ayde or councell or any of them in the things aforesaid nor none other person for any thing aforesaid shall be impeached molested or grieved at the suite of the king nor of the party nor in other manner because of any assembly riding beating levying of Penons or of Banners discomfiture death of a man imprisonment of any person taking leading away or detinue of any horses
or of any other beasts taking or carriage of goods harnesse armour cattle and other movable goods breaking of houses or of other possessions or goods assault battery robberies thefts comming or tarrying with force and armes or armed in the Kings presence at the Parliament or Councell or else where Raysing of people or exciting the people to rise forcibly against the peace by letters commissions or any other deeds or of any other thing that may be surmised by them or any of them or ought or purposed to have beene done from the beginning of the world touching any of the said matters before the end of this present Parliament by any imagination interpretation or other colour but shall bee quit and discharged for ever except that the King be answered of all the goods and cattels that were to them which be attainted in this present Parliament or to any of them and which goods and things were taken by any person the first day of Ianuary last past or after hitherto We considering the matter of the said Petition to be true and the request of the said Commons in this party to be to the honour of God and the profit of us and our Realme of the assent of the Prelates Dukes Earles Barrors and all others of this present Parliament doe garnt the requests of the said Commons in all points after the forme of the said Petition And moreover of the assent aforesayd we will and grant for the greater quietnesse of our said Realme though that the said Duke or Earles appellants or any other of their company retinue force ayde councell or adherents or any of them have taken led away or withholden any of our Iusticers or any other of our ministers in disturbance of execution of the Law of our Realme of England or in other manner or that they have taken any manner of person as Traitors to Us or to our Realme or other person and the same have voluntarily suffered to goe at large or escape beyond the sea from the 14 th day of Novemb. last past till the end of this present Parliament that they nor any of them be for this cause impeached molested nor grieved any manner of way at the suite of us our heires nor none other party but thereof they shall be quit and discharged for ever nor that they nor any of them be in any wise molested grieved nor impeached at the suite of us our heires or other party for any thing done at any time for to a taine to their purpose against the said appealers or any of them or against any other person for this cause nor for any other thing or deed to affirme the same purposes till the end of this present Parliament but thereof shall be acquitted This Act with others made the same Parliament continued inviolable without dispute for 10. yeers space during w ch there were 8. more Parliaments held w ch approved in but it 21 R. 2. the King having violently seised upon the Duke of Glocester the Earles of Warwicke and Arundell and packed a Parliament to his minde by not summoning any Lords thereto but those of his party by causing divers Knights and Burgesses of his own nomination never chosen by the people to be returned in divers places and overawing the rest with a guard or 4000. Cheshire Archers caused these Lords to be illegally attainted of Treason upon fained pretences out of this old grudge and the Acts of this Parliament to be reversed yet not this Act as I conceive which is part of it being specially saved by 21. R. 2. c. 13. But however by the statute of 1 H. 4. c. 3. 4. the Parliament of 21. was wholly repealed reversed revoked voyded undone and anulled for ever with all the Acts circumstances and dependants thereof and this Parliament of 11. R. 2. Enacted to be firmely holden and kept after the purport and effect of the same as a thing made for the great Honour and common profit of the Realme and ch 5. It is ordained and assented that the Lords and other which were forejudged in the Parliament holden the said 21. yeare or by Authority of the same which now be in life and the heires of the Lords and others that be dead shall be wholly restitute and restored to their names all manner of inheritaments and possessions reversions fees reversions offices liberties and franchises as intirely as the said Lords and others which be in life or the Lords and other which be dead ancestors of the heires or the feoffâ—es of the said Lords or other aforesaid or other feoffees to their use were at the time of the judgement given against them the said 21 yeare by entrie without other suite thereof to be made or livery to be had of the same And all the goods and chattels which were the said Lords or the other persons aforesaid so forejudged whereof the king is not answered and be in the hands of the Sheriffes Escheators or other Officers Ministers or any other and concealed by them the king wills and granteth that the same Lords and other which now be in life and the Executors and administrators of them that be dead shall have thereof delivery and restitution and that the Sheriffes Escheators Officers and Ministers so occupying the said goods and chattels by such concealment bee punished for the same concealement So that by the expresse resolution of these two severall Parliaments these Lords and Commons taking up defensive Armes and making war against those wicked Councellours of this King which sought their ruine and endeavoured the destruction of the Realme though they had the kings presence and commissions to countenance all their actions and proceedings of this nature and the Lords wanted the Ordinances of both houses to authorize this their arming and war was solemnely declared and adjudged to be no Treason nor Rebellion at all nor levying of warre against the king within the statute of 25. E. 3. but contrarywise a thing done to the honour of God the Salvation of the King for if the Kingdome perish or miscarry the king as king must needs perish with it the maintenance of his Crowne supported onely by the maintenance of the kingdomes welfare and the Salvation and common profit of all the Realm and this being one of the first solemne judgements if not the very first given in Parliament after the making of the statute of 25 E. 3. which hath relation to its clause of levying war must certainely be the best exposition of that Law which the Paâ—liament onely ought to interpret as is evident by the statute of 21. R. 2 c. 3. It is ordained and stablished that every man which c. or he thâ— raiseth the people and riseth against the King to make warre within his Realme and of hâ—t be duly attainted and judged in the Parliament shall be judged as a Traytor of High Treason against the Crowne and other forecited Acts and if this were no Treason nor
King for the two next yeares so as the custome of Mal-tolt newly imposed on Woolls should be released and this grant not drawne hereafter into custome as a precedent to their prejudice Who acquainting the Commons therewith they after deliberation As to the Kings supply returned this Answer Num. 8 9. That they thought it meet the King should be supplyed and were ready to ayde him as they had alwayes formerly beene but yet as the ayde was granted in this case they durst not assent to it untill they had consulted and advised with the Commons in the Country for which end they craved time to goe into their Counties and that Writs might issue to summon another Parliament on the Octaves of Saint Hillary of the richest Knights in every Shire at a short day to come which was condescended to After which Num. 9 10 11. they gave this answer in writing concerning the three Articles propounded to them First As to the keeping of the peace of the Realme that the Justices of the Peace had sufficient power already to that purpose onely they adde that disturbers of the peace should not be let out of Prison but upon sufficient Bayle and that no Charters of pardon should be granted to Felons but by common consent in Parliament and all other pardons held as voyd To the second they answered That the King before his going beyond the Seas had taken so good order and appointed such sufficient Guardians to defend the Marches of Scotland who were best able to guard those parts that the enforcement of them by the Kings Councell would be sufficient without any charge to the Commons Only they ordered that every man who had Lands in the Marches of Scotland of what condition soever they were should reside upon them to defend them as it had beene formerly ordained without charge to the Commons To the third concerning the guard of the Seas The Commons prayed that they might not be charged to give Counsell in things of which they had no conisance or charge and that they were advised that the Barons of the Ports which at all times have honours before all the Commons of the Land and are so enfranchized to guard the Sea betweene us and strangers if so be it fals out that they will enter and assaile our Land that they contribute to no aydes nor charges on the said Land but receive profits without number arising by the Sea for the Guard aforesaid Wherefore the Commons are advised that they ought to maintaine a guard upon the Sea as the Commons do upon the Land without taking or demanding wages Likewise there are other great Townes and Havens which have a Navy that are in the same case and are bound to guard the Sea And as for the safeguard of the Watch-houses upon the Sea by Land let the guard of them be made by the advice of the Knights of the Shire where the said Guardians are assigned in the safest manner that may be without charge of the Commons And that the people of the Land of what condition soever which have lands on the Coast shall keepe residence upon those Lands the better to repulse the enemies from the Land so that for their abiding there they shall be discharged to give any aide toward the same guard elsewhere Num. 13. The Commons frame and demand a generall pardon upon grant whereof they promise to aide the King with monies Num. 14. They make an Ordinance for increase of monies in the Realme Num. 15. Because the ships of England went not out together in Fleetes to trade but severally out of desire of gaine and covetousnesse and so many of them were taken by the Enemies of the King and the men slaine and murthered to the dishonour of the King and the whole Realme it was agreed and assented in full Parliament that all the Navy should stay and be arrested till further order were given to the contrary Num. 16. It was accorded and assented in Parliament that the Bishops and Lords in the Parliament should send Letters to the Archbishop of Yorke and the Clergy of his Province under their Seales to excite them to grant a convenient ayd for the guard of the Marches of Scotland for the defence of the Church the Realme and themselves as the Clergy of the Province of Canterbury had done Num. 17. It is accorded that Master Robert de Scardeburgh shall be put into the Commission which shall be sent into the County of Yorke to survey the Array of the people which shall be chosen for the defence of the Realme in lieu of Sir Thomas de Blaston That Sir Richard Chastell shall be put in the Commission to survey the Array in the Counties of Notingham and Derby and Iohn Feriby in the County of Lancaster Num. 18. It is assented that the people of Holdernes shall be Arrayed taxed and make ayde for the guarding of the Marches of Scotland and other businesses of the King in those parts notwithstanding the Commission made to them to guard the Sea Num. 21. The Lords who have Lands towards the Marches of Scotland are commanded and prayed by writs and Letters to repaire thither for defence thereof namely the Lords of Ros Wake Mowbray Clifford and Master William Daubeny Steward of the Earle of Richmond and that those who could not in this case goe in proper person should send their people to the Lords in the Marches In the second Parliament held this yeare by appointment of the first Octabis Hilarii 13. Ed. 3. Num. 2. 5. Edward Duke of Cornwall Guardian of England in the Kings absence being hindered by other businesses to be present in this Parliament by Letters Patents under the Kings great Seale appointed the Archbishop of Canterbury and others to supply his place and hold the Parliament Num. 6 7 8 9. The Commons for the defence of the Realme Sea and Marches of Scotland granted the King thirty thousand sackes of Wooll and the Earles and Barons the ninth sheafe Fleece and Lambe within their Demesne Lands and agreed to raise a great summe of money presently to set out a fleet of Ships to Sea fraught with men of armes and archers for defence of the Realme Num. 10. All the Merchants of England were summoned by writ to appeare at Westminster in proper person to conferre upon great businesses concerning the Kings honour the salvation of the Realme and of themselves Num. 11. The Mariners of the Cinque-ports upon their departure promised to make their ships ready by Mid-Lent and were to receive a summe of money to helpe defray their charges herein and the men of the Cinque-ports promised to defray the moity of the costs and the Kings Counsell the other moity but not in name of wages but out of speciall grace and the Cinque-ports were to finde 21 ships of their owne and nine ships of the River of Thames Num. 12. The Mariners towards the West promised to finde 70. ships of an hundred Tunne
it should please the King that Mounseur de Guyen because he is the most suffiâ—ient person of the realme shall goe to the same Tâ—eaty And the King said that he liked it well if it pleased the said Lord de Guyâ—n and thereupon Mounseur de Guyen said that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King and of his realme In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the câ—stody of the Town and Castle of Calice the Towne of Risbanke the Castles of Hamures Marke Oye Stangate Bavelingham and of the Castle and Dominion of Guynes in Picardy to be made to Humfrey Dâ—ke of Glocester his unkle in the presence of the Lords spirituall and temporall then being in the present Parliament was on the 29 day of October read before them which being understood and maâ—ure deliberation taken thereupon the severall reasons of the said Lord being heard it was at last by their assent and consent agreed and ordered that the said Duke should have the custody of the said Towne Castles and premises to the end of nine yeeres then next ensuing which Charter was subscribed by all the Lords there present In the Parliament of 31 H. 6. Num. 41. procustodia Maris it was enacted For as much as the King considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea and others His Subjects using the Trade of Merchandises have been oftentimes grievously imprisoned distressed put to great sufferances and ransomes and their Ships Vessels and Merchandises of great value taken upon the Sea by his enemies and also Merchant strangers being under his leageance amity safegard or safe conduct upon the Sea have been robbed and spoyled against the forme and contents of such truces and safe conducts signed His Highnesse willing and intending sufficiently to proviâ—e for the remedy of such inconveniences and to eschew and avoyd all such 〈◊〉 and dispoylers HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament assâ—mbled deâ—iâ—ed certaine great Lords of this reâ—lme that is to say Richard Earle of Salisbury Iohn Earle of Shrewsbury Iohn Earle of Worcester Iames Earle of Wiltshire and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre to intend with all diligence to their possibility the safeguard and keeping of the Sea For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY OF THE SAME were granted to the said Earles and Lord Sturton and the survivers of them for three whole yeeres with power for them to appoint Collectors to receive and collect them in every Port without rendering any account so as they kept the covenants and endentures made between the King and them for the safegard of the Seas with a proviso that this Act during the three yeeres should not be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke for the payment of the wages and arreares of the Souldiers there And over that if the goods of any of the Kings liege-people or any of his friends be found in any Vessell of the Kings enemies without any safe conduct that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment according to the Statute thereupon made In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament in these words For as much as the Earles of Salisbury Shrewsbury and Worcester and the Lord Sturton besought the Kings Highnesse in this present Parliament that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea the King therefore and for other causes moving his Highnesse BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly the 23 day of the same Parliament admitted their desire and would that the said Earles and Lord Sturton or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding and ended at Westminster be 〈◊〉 the 30 day of July fully discharged of the keeping of the same and that IT SHOULD BEENA CTED OF RECORD In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY THEREOF ordained and established that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France and of the Lordship and Land of Ireland have and take upon him the power and labour to ride into the parts of England and Wales where great rebellions murders riots spoylings executions and oppressions be used committed and attempted to represse subdue and appease them And also to resist the enemies of France and Scotland within the realme And further granted ordained and established by the said advice and authority that every Sheriffe with the power and might of his Sheriwicke and every Major Bailiffe Officer Minister and Subject of the said realme of England and of Wales shall attend upon his said cousin for the said intent as the case shall require and to the same intent be ready at the command of his said cousin and the same obey and performe in like case as they ought to doe at his commandement after the course of the Lawes of England and in Wales after the customâ—s there c. And to cite no more presidents in so cleare a case in the Parliament of 21 Iacobi ch 33. The Temporalty having granted three intire Subsidies and three Fifteenes and tenths to King Iames towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine and more particularly for the defence of the realme of England the securing of Ireland the assurance of the states of the united Provinces with the Kings friends and allies and for the setâ—ing forth of the Navy-royall did by that Act for the better disbursing of the said 〈◊〉 and mannaging that warre according to the Parliaments true intention by that very Act wherein they gave the Subsidies did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys and appointed ten Lords and Knights particularly named in the Act to be of the Kinge Councell for the warre by whose warrant under five of their hands at least all the moneys they granted were to be issued and exported for and towards the uses expressed in the Act to such
divers destructions by them moved and for certaine Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament and by the said Lords it was specially accorded That four persons to wit the Kings Confessor the Abbot of Done Master Richard Derham and Crosseby of the Chamber shall be quite ousted and voided out of the Kings house whereupon the ninth of February the said Confessor Master Richard and Crosseby came before the King and Lords in Parliament and there the King in excusing the said four persons said openly that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold notwithstanding our said Lord the King well considered that what the said Lords and Commons shall do or ordaine was for the good of him and of his Realme and therefore he would conforme himselfe to their intentions and did well agree to the said Ordinance which charged the said Confessor Master Richard and Crosseby to avoid his said Court and like charge should have beene given to the said Abbot had he been present And our Lord the King said further That he would doe the like with any other which was about his royall Person if he was in hatred or indignation with his people And Numb 37. To the end that good and just government and remedy may bee made of divers complaints grievances and mischiefs shewed to our Lord the King in this Parliament our Lord the King to the honour of God and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm for the ease and comfort of all his Realme hath ordained certain Lords and others underwritten to be of his great and continuall Councell to wit the Archbishop of Canterbury the Bishop of Lincolne Chancellour of England the Bishops of Rochester Winchester Bath and Baâ—gor the Duke of Yorke the Earles of Sommerset and Westmerland the Lord Roos Treasurer of England the Keeper of the Great Seale the Lord Berkley the Lord Willoughby the Lord Furnevall the Lord Lovell Mounsier Pierce Courtney Master Hugh Waterton Master Iohn Cheyne Master Arnald Savage Iohn Northbury Iohn Doreward Iohn Cawsou In the Parliament of 7. 8. Henry 4. Numb 31. The 22. day of May the Commons came before the King and his Lords in Parliament and then Iohn Tibetot their Speaker reheased how they had prayed the King in the beginning of the Parliament and after to increase the number of his Councell for the better government of the Realme and prayed the King to put it in execution and further rehearsed how that the Archbishop of Canterbury had reported to them That the King would be counselled by the most sage Lords of the Realme the which ought to have the survey of all that which shall be done for the good government of this Realme which thing the King agreed to doe and rehearsed with his own mouth That it was his entire will And thereupon a Bill made by the King himselfe by his own will was delivered containing the names of the Lords which shall be of his Councell the tenour of which Bill ensueth It is to bee remembred that our Lord the King considering the great labours occupations and diligence which he ought necessarily to imploy about the good government of his Realme and other his possessions as well on this side the Sea as beyond it First of all for the preservation of our Lord the King and of his Crowne and that the revenues of the same may be the better collected to his profit and increase as much as a man may jâ—â—rly doe to the end that he may the better sustaine his honourable estate And secondly for the confirmation of the Lawes and Statutes of the Realme to the end that equall right may be done to every one as well poor as rich Our Lord the King of his proper and good will desirous to be supported in the foresaid causes because that he cannot attend thereunto in proper person so much as he would for the great love and good affiance which he hath among others in the most reveâ—end Fathers in God the Archbishop of Canterbury the Bishops of Winchester and Excester the Duke of Yorke the Earle of Somerset the Lord Roos the Lord Burnet the Lord Lovell the Lord Willoughbie the Chancellour Treasurer and Keeper of the privie Seale the Steward and Chamberlaiue Master Hugh Waterton Master Iohn Cheyney and Master Arnald Savage hath chosen and charged them to be of his counsell praying and commanding them that in all the foresaid causes they will put to their intire diligences for the profit of our said Lord the King and likewise for the confirmation of the Laws and Statutes aforesaid In the Parliament of 2. Henry 6. num 15. After divers speciall requests of the Commons of the Realme being in the present Parliament made to my Lord of Glocester Commissary of the King and to other Lords Spirituall and Temporall there for to have notice and conusance of the persons assigned and elected to be of the Kings Councell to their great ease and consolation By advice and assent of all the Lords Spirituall and Temporall aforesaid were elected and named certaine persons as well spirituall and temporall to be Councellours assistant to the governance of the Realm whose names here ensue The Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worceâ—â—er the Chancellour Treasurer and Keeper of the privie Seale the Duke of Excester the Earle of March the Earle of Warwick the Earle Marshall the Earle of Northumberlâ—nd the Earle of Westmerland the Lord Cromwell the Lord Fitz Hâ—gh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff â—homas Chaucer William Allington In the Parliament of 29. Henry 6. num 6. Vpon the Petition of the Commons against divers Lords Bishops Knights Esquires and others to the number of 29. who mis-behaved themselves about the royall Person of the King and in other places by whose only meanes it was suggested the Kings possessions had been greatly diminished his Laws not executed the peace of the Realm not observed to the great hurt and trouble of the liege people of the Realm and likely subversion of the same of which misbehaviour universall noise and clamour was openly received thorowout all the Realme upon the same persons specified in the Petition all of them except the Lords and some few others without further evidence against them were by the King now removed from his presence and Court for a whole yeeres space within which time any man that could and would object against any of them should be patiently heard and intended to Those few fresh Presidents added to the precedent and to such forraign examples of this nature cited in the Appendix will abundantly cleare the Parliaments right and Kingdoms interest in nominating placing and displacing the great Officers of the Kingdom and
and his owne Daughter in Marriage to purchase peace Charles being afterwards slaine by Hebert Earl of Vermendoyes Algina his wife mistrusting the Frenchmen fled secretly with her young sonne Lewes Heire to the Crowne to Edward the Elder into England Whereupon that the Land might not be without a Ruler the Lords of France assembled at Paris and there tooke Councell to elect a new King where after long debate they named and crowned Raulfe sonne to Richard Duke of Burgundy King as next Heire to the Crown but young Lewes Raulfe dying after he had reigned 12 yeares the Nobles hearing that Lewes was alive in England sent for him into France and crowned him their King Lewes the 6. dying without issue being the last King of Pipens blood who enjoyed the Crowne 10. discents Hugh Capet usurped the Crowne putting by Charles Duke of Loraigne Vncle and next heire to Lewes whom by the Treason of the Bishop of Laoâ— he took prisoner After which the Crowne continued in this Hugh and his Heires Philip the 2. of France by a counsell of his Prelates was excommunicated for refusing to take Ingebert his wife whom he unlawfully put from him and to renounce Mary whom he had married in her stead And calling a Parliament they concluded that King Iohn of England should be summoned to appeare as the French Kings Liege-man at another Parliament to be holden at Paris within 15. dayes after Easter to answer to such questions as there should be proposed to him for the Dutchy of Normandy and the County of Angeou and Poytiers who not appearing at the day Philip hereupon invaded and seized them After which Lewes the 9. and Henry the 3. of England in a parliament at Paris made a finall composition for these Lands Lewes the 10. being under age was thought of many unsufficient to governe the Realm and when he had a mind to goe to the holy Warre as it was then deemed he did not undertake it but by the advice of his great Councell of Spirituall and Temporall Lords and persons who assisted him therein Philip the 4. in the 27. yeare of his Raigne raised a great Taxe throughout France which before that time was never heard nor spoken of by his absolute Prerogative without consent of his Estates in Parliament which had the sole power of imposing Taxes Which Taxe all Normandy Picardy and Champaigne allying themselves together utterly refused to pay which other Countries hearing of tooke the same opinion so that a great rumour and murmur was raised throughout the Realme of France in such wayes that the King for pacifying the people was faine to repeale the said Taxe Lewes 11. of France dying without issue male left his Queen great with child whereupon Philip his Brother reigned as Regent of France till the childe was borne which proved a male named Iohn who dying soone after Philip was crowned King at Paris albeit that the Duke of Burgoyn and others withstood his Coronation and would have preferred the Daughter of King Lewes But other of the Lords and Nobles of France would not agree that a woman should inherit so great a Kingdome it being contrary to the Salique law This Philip by advise of evill counsell set a great Taxe upon his Commons to the Fifth part of their movable goods at which they murmured and grudged wondrous sore and before it was levied hee fell into a Feever Quartan and great Flixe whereof hee dyed which Sickenesse fell upon him by prayer of the Commons for laying on them the said grievous Taxes Charles the fifth of France having a purpose to drive all the English â—uâ— of Aquitaine and other parts of his Kingdome and being provided of all things which he thought needfull for the doing of it yet would not undertake the warre without the counsell and good liking of the Nobility and people whose helpe he was to use therein Wherefore he commanded them all to be assembled to a Parliament at Paris to have their advice and by their wisdome to amend what had by himselfe not altogether so wisely been done and considered of And this warre being at last decreed by the Councell prospered in his hand and tooke good successe Wheâ—eas when the Subjects see things done either without counsell or contrary to the wills and decrees of the Senate or Coâ—ncell then they contemne and set them at naught or elfe fearfully and negligently do the command of their Princes of which contempt of Lawes Magistrates and sedditious speeches ensue among the people and so at length most dangerous rebellion or else open conspiracy against the Prince as Bodin observes This Charles dying without Issue Male leavâ—ng his Wife great with Childe Philip Earle of Valoyes his Nephew was by the Barons and Lords made Protector and Regent of the Realme of France untill such time as the Queene was delivered who being brought to bed of a Daughter onely hereupon Philip was crowned King Betweene him and King Edward the third of England and their Councells arose great disputations for the Right and Title to the Crowne of France for it was thought and strongly argued by the Councell of England for so much as King Edward was sonne and sole Heire to his Mother Queene Isabel daughter to King Philip le Beaw that he should rather be King of France then Philip de Valoyes that was but Cousin German to Philip le Beaw Of which disputations the finall resolution of the Lords and Parliament was That for an old Decree and Law by Authority of Parliament long before made which the English much oppugned that no woman should inherite the Crowne of France therefore the Title of Edward by might of the Frenchmen was put by and Philip by an Act of the whole French State by which his right was acknowledged admitted to the Government of the same After which one Simon Poylet was hanged in Chaines Headed and Quartered at Paris for saying in open audience that the right of the Crowne of France belonged more rightfully unto King Edward then to King Philip who had long warres about these their Titles to the Crowne King Iohn of France in the fifth year of his reigâ—â— had by authority of the three estates of his Realme assembled in â—arliament to wit of the spirituall Lords and Nobles and Heads of Cities and good Townes of his Kingdome 3000 men waged for a yeare granted to him to defend him and his Realme agaâ—nâ—t Edward the third King of England who the next yeer following took King Iohn prisoner in the field Whereupon Charles Duke of Normandy his eldest sonne and Heire apparent assembled the 3 Estates at Paris in a Parliament there held craving aid of them to redeem their captivated King who promised their uttermost help herein desiring convenient time to consult thereof Which granted the three Estates holding their Councell at the Gray Fryers in Paris appointed fifty person among them to take view and make search of the grieyances and evill guidance of the Realme
dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contended for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaime him king Iuly 29. 1564. which done she excluded the Nobility from â—er Councells and was wholly advised by David Ritzius a Subaâ—dian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen besâ—eged the Queen till she rendred her selfe prisoner upon this condition that she should abjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamiltâ—ns in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Lenâ—ux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Nerthfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnely arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c and for it beheaded at Fotherringham Castle Feb. 8. 1587 The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What thâ— Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the Kings consent and Proclamations is so fresh in memory so fuâ—ly related in the Acts of Oblivion and Pacification made in both Parliaments of England and Scotland ratified by the King himselfe and in particular Histories of this Subject that I shall not spend time to recite particulars but will rather conclude from all the premises with the words of Buchanan The Ancient custome of our Ancestors in punishing their Kings suffers not our forcing of the Queene to renounce her right unto the Crowne to her sonne to seeme a Novelty and the moderation of the punishment shewes it proceeded not from envie for so many Kings punished with death bonds banishment by our Ancestors voluntarily offer themselves in the ancient Monuments of Histories that we neede no forraigne examples to confirme our owne act For the Scottish Nation seeing it was free from the beginning created it selfe Kings upon this very Law that the Empire being conferred on them by the suffrages of the people if the matter required it they might take it away againe by the same suffrages of which law many footsteps have remained even to our age for in the Islands which lye round about us and in many places of the Continent wherein the Ancient language and constitutions have continued this very custome is yet observed in creating Governours likewise the Ceremonies which are used in the Kings inauguration have also an expresse image of this Law out of which it easily appeares that a Kingdome is nothing else but the mutuall stipulation betweene the people and their Kings the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law preserved from the very beginning of raigning among the Scots even unto our age when as no man in the meane time hath attempted not onely not to abrogate this Law but not so much as to shake it or in any part to diminish it Yea whereas our Ancestors have deprived so many Kings as would bee tedious to name of their Realme condemned them to banishment restrained them in prisons and finally punished them with death yet there was never any mention made of abating the rigor of the Law neither perchance undeservedly since it is not of that kinde of Lawes which are obnoâ—ious to the changes of times but of those ingraven in the mindes of men
the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all the Kingdomes in it to dispose of them at his pleasure to whom and when he will without giving any account of his actions That all Emperours and Kings are but his vassals deriving and holding their Crownes from him by base unworthy services worse then villenage that they call and repute them their Popes vassals curs packe-asses with Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their own Authours and practise I shall refer them to Doctor Richard Crackenthorps Booke Of the Popes temporall Monarcâ—y chap. 1. p. 1. to 27. worthy any mans reading to Iohn Bodins Commonwealth Lib. 1. cap. 9. Bishop Iewels view of a Seditious Bull and Doctor Iohn Whites Defence of the way to the true Church chap. 10. p. 43. Secondly That the Pope alone without a Councell may lawfully excommunicate censure depose both Emperours Kings and Princes and dispose of their Crownes and Kingdomes unto others That it is meete and necessary he should excommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all protestant Princes or oppressors of the Common-wealth That as soone as such Princes are actually excommunicated or notoriously knowne to be Heretickes or Apostates their Subjects are ipso facto absolved from their governmeâ—t and Oathes of Allegiance whereby they were bound unto them and may yea ought to take up Armes against them to deprive them of their Kingdomes Thirdly That such hereticall tyrannicall oppressing Kings may be killed poysoned or slaine by open force of Armes not onely lawfully but with glory and commendations That this is to be executed by Catholikes and that it is not onely an heroicall but meritorious act worthy the highest Encomiums and a Saint-ship in the Roman Calender These two last propositions you may read abundantly proved by the words of Popish writers and forty examples of severall Emperours Kings and Princes which Popes and Papists have excommunicated deprived violently assaulted and murthered in Doctor Iohn Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Iewels view of a seditious Bull in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3. throughout Aphorismi Doctrinae Iesuitarum King Iames his Apology against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fifth of November to which I shall referre the Reader What security or protection then of his Majesties royall person Crowne Kingdomes can now be expected from our popish Recusants infected with these trayterous principles and branded with so many ancient moderne nay present Treasons and Rebellions against their Soveraignes let the world and all wise men seriously judge What faire quarter and brotherly assistance the Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like to receive from this popish Army the late Gunpowder 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 safety the Kingdome may expect in Church of State whiles Popery and Papists have any armed power or being among us Doctor Iohn White hath long since proclaimed 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 hath 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 these ill advisers to colour their close designe of re-establishing Popery principally intended can alleadge for arming Papists against Law is That the Parliament hath trayterously invaded the Kings Prerogatives in a high degree claimed a power and jurisdiction above his Majesty in sundry particulars yea usurped to its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolences and reduce the Parliament to its due limits his Majesty is now necessitated to raise an Army and pray in ayde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall and loyall to his Majesty in this service To answer which pretence more fully though it be for the maine most palpably false yet by way of admission onely I shall suppose it true and with all possible brevity manifest That Parliaments Prelates Peeres 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 all others have least cause to taxe the Parliaments proceedings and those ill Counsellors and his Majesty small reason to imploy 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 Advocates with its approbation affirme that the Parliament being the representative Body of the whole Kingdome is in some respects of greater power and authority then the King who though he be singulis major yet he is universis minor which is contrary to the Oath of Supremacy wherein every Subject doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SUPREAME GOVERNOUR of this Realme c. as well in all Spirituall or Ecclesiasticall causes as Temporall and a kinde of unkinging his Majesty no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broachers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his reigne lib. 2. cap. 16. f. 34. a. resolves thus But the King hath a SUPERIOUR to wit God Also the Law by which be is made a King likewise HIS COURT namely the EARLES AND BARONS because they are called Comites as being THE KINGS FELLOWES or companions and he who hath a fellow or associate hath a MASTER and therefore if the King shall be without a bridle that is without Law THEY OUGHT TO IMPOSE A BRIDLE ON HIM unlesse they themselves with the King shall be without bridle and then the Subject shall cry out and say O Lord Iesus Christ doe thou binde their jawes with bit and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are above the King and ought to bridle him when he exorbitates from the Law which he also seconds in
assembled all together as well Nobles as ignoble and Offa most valiant young man being their Captaine they expelled him from the kingdome which done unanimi omnium consensu by the unanimous consent of all as well Clergy as People they Crowned Offa a King Ceolwulfe King of Mercia An. 820. after one yeares Reigne was for his misâ—â—vernment expulsed by his people abandoning his Crowne and Country for the â—afety of his life Edâ—â—yn King of Mercia and Northumberland for his Misgovernment Tyranny oppression following vaine base wicked Counsellors rejecting the advise of the Wisest and noblest person was by the unanimous consent of all his Subjects removed from all Kingly dignity and deposed in whose place Edgar was elected King An. 957. DEO DICTANTE annuente populo Not to mâ—ntion the story of Archigallo one of our ancient British Kings in times of Paganisme Who giving himselfe to all dissention and strise imagining causes against his Nobles to put them from their goods and dignities setting up ignoble persons in their places and plucking away by sinister wrongfull meanes from the rich their wealth and goods by which he enriched himselfe and impoverished his Subjects was for these his conditions murmured against by his Subjects who of one assent lastly tooke and deprived him of all Kingly honour and dignity when he had Reigned almost five yeares making his Brother Elidurus King of Britaine by one assent in the yeare of the world 4915. Who after five yeares good Reigne feigning himselfe sicke assembled the Barons of the Land and by his discreet words and bearing loving carriage Perswaded them to restore Archigallo to his former honour and regalty and thereupon assembling a Councell of his Britaines at Yorke caused such meanes to be made to the Commons that in conclusion he resigned his Crowne to Archigallo Who being thus restored to his Crowne by joynt consent of the people remembred well the evill life that before time he had led and the punishment hee had suffered for the same Wherefore for eschewing the like danger he changed all his old conditions and became a good and righteous man ministring to the people equity and justice and bare himselfe so nobly towards his Lords and Rulers that he was beloved and dread of all his Subjects and so continued during the terme of his naturall life Nor yet to remember Emerian another old British King who for misordering of his people was deposed by them in the sixth yeare of his reigne and Ydwallo promoted to the Kingdome who taught by Emerian his punishment behaved himselfe justly all the time of his reigne or any more such precedents before the Conquest We finde the Popish Barons Prelates and Commons disavowing King Iohn whom they had formerly elected King for making warre upon them and wasting burning and spoyling the Kingdome like an Enemy and electing Lewis of France for their King to whom they did homage and fealty There are none so ignorant but know that the Popish Prelates Lords and Commons in Parliament Anno 1327. deposed King Edward the second their naturall King for his misgovernment and following and protecting ill Counsellors inforcing him by way of complement to resigne his Crowne threatning else that they would never endure him nor any of his Children as their Soveraigne but disclaiming all homage and fealty would elect some other for King not of his bloud whom themselves should think most fit and able to defend the kingdome After which they elected and crowned his son Edward the third for their King That Anno 1399. King Richard the second for sundry misdemeanours objected against him in 32. Articles in Parliament and breach of his Coronation Oath was judicially deposed by a Popish Parliament by a definitive sentence of deposition given against him which you may read at large in our Historians and Henry the fourth elected and created King in his stead In both which depositions the Popish Prelates were chiefe actors Anno 1462. King Henry the sixth Queene Margaret and Prince Edward their Sonne were by a popish Parliament disinherited of their right to the Crowne and Edward the fourth made King after which King Henry was by another Parliament recrowned and re-established in his kingdome and Edward the fourth declared a Traytor and usurper of the Crowne And not long after Edward taking King Henry prisoner and causing him to be murdered in the Tower another Popish Parliament Anno 1472. abrogated King Henries Lawes and re-established King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which farre transcends the highest straines of pretended incroachments on his Majesties royalties by the present Parliament Secondly our Popish Parliaments Peeres and Prelates have oft translated the Crown from the right heires setled it on others who had no lawful right or title to it electing and acknowledging them for their onely Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after Edgars decease An. 975. Their electing and Crowning Canutus King a meere forrainer in opposition to Edmund the right heire to King Ethelred Anno 1016. Of Harold and Hardiknute both elected and crowned Kings successively without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned aâ—d tortured to death Anno 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilities upon the death of King Harold enacted That none of the Danish bloud should any more reigne over them After this Kings death Edgar Etheling who had best title was rejected and Harold elected and crowned King so after William the Conquerors decease Anno 1087. Robert the elder brother was pretermitted and William Rufus the younger brother crowned and established in the Throne After whose death Henry the first his younger brother though not next heire was elected King by the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their owne liking upon faire promises for reforming bad and rigorous Lawes remission of Taxes exacted on the Subjects and punishment of the chiefe causers of them and a solemne Oath to frame good Lawes and ratifie Saint Edwards Lawes all which he really performed So after the death of Richard the first Iohn Earle of Morton was established and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was elected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in the case of K. Henry 4. K. Edw. 4. and Richard the third made Kings by Acts of Parliament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles by way of usurpation and the right
upon demand he raiseth a great Army and takes his Castle On this the King upon better consideration did againe promise and affirme That by advise of his great Councell all that was amisse should be rectified and amended And at the day and place appointed he holds a great conference with the Lords But the evill Counsellers he followed suffered him not to make good his promise For when divers there present greatly in the Kings favour with sundry Preachers and Fryers whom the King was wont to reverence and hearken to Humbly beseeched and earnestly exhorted the King to make peace with his Barons and Nobles and to embrace them with due affection being his naturall Subjects whom without any judgement by their Peeres he had banished destroying their Manours Woods Parkes Ponds and being led and seduced by evill Counsels lesse regarded his faithfull Subjects whose native blood would not permit them to bow downe than Forainers and which is worse called them Traytors by whom he ought to settle the peace order the Counsels and dispose the affaires of his kingdome The Bishop of Winchester offended it seemes at Peeres takes the word out of the Kings mouth and answers That there are not Peeres in England as in the Realme of France and that therefore the King of England by such Iusticiars as himselfe pleaseth to ordaine may banish any offenders out of the Realme and by judiciall processe condemne them Which insolent speech the English Bishops relished so harshly that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellers of whom Winchester being the foreman appealed whereupon they accursed and I would our Bishops would doe so now if the God-dam-me Cavaliers accurse not themselves sufficiently all such as alienated the heart of the King from his Subjects and all others that perturbed the peace of the Realme and so the hoped Accomodation vanished into greater discontents Hereupon the Earle Marshall and other Lords with their Forces fell pell mell upon the Kings Army slew divers of his Forrainers and in conclusion drew him to such straits that enforced him to be capable of better advise Then Edmund Arch-Bishop of Canterbury elect with other suffragan Bishops bewailing the estate of the kingdome presented themselves before the King at Westminster telling him as his loyall liegeman and O that some Bishop or faithfull person if there be any such about his Majesty would now deale thus clearely with him touching his evill Counsellors That the Counsell of Peter Bishop of Winchester and his complices which now he had and used was not sound nor safe but evill and dangerous to himselfe and his Realme First for that they hated and despised the English calling them Traytors turning the Kings heart from the love of the people and the hearts of the people from him as in the Earle Marshall whom being one of the worthiest men of the Land by sowing false tales they drave into discontentment Secondly that by the Counsell of the said Peter his Father King Iohn first lost the hearts of his people then Normandy then other lands and finally wasted all his treasure and almost England also and never after had quiet Thirdly that if the Subjects had now beene handled according to Justice and law not by their ungodly Counsels these present troubles had not hapned but the Kings lands had remained undestroyed his treasure unexhausted Fourthly that the Kings Councell is not the Councell of peace but of perturbation because they that cannot raise themselves by peace must raise themselves by the troubles dis-inherison of others Fifthly that they had the Treasure Castles Wardships and strength of the kingdome in their hands which they insolently abused to the great hazard of the whole estate for that they made no conscience of an Oath Law Justice or the Churches censures Therefore we O King speake of these things faithfully unto you in the presence of God and man and doe counsell beseech and admonish you to remove such a Councell from about you and as it is the usage in other Realmes governe yours by the faithfull and sworne children thereof To which the King in briefe answered That he could not suddainely put off his Councell and therefore prayed a short respite Nothing had hitherto preserved the King more Than that he could without griefe forgoe any favorites if he were nearely pressed the contrary quality whereof hath beene the cause of finall desolation to so many Princes For though choyce of Counsellers be for the most part free yet by common intendment they should be good or how ever they are or are not it is madnesse to hazard a Crowne or lose the love of a whole Nation rather than to relinquish or diminish a particular dependance for which the publique must not be hazarded nor subverted The King therefore in this point not infortunate commands Bishop Peter from his Court to keepe residence at his Cure without once medling in State affaires removes all his evill Counsellors deprives them of their Offices and puts good men in their places and commands all Poictovians and Foraine Forces to depart the Realme receives all his Nobles unto favour restoring them to their lost Offices Lands Castles admits them into his Court and Councell puts all his ill Counsellours and Delinquent Officers to their legall trials and fines And for Peter Rivales his Treasurer he was so incensed against him for his ill Counsell that he sware he would plucke out his eyes were it not for reverence of his holy Orders And at his Arraignment at Westminster the King sitting in person with his Justices upon the Bench and shooting Rivales through with an angry eye spake thus to him O thou Traytor by thy wicked advise I was drawne to set my Seale to those Treacherous Letters for the destruction of the Earle Marshall the contents whereof were to me unknowne and by thine and such like Counsell I banished my naturall Subjects and turned their mindes and hearts from me By thy bad counsell and thy complices I was moved to make warre upon them to my irreparable losse and the dishonour of my Realme in which enterprise I wasted my Treasure and lost many worthy persons together with much of my Royall respect Therefore I exact of thee an accompt and thou shalt be carryed to the Tower of London to deliberate till I am satisfied And thus were these civill warres and differences reconciled ill Counsellors removed enormities reformed Delinquents punished not without reducing store of coyne to the King and peace established in the kingdome Which History I have more largely recited because most of its passages are Parallel to the Kings and his evill Counsellors present proceedings on the one hand and to the Parliaments in some sort on the other hand in the premises and I doubt not but they will prove parallels in the conclusion to the terrour and just punishment of all ill counsellors Cavalieres and Delinquents the
against his well-liking caused him to ratifie them with his Seale and to take his corporall Oath to observe them Which done the Arch-bishop of Canterbury with his Suffragans solemnely denounced a sentence of excommunication against al 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 kingdom 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 as his Father had commanded should thrust al Strangers out of his Court and kingdome and remove ill Counsellours from him That he would thenceforth order all the affaires of the kingdome by the Counsel of the Clergy and Lords and begin no war nor depart any where out of the kingdome without common consent The King consented to the Articles and banished Piers into Ireland No sooner was the Parliament dissolved but the King neglecting his Fathers solemne adjurations together with his owne Oath never to reduce Piers sends for him back to his Court marrieth him to the Countesse of Glocester his owne sisters daughter sheweth him more favour then ever Resolving with himselfe to retaine this Gaveston mangre all his Earles Barons and for the love of him to put his Crowne and life in perill when time should serve In which whether the King or his Favourite shewed lesse discretion it is not at the first easily determined it being as unsafe for the one with so offensive behavior to affect immoderate shew and use of grace as for the other to the injury of his name and Realme to bestow the same But upon the Queenes complaint to the King of France her Brother of Piers his insolence and prodigality and on the Barons message to the King by common consent That he should banish Piers from his company and observe the effect of the foresaid Articles or else they would certainly rise up against him as a perjured person by a like vow which speech seemed hard to the King because he knew not how to want Piers but yet discerned that more danger would spring up if he obeyed not the Lords Petition Piers rather by the Kings permission then good liking did the third time abjure the Realme with this proviso that if at any time afterward he were taken in England he should be 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 kingdom and remove this Viper elected Tho. Earle of Lancaster for their Generall and sent honorable messengers to the King requesting him to deliver Piersinto their hands or drive him from his company out of England as being perswaded while that King-bane breathed peace could never be maintained in the Realme nor the King abound intreasure nor the Queene enjoy his love But the wilfull King would not condescend Whereupon the Lords thus contemned and deluded presently raise an Army and march with all speed towards Newcastle not to offer injury or molestation to the King writes Walsingham the case and purpose of the preâ—ent Parliaments Army but that they might apprehend Piers himselfe and judge him according to the Laws enacted Which when the King heard he fled together with Piers 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 carried to Warwick Castle where he had his head strucke off at the command and in the presence of the Earles of Lancaster 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 Favorite of the Kings Which bred a lasting hatred 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 wickedly killing Piers they stoutly answered That they had not offended in any point but deserved his royall favour for that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act of Pardon that no man should be questioned for Gavestons returne or death printed in old Magna Charta Not long after this unfortunate King doting upon the two Spencers as much as ever he did on Gavesâ—on to whom they succeeded not onely in pride rapine oppression and intolerable inâ—olencies 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 justice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with their forces at Shirborne Thomas of Lancaster being their Captaine they tooke an oath to prosecute their designe to the division of soule and body Then they spoyled these Spencers and their friends goods take their Castles by violence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law and equity and following the impetuousnesse of their minds they march on to Saint Albons with Ensignes displayed and sent solemne messengers to the King then at London commanding him not onely to rid his Court but kingdome too of the Traytors of the 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 indempnity 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 forepast or present transgressions 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 contemptuous Delinquents Whereupon running to their armes they marched up to London entred the City and to avoyd danger the King through the Queenes and others mediation condescended to their desires passing an Act for the Spencers banishment and the Barons indemnities which you may reade in ancient Magna Chartaes Upon 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 Spencers reversed the sentence against them as erroneous gathers an Army encounters and defeates the Barons and puts many of them to death by these Spencers procurements who not content with their bloud procured also
as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Iewels without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carried the Iewels Plate and Treasure of the kingdome over the Sea into Ireland to the great impoverishing of the Realme And all the good Records for the Common-wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the Realme and profit of the King the said King so menaced them with sore threatnings that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Princes hands and at his disposing Item He craftily devised certaine privie Oathes contrary to the Law and caused divers of his Subjects first to be sworne to observe the same and after bound them in bonds for the firmer keeping of the same to the great undoing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times let wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth by the same Parliament which continued notwithstanding Richards deposition who summoned it was created King who in the first Parliament of his Raigne reversed and annulled as illegall the Parliament of 21 Richard 2. with all its Acts Circumstances and dependants and revived that of 11 Richard 2. in all points as made for the great honour and common profit of this Realme To these I might adde the Rebellious insurrections of Richard Scroope Arch-bishop of Yorke the Earle of Northumberland and their Complices against King Henry the fourth Anno 1405. to reforme the State and government relieve the Church and Common-weale and Depose King Henry in and by a forced Parliament The insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forests and other immunities of Church and Common-wealth which they would force him to confirme the severall insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vâ—lgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new onâ—es of their nomination to ratifie what propositions they required and subvert the government of the Realme with the severall Rebellions of the Popish Lincolneshire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the eighth his raigne Of the Cornish men Norfolke men Kent and others in Edward the sixth his Rule of the Popish Earles of Northumberland Westmorland and other Northerne Papists in Queene Elizabeths dayes by force of Armes to compell these severall Princes to summon Parliaments to repâ—ale all Lawes against Masse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demanded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both Houses representing the whole kingdome and against the generall consent of the people But I shall conclude with one ancient precedent more in one of our best Kings reignes In 25 E. 1. The Lords and Commons in Parliament grievoâ—sly complained and Petitioned to the Kingâ—against divers taxes tallages and prisages wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forest the imposition upon Wools and their summons to goe with him into Flanders to which they were not bound by Law The king excusing these taxes by reason of his necessity to maintaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barons of the Eschequer not to â—evie the eighth penny of the people granted to the King at Saint Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the king should confirme Magna Charta and Charta de Foresta with the other Articles to them annexed that he should exact and take â—o â—o aides taxe or tallage from the Clergy or Commons without their commoâ— consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeare of all those who should transgresse this Charter of his For which the Laity gave him the ninth and the Clergy the tenth penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his reign after some delaies he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-summoning them at quindena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to three Bishops three Earles and three Barons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope hereupon the king holding a Parliament at Stamford the 29. of his reigne the Lords and Barons repaired thither with great store of horses and Arms with a purpose to extort a full execution of the Charter of the Forests hitherto deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixthly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull summons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publike affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great Councels of Basil Constans and divers Popish Writers that a generall Councell once lawfully summoned by the Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution these Councels continued together and deposed sundry Popes notwithstanding
Conquest tendered to and approved by the Conquerour himselfe newly Printed 1641. which in the Section Touching the Kings absence from Parliament resolves thus The King is BOUND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily sicknesse and then he may keepe his Chamber yet so as he lye not without the Manour or Towne at the least where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two Earles two Barons two Knights of the shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and give Authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name See 8 H. 5. c. 1. Cromptons Iurisdiction f. 13. a. 17. b. according herewith expresse mention being made in that Commission of the cause of his absence there which ought to suffice The reason is because there was wâ—nt to be a cry and murmure in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole commonalty of the Parliament neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID And whereas Malignants clamour that most of the Lords are absent as well as the King and therefore this can be no lawfull Parliament The same Authour will informe them That if the Lords be once summoned to Parliament and then appeare not or absent themselves the King may hold the Parliament with the Commonalty and Commons of the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in England because he represents a whole County Towne or City the other himselfe alone without Bishops Earles or Barons because in times past before there was either Bishop Earle or Baron yet even then Kings kept their Parliaments but on the contrary no Parliament can be kept by the King and Peeres if all the Commons for the Kings misgovernment or such like cause should absent themselves This is the judgement of Master Iohn Vowel too who writes in this manner Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld to any thing then the Kings with the consent of his Commons may ordaine and establish any acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents But on the contrary If the Commons be summoned and will not come or comming will not appeare or appearing will not consent to doe any thing illedging some just weighty and great cause the King in these cases cannot with his Lords devise make or establish any Law The reasons are these When Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament and the temporall Lords were very few or none and then the King and his Commons did make a full Parliament which Authority was never hitherto abridged Againe every Baron in Parliament doth represent but his owne person and speaketh in the behalfe of himselfe alone But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme and every of these giveth not consent onely for himselfe but for all those also for whom be is sent And the King with the consent of his Commons had ever a sufficient and full authority to make ordaine and establish good and wholesome Lawes for the Commonwealth of his Realme Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament cannot by their folly abridge the King and the Gommons of their lawfull proccedings in Parliament Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament Printed Cum Privilegio And Sir Edward Cooke in his Institutes on Magna Charta proves that the Lords and Peeres in many Charters and Acts are included under the name of the Commons and Commonalty of England But we need not retire to this last doubtfull refuge the Honourable faithfull Lords now present though not so many as could be desired are the intire House of Peeres in judgement of Law as those present at the election of Knights of the Shire or Burgesses though the major part be negligently or wilfully absent are the whole Shire or Burrough and the wilfull absence of the residue though the greater number being contrary to Law contrary to the Priviledges of Parliament and their late Protestations tending to the very subversion of Parliaments for which high contempt they and their Posterities too may justly be disabled for ever to sit as members of that House which they have so dishonourably if not treacherously deserted even as well as Knights and Burgesses whose personall attendance is so necessary that if during the Parliament they absent themselves from it about any businesses of their owne without leave of the House or be so sicke or elected Mayors of a Towne or any other judiciall Officers so as they cannot attend the service of the House they may thereupon be lawfully expelled the House and a new Writ expressing the cause of their removall shall issue for a new election of others in their places to make the House compleat as was resolved by the Commons House 38 H. 8. Br. Parliament 7. can no more disable those now present from being a true and lawfull House of Peeres than the multitudes departing from the true Church of God to the faâ—se disprove it to be the true Church of Christ whose true flocke is but little In a word divers Parliaments have beene kept and held and Acts made without Bishops or Abbots heretofore even while they were reputed members of the Lords House and one of the three Estates in Parliament therefore this Parliament which hath taken away Bishops Votes for ever may be lawfully held notwithstanding any Lords or Commons wilfull absence from it in person who yet as long as they are members of the Parliament shall still be adjudged legally present whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be negligently or wilfully absent Much more then may the Lords and Commons now present doe the like in case of the Kings and other Members wilfull absence of purpose to ruine both Parliament and Kingdome against which they are now in armes and have levyed open warre Sixthly it is most apparent both by Scripture the verdict of all Politicians and writers of note the Statutes of our Realmes and Lawyers that kingdomes Subjects and Parliaments were not created by God for the
wils pleasures profit or benefit of Kings who by birth and nature differ not at all from the meanest of their Subjects but Kings were at first constituted and still continued for the protection welfare benefit service of their kingdomes Parliaments People whose publicke Servants Ministers Shepherds Fathers Stewards and Officers they are Now Nature Reason and Scriptures resolve that he who is instituted meerely for the benefit and service of another as all the Creatures were created for mans use and therefore are inferiour unto man in dignity and power is of lesse dignity power and jurisdiction than the intire body of those for whose good he was instituted as the servant is inferiour to his Master the Wife to her Husband for whom they were created the Mayor to the whole Corporation and the King to his whole Kingdome and Parliament which consideration hath caused sundry Kings and Emperours not onely to adventure their lives in bloody battles but to lay downe their Crownes for the peace and safety of their Subjects witnesse Otho the first and others with the Examples of Moses Exod. 32. 9. to 15 32. Numb 14. 11 to 15. of David 2 Sam. 29. 17. 1 Chron. 21. 17. and Iohn 10. 11. 15. with other precedents which I pretermit And the reason is apparent for if the King be slaine in defence of the kingdome or People yet the kingdome and people may remaine secure and another succeed him in that office of trust In which respect a Politique body differs from a Naturall that it hath life continuance and meanes to guide defend and Order it selfe though the King and head be cut off by death But if the Realme and People be destroyed though the King survive them as a Man yet he must necessarily perish in and with them as a King since he cannot possibly be a King without a kingdome and people for whose good and safety alone he was made a King Hence Aristotle Polit. l. 3. c. 4. and Marius Salamonius de Principatu l. 2. p. 50. define a Principality to be A just Government for the benefit of the people respecting onely the publique good and welfare not its owne private advantage Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Common-wealth That as he is a Prince he neither mindes nor commands what is advantagious to himselfe but what is beneficiall to his Subjects and whatever he saith or doth he saith and doth it for the profit and honour of the Republicke which Cicero in his Offices hath more elegantly thus translated As the defence so the procuration of the Common-weale is to be managed to be benefit of those who are committed not of those to whom it is committed And de Finibus l. 3. A good and wise man not ignorant of his civill Office is more carefull of the utility of all than of any one or of his owne Neither is a Traytor to his Country to be more dispraised than a deserter of the common profit and safety for his owne profit and safety And the Emperour Iustinian used this golden sentence Quod communiter omnibus prodest hoc privatae nostrae utilitati praeferendum esse censemus nostrum esse proprium subjectorum commodum Imperialiter existimantes Imperialis benevolentiae hoc esse judicantes in omni tempore Subjectorum commodatam investigare quam eis mederi procuremus I shall conclude this with Salamonius his words Let the Prince be either from God or from men yet think not that the world was created by God and in it men that they should serve for the benefit of Princes for it is an absurdity above what can be spoken to opine that men were made for Princes since God hath made us free and equall But Princes were ordained ONELY FOR THEIR PEOPLES BENEFIT that so they might innocently preserve humane and civill societie with greater facility helping one the other with mutuall benefits Which he there largely proves by sundry Histories and Authorities That of Peter Matthew being a certaine verity All the Actions of a Prince must tend to the good and health of his people for whom he lives and more than for himselfe as the Sun doth not shine and give heat but for men and the elements The King then being made King onely for the Kingdomes Parliaments Peoples service must needs in this regard be inferiour to not Paramount them in absolute Soveraigne power though greater better than any particular Subjects Seventhly The Parliament as our Law-bookes and Writers resolve is the most high and absolute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and among other Priviledges this is the highest that it is above the Law it selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people Yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and Iudgements whatsoever of the King or any other Courts of Iustice if they be erroneous or illegall not onely without but against the Kings personall consent so farre as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realme vested in his person that he and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power alter the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever nor impose the least taxe or common charge upon his people nor imprison their persons distraine their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potest as sua Iuris est non injuriae Nihil aliud potest Rex in terris nisi ID SOLUM QUOD DE JURE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King Iohn Bodin that great Lawyer and Politician resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes to all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince he bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as Bracton and others forecited say our English King hath namely his Earles and Lords thence stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or
of Yorke to shew and make report unto the Lords of the Parliament of his voluntary Resignation and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster to have him his Successour and King after him And this done every man took their leave and returned to their own Upon the morrow following being Tuesday and the last day of September all the Lords Spirituall and Temporall with also the Commons of the said Parliament assembled at Westminster where in the presence of them the Archbishop of Yorke according to the Kings desire shewed unto them seriously the voluntary Renouncing of the King with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour And over that shewed unto them the Scedule or Bill of Renouncement signed with King Richards hand After which things in order by him finished the question was asked first of the Lords If they would admit and allow that Renouncement The which when it was of the Lords granted and confirmed the like question was asked of the Commons and of them in like manner affirmed After which admission it was then declared That notwithstanding the foresaid renouncing so by the Lords and Commons admâ—tted it were needfull unto the Realme in avoiding of all suspicions and surmises of evill disposed persons to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England to the end that they might be first openly shewed to the people and after to remain of Record among the Kings Records The which were drawn and compiled as before is said in 38. Articles and there shewed readie to be read but for other causes then more needfull to be preferred the reading of the said Articles at that season were deferred and put off Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall they there appointed by authority of the States of the said Parliament the Bishop of Saint Asse the Abbot of Glastenbury the Earle of Glocester the Lord of Barkley William Thyrning Justice and Thomas Erpingham and Thomas Gray Knights that they should give and beare open sentence to the Kings deposition whereupon the said Commissioners laying there their heads together by good deliberation good counsell and advisement and of one assent agreed among them that the Bishop of Saint Asse should publish the sentence for them and in their names as followeth In the Name of God Amen We John Bishop of Saint Asse or Assenence John Abbot of Glastenbury Richard Earle of Glocester Thomas Lord of Barkley William Thyrning Iustice Thomas Erpingham and Thomas Gray Knights chosen and deputed speciall Commissaries by the three Estates of this present Parliament representing the whole body of the Realme for all such matters by the said Estates to us committed We understanding and considering the manifold crimes hurts and harmes done by Richard King of England and misgovernance of the same by a long time to the great decay of the said Land and utter ruine of the same shortly to have been ne had the speciall grace of our Lord God thereunto put the sooner remedie and also furthermore adverting the said King Kichard knowing his own insufficiency hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land with all Rights and Honours unto the same belonging and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYALL We the Premisses well considering by good and diligent deliberation by the POWER NAME AND AUTHORITIE TO US AS ABOUE IS SAID COMMITTED PRONOUNCE DISCERNE AND DECLARE the same King Richard before this to have beene and to be unprofitable unable unsufficient and unworthy to the rule and governance of the foresaid Realms Lordships and all other Appâ—rtenances to the same belonging and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KINGLY DIGNITIE AND WORSHIP AND OF ANY KINGLY WORSHIP IN HIMSELFE AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE forbiding expresly to all Archbishops Bishops and all other Prelates Dukes Marquesses Earles Barons and Knights and to all other men of the aforesaid Kingdom and Lordships or of other places belonging to the same Realmes and Lordships Subjects and Lieges whatsoever they be that none of them from this time forward to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships be neither obedient nor attendant After which sentence thus openly declared the said Estates admitted forthwith the same persons for their Procurators to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times and for to shew unto him if need were all things before done that concerned his deposing The which resignation aâ— that time was spared and put in respite till the morrow next following And anon as this sentence was in this wise passed and that by reason thereof the Realme stood void without Head or Governour for the time the said Duke of Lancaster rising from the place where he before sate and standing where all might behold him he meekly making the signe of the Crosse upon his forehead and upon his breast after silence by an Officer was commanded said unto the people there being these words following In the name of the Father Sonne and holy Ghost I Henry of Lancaster claime the Realme of England and the Crowne with all the appurtenances as I that am descended by right line of the blood comming from that good Lord King Henry the third and through the right that God of his grace hath sent to me with the helpe of my kiâ—â—e and of my friends to recover the same which was in point to be undone for default of good Governance and due Iustice. After which words thus by him uttered he returned set him down in the place where he before had sitten Then the Lords perceiving and hearing this claim thus made by this noble man either of them frained of other what he thought and after a distance or pause of time the Archbishop of Canterbury having notice of the Lords minde stood up and asked the Commons if they would ASSENT TO THE LORDS WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm and of them all Whereunto they cryed with one voice YEA YEA YEA After which answer the said Archbishop going to the Duke and setting him upon his knee had unto him a few words the which ended he rose and taking the Duke by the right hand led him unto the Kings seat and with great reverence set him therein after a certaine Kneeling and Orison made by the said Duke eâ—e he were therein set And when the King
declinat ad injuriam Dicitur enim Rex à bene regendo non à regnando quia Rex est dum bene regit Tyrannus dum populum sibi creditum violenta opprimit dominatione Temperet igitur potentiam suam per legem quae fraenum est potentiae quod secundum leges vivat quia hoc sanxit Lex humana quod leges suum ligent latorem alibi in eadem Digna vox Majestate regnantis est legibus alligatum se Principem profiteri Item nihil tam proprium est imperii quam legibus vivere Et majus imperio est legibus submittere principatum merito debet retribuere legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Item cum non semper oporteat Regem esse armatum armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. tâ— 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need feare this Supream prerogative power of Parliaments which hath laine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists attribute farre more divine authority and Soveraigne Iurisdiction over Emperours Kings Princes Kingdomes Subjects to the Pope their Lord and God whom they make the Supreame Monarch of the World and all kingdomes in it and give him greater authority to summon ratify and dissolve generall Councels then ever any Christian King or Emperour challenged or usurped yet those who maintaine these Paradoxes of the Popes Supremacy confesse that a Generall Councell is above the Pope and may upon just cause though they all plead his Soveraignety to be jure divino and his person most sacred terming him his Holinesse in the abstract not onely convent and censure the Pope for his misdemeanâ—urs but likewise actually depose him and set up another in his stead as the Councels of Pisa Constans Basil which deposed foure Popes namely Gregory the 12. Benedict the 13. Iohn the 23. and Eugenius the fourth the Councell of Chalcedon against Pope Leo the Councell of Sinuessa against Pope Marcellinus the sixth seventh and eighth generall Councels against Honorius the Councels of Wormes and Brixia against Hildebrand the Councell of Pisa summoned An. 1511. of purpose to depose Pope Iulius for his perjury experimentally manifest and sundry popish Writers acknowledge Now the Councell of Basil as I shewed before defined That the whole Kingdome or Parliament hath as great power over their Kings as a Councell hath over the Pope Therefore by Papists verdicts they are above the King in point of Soveraigne power as a Councell is above the Pope which Iohn Mariana de Rege Regis Instit. l. 1. c. 3. to 10. professedly proves at large 12. That Court which may lawfully censure question depose banish execute the Kings greatest Favorites Officers Judges yea Lord Protectors themselves the highest Peeres of the realme notwithstanding such are said to be Gods Ordained of God Gods Ministers To decree iudgement by God to be the higher powers c. in Scripture as well as Kings and that not onely with but against the Kings good will must questionlesse be the highest power and jurisdiction in the realme else the Kings and their Authorities might protect them against its Justice But the Parliament may lawfully censure question depose banish execute all or any of these not onely without but against the Kings consent witnesse the proceedings in Parliament against Willam Longchamp Bishop of Ely Chiefe Justitiar Lord Chancellor and Vice-roy of England in Richard the first his reigne during his absence in the Holy Land from which offices he was by the Peeres and Commons deposed for his misdemeanour and oppressions Pierce Gaveston and the two Hugh Spencers in Edward the seconds reigne of banished by Parliament and violently put to death though the Kings highest Officers and darling Minions Michael De la pole with other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peeres in Parliament together with Treâ—ilian Belknap and their fellow Judges who misadvised him in point of Law Humphrey Duke of Glocester protector to king Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered Cardinall Wolsey that powerfull favourite to king Henry the eight accused and put from his Chancellorship and other Offices by the Parliament The Duke of Sommerset Lord protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Deputy of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our stories and records Nay Queenes themselves have undergone the censures of Parliament of which we have sundry precedents in king Henry the eight his reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants and of the extraordinary traine and expences of the Kings owne Court and gifts for which I finde these following Presidents with others collected by Mr. William Noy himselfe as is reported his Majesties late Atturney Generall An. 1634. in a Manuscript entituled A Declaration c. passing under his name Anno 3 Ed. 3. the houshould was reformed by the petition of the people An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown in and by Parliament Anno. 5 6 R. 2. the Commons petition was that the excessive number of the Kings meniall servants may be remedied or else the realme would be utterly undone and that his houshould might not exceed the ordinary revenue of the realme Anno 4 H 4. the people crave a reformation of the Kings house Anno 7. that he would dismisse some number of the retinue since it was now more chargeable and lesse honourable then his progenitors and that the ancient Ordinances of the houshold in â—ase of the people might be kept and the Officers of the houshold sworne to put the Ordinances and Statutes in due execution and to consider the griefes of his Subjects by unjust purveyance contrary to the Statute that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEOPLE Which the King willingly doth as appeareth by an Ordinance in Counsell whereby the charge of the houshold is limited to 16000. markes Anno 12 18 H. 6. the charge of the Kings house is reduced to a certainty lessened by petition and order in Parliament Anno 12 E 4.
frequently disposed of the Crowne of that Kingdome determined the controversies of the right and titles pretended to it and elected Protectors or Regents of the Realme during their Kings minorities or distractions of which I shall cite divers precedents in the Appendix to which I shall referre you Nor yet to trouble you with Spanish Precedents of this nature where the severall claimes and titles of the pretenders to the Crownes have beene oft referred to debated in and finally resolved by their Parliaments and generall assemblies of the States the proper Iudges of such controversies as Ioannes Mariana Euardus Nonius and other Spanish writers determined as Philip the second the 18. King of Portugall his title to that Crowne and his competitors together with the rights and claimes of Alfonso the 1. 3. 5. Iohn the 1. Emanuel and other Kings of Portugall and their Corivals were solemnly debated and determined in the assembly of the States of that Realme and of divers Kings and Queenes of Arragon Castile Navarre A pregnant argument that their assemblies of States are the soveraigne Tribunall since they have power and right to determine and settle the descent right and succession of the Crowne betweene those who pretend titles thereunto I shall confine my selfe to domesticke precedents Not to repeate the forementioned precedents how the Lords and commons when the Title to the Crowne hath been 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 competitors 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 Kingdome Lords and Commons then disposed of the Crowne in cases of minority want of Heires misgovernment and controversies about the Title to the Crowne Canutus after the death of King Edmund Anno 1017. clayming the whole Realme against Edmunds Brethren and Sonnes referred his Title upon the agreement made betweene Edmund and him for this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of fealty to him Offering to defend his right with their swords against all others claimes After his decease the 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 Oxford who gave their voyces to Harold there present and presently proclaymed 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 Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harold◠death enacted by Parliament That none of the Danish blood should any more Reigne over them was elected King and declared right Heire to the Crowne Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to succeed 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 her As much as in them lay after King Henries death if hee died without issue male to establish her Queene of the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill wars to the devastation of the Realme King Stephen and Henry the Sonne of Maude came to a Treaty at Wallingford where by the advise of the Lords they made this accord That Stephen if he would should peaceably hold the kingdome during his life and that Henry should be his adopted Sonne and Successor enjoy the Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should sweare that Henry after the Kings death if he survived him should possesse the Kingdome without any contradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parliament 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. of E. 3. there was a doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should inherit lands in England The King to cleare all doubts and ambiguities in this case and to have the Law herein reduced to certainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliament in the 25. yeare of his Raigne to deliberate 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 of 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 speciall Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a Parliament 1◠E. 3. this Kings eldest sonne was created Duke of Cornewall by Parliament which then also entailed the Dutchy of Cornewall upon the eldest sonnes 〈…〉 of England So 21. R. 2. c. 9. the Principality of Chester 〈…〉 on the Prince by Act of Parliament King Henry the 〈…〉 the inheritance of the Crownes and 〈…〉 his posterity caused them by a speciall 〈…〉 his raigne to be entailed and setled on 〈…〉 and Prince Henry his eldest sonne to be established 〈…〉 heire apparant to him and to succeed him in the said 〈◊〉 and Realmes to have them with their appurtenances after the Kings death to him and the heire◠of his body begotten And if hee should die without heire of his body begotten 〈…〉 remaine to the Lord Thomas the Kings second sonne with successive remainders to Lord John the third and Lord Humfry the Kings fourth sonne and the heires of their bodies begotten After which Act passed for the avoyding of 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 be plenteously served of all things necessary both for viande and apparell and if any persons should presume to reare warre or congregate a multitude to deliver him out of prison that then he should be the first that should die for that seditious commotion Which King Richard as Sir Iohn Bagot
as I am confident no age can Paralell and if not severely vindicated by exemplary punishments of the highest nature upon those ill Counsellors and corrupt Lawyers who contrive and pen them will bring this highest greatest and most honourable Court wherein the whole Kingdom and every Member of it are represented into greater contempt and lesse estimation with all men whether Natives or Forraigners then the basest Court of Pipouders is No King nor Subject ever yet attempted such affronts against the Resolutions of any Judges in inferiour Courts Let no person whatsoever then presume by pen or tongue any longer to arraign or traduce the Resolutions and Ordinances of this highest Tribunall If Kings or Counsellors of State will instruct or excite the Subjects peremptorily to disobey and contemne the Ordinances the Judgements of the Parliament let them never expect the least obedience or submission to any of their own commands which are of lesser credit and Authority which all former Ages have most reverenced and submitted to Fourthly That the Parliament and whole Kingdom being the highest Power or any Member of the Parliament cannot by any publike Acts or Votes of theirs consented to in Parliament become Traytors or guilty of high Treason against the King either by the Common Law or the Statute of 25 Edw. 3. chap 2. of Treasons which running in the singular number If A MAN c. That is any private man or men by their own private authority shall levy warre against the King c. it ought to be judged high Treason extends not to the whole Kingdom or Court of Parliament representing it of which no treason was ever yet presumed the rather because the Parliament by this very act is made the Iudge of all Treasons that are doubtfull and was never yet included within the words or meaning of any Law concerning Treason and therefore cannot be guilty of it Hence the depositions of Archigallo and Emerian two ancient British Kings by the unanimous assent of the Lords and Commons for their rapines oppressions and Tyranny with other forenamed Saxon Kings and of Edward the second Richard the second Henry the sixth Edward the fourth by Acts of Parliament the creating of Richard the third King with the frequent translations of the Crown from the right Heir at Common Law to others who had no good Title by the whole Kingdom or Parliament no lesse then high Treason in private persons was never yet reputed much lesse questioned for or adjudged high Treason in the whole Kingdom or Parliament or any chief active Members in those Parliaments which by the Law are uncapable of Treason for any their judiciall actions and resolutions in such cases being only Tortious and Erroneous reversible by other Acts in Parliament not Trayterous and Rebellious as appears by all the forequoted Statutes and by 13 Eliz. cha 1. which makes it high Treason for any person to affirm That the Queen by Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force to alter limit and binde the Crown of this Realm and the Descent Limitation Inheritance and Government thereof and any mans Title or right thereto And for direct Authorities in this very point Robert Trisylian and Belknap then chief Justices Holt Fulthorp and Burgh Judges Locton King Sergeant and Blake the Kings Counsell in the Parliament of 11 Rich. 2. Were condemned executed and banished the Realm as guilty of high Treason only for affirming under their Hands and Seals That the Duke of Glocester the Earls of Arundel and Warwick were and the other Lords and Commons might be guilty of high Treason for procuring a Commission and other proceedings Voted in Parliament and be punished it as Traytors Which opinion of theirs being afterwards affirmed for Law in a packed Parliament 21 Rich. 1. was the very next Parliament in 1 Hen. 4. c. 2. 3 4. repealed and the judgement given against those Judges for this Trayterous opinion tending to the utter subversion of Parliaments resolved and enacted to be just This Iudge Belknap foresaw and therefore was unwilling to put his Seal to this opinion saying There wanted but a hurdle a horse and halter to carry him where he might suffer the death HE HAD DESERVED For if I had not done this I should have dyed for it and because I have done it I DESERVE DEATH for betraying the Lords Which makes me wonder at a passage in Speed who records it now frequent in Malignants mouthes That the very shop where the Barons originall Treasons were forged was THE PARLIAMENT-HOUSE wherein from time to time they forced on the King Edward the second presumptuous and TREASONOUS ORDINATIONS not only to reform the Kings House and Counsell and to place and displace all great Officers at their pleasure but even claimed a joynt interest in the Regiment of the Kingdom together with the King which William Iâ—ge a Iudge of the Common Law with other like sticklers trayterously perswaded them was according to Law Which grosse slander of the Parliament House would have been capitall at least in former ages and may now indanger the necks of those who speak or write the same of the present Parliament Never did any of our Kings charge any Parliament with high Treason hitherto much lesse indict or wage warre against their Parliaments as Traytors though they have questioned and deposed Kings for offences against and being Enemies or Traytors to the Kingdom Let none then dare affirm That the Houses of Parliament are or can be Traytors now for providing for their own and the Kingdoms safety by a necessary defensive Warre which I shall in the third part fully clear to be neither Treason nor Rebellion against the King in point of Law or Conscience either in the Houses of Parliament or any that bear Arms by their command Fifthly That to conspire or levy warre against the Parliament or Kingdom to dissolve or destroy it or the Members of it is no lesse then High Treason as hath been solemnly adjudged in Parliament 15 E. 2. in the Act entitled Exilium Hugonis le de Spenser in 1 E. 3. the Preface and cap. 1. in 11 Rich. 2. c. 2 3 4. and in the Parliament Roll Printed by Order of both Houses August 27. 1642. And before both these in Glanvil who declares it to be Treason even at the Common Law Si quis machinatus fuerit vel aliquid feoerit in SEDITIONEM REGNI Agreeable to Vlpian and the Saxon Laws which inform us of Treasons against the Common-wealth and Kingdom the case of Cateliâ—â— and others as well as against the King and to the Statute of 13. Eliz. c. 1. which makes it High Treason for any person to stirre up any Forraigners or strangers with force to invade this Realm or Ireland And if it be no lesse then high Treason against the King to slay the Chancellour Treasurer or any of
by the Free-holders and put in their roomes divers of his owne Minions subverting the Law contrary to his Oath and honour In the yeare 1261. The Barons by vertue of an Ordinance of Parliament made at Oxford in the 45 yeare of Henry the third admitted and made Sheriffes of divers Counties in England and named them Guardians and Keepers of those Counties and discharged them whom the King had before admitted After which great tumults and seditions arose throughout the Counties of England about the Sheriffes for the King making new Sheriffes in every County and removing with regall indignation those to whom the custody of the Counties was committed by the Barons and Commons of the Land the Inhabitants of the Counties animated with the assâ—stance and ayded with the Counsell of some great men of the Realme by whom they were instructed with great sagacity Novos râ—pulere viriliter Vicecomites manfully repulsed the new Sheriffes Neither would they answer regard or obey them in any thing Whereat the King being grievously troubled in mind to gaine the peoples devotion fidelity directed his Letters to all the Inhabitants of the several Counties of England moving to piety tending to regaine the Subjects love Wherupon great discord increased betweene the King and his Barons who comming to London with great forces the King finding himselfe too weak ended the matter for the present with a fained Accommodation which soone after was infringed by him and so Conquievit tandem per internuncios ipsa perturbatio SUB SPE PACIS reformandae sine strepitâ—â— guerrae quorundum Procerum ad hoc electorum considerationibus parte utraque concorditer inclinata Sicque Baronum omnis labor atque omne studium praecogitatum diu QUORUNDAM ut putabatur ASTUTIA INTERMIXTA cassatum est ad hoc tempus emarcuit quia semper nocuit differre paratis writes Matthew Westminster Notwithstanding these contests the people still enjoyed the right of electin Sheriffes which is evident by the Statute of Articuli super Chartas in the 28. yeare of King Edward the first c. 8. The King granteth to the people not by way of grace but of Right that they shall have election of their Sheriffe IN EVERY SHIRE where the Shrevalty is not of Fee IF THEY LIST and chap. 13. For as much as the King hath granted the election of the Sheriffes to the COMMONS of the Shire the King will that THEY SHALL CHUSE such Sheriffes that shall not charge them c. And Sir Edward Cooke in his Commentary on Magna Charta f. 174 175. 558 559. 566. proves at large the right of electing Sheriffes to be antiently of late and at this day in many places in the Free-holders and people as in London York Bristoll Glocester Norwich in all great Cities which are Counties and in Middlesex Seeing then the Parliament and Free-holders in antient times had a just right to elect their Generals Captaines Sheriffes who had the sole power of the Militia and Counties in their hands next under the King himselfe and there is no negative Law in being that I can find to exclude them from this power I humbly conceive that their setling the Militia by an Ordinance of Both Houses and electing of Commanders Lieutenants Captaines in each County to execute it and defend the Counties from plundering and destruction without his Majesties consent especially after his refusall to settle it by an Act can be no incroachment at all upon his Prerogative Royall but only a reviving and exercising of the old undoubted rightfull power enjoyed by their Predecessors now necessary to be resumed by them in these times of feare and danger for the kingdomes safety Fifthly The Mayors Bayliffes Sheriffes chiefe Officers of Cities and Townes corporate throughoutâ— the Realme who under the King have the principall command of those Cities Townes Ports and in many places of the Militia and Trained Bands within them are alwayes chosen by the Corporations and Freemen not the King without any derogation to or usurpation on his Prerogative Why then may not those Corporations yea each County too by the like reason and the Parliament which represents them and the whole kingdome without any prejudice or dishonour to his Majesties Authority by an Ordinance of both Houses of Parliament without the King dispose of the Militia and these Military Officers for the defence of those Corporations and the Realme too now in times of such apparent danger Sixthly all Military affaires of the kingdome heretofore have usually even of right for their originall determining counselling ann disposing part 〈◊〉 Ordered by the Parliament the executive or ministeriall part onely by the King and so hath beene the use in most other kingdomes To instance in particulars First the denouncing of warre against Foraine enemies hath beene usually concluded and resolved on by the Parliament before it was proclaimed by the King as our Records of Parliament and Histories of warres in the Holy-Land Frâ—â—ce Scotland Ireland abundantly evidence King Henry the fifth by the advise of his Prelates Lords and Commons in Parliament and at their encitement twice denounced and undertooke his victorious warre against France to which Crowne he then laid claime for which end they granted him Subsidies King Edward the 1. in the 21 yeare of his Reigne calling a Parliament at London de Concilio Praelatorum Procerum c. by the advise of his Prelates Lords and Parliament denounced war against the King of France to recover his right and lands there seised Which to effect both the Clergy and Laity granted him large Subsidies In the fifth yeare of King Edward the third the warre against Scotland was concluded and resolved on in and by the Parliament all the Nobles and Commons of England telling the King they would gladly and willingly assist and goe with him in that expedition which they vigorously prosecuted Before this Anno 1227. A peace as well as war was conecâ—uded with the Scots in and by a Parliament at Northampton Anno 1242. King Henry the third summoning a Parliament and demanding ayd of his Subjects to assist him in his warre against the King of France to recover his rights there they gave him a resolute answer that they would grant him no ayde and that he should make no war with France till the Truce were expired which Matthew Paris thus further expresseth The Nobles answered him with great bitternesse of heart that he had conceived this warre and vnyage into France without their advise Et talia effrons impudenter postularat exagitans depauperans fideles suos tam frequenter traâ—ens exactiones in consequentiam quasi a servis ultimae conditionis tantam pecuniam toties extorsit inutiliter dispensandam Contradixerunt igitur Regi in faciem nolentes amplius sic pecunia sua frustratorie spoliari The King hereupon put them off till the next day Romanorum usus vertutis fallaciis and then they should heare his
minde concerning this and other matters The next day he cals them one by one into his privy Chamber Now one then another like a Priest calling penitents to confession and thus those whom he could not all together overcome weakned by being every one apart hee endeavoured more cunningly to enervate with his words and demanding a pecuniary ayde of them he said See what this Abbot hath granted me towards my aide behold what another hath subscribed producing a fained Roll that such and such an Abbot or Peere had subscribed such a summe when in truth not one of them had consented to it neither came it into their thoughts The King therefore with such false copies and ensnaring words cunningly inveagled many Notwithstanding most stood out and would by no meanes recede from the common answer which they had sworne not to recede from under paine of an Anathema To whom the King answered in anger Shall I be perjured I have sworne with an inviolable oath that passing over sea I will with a stretched out arme demand my rights of the King of France which I cannot doe without store of Treasure which must proceed from your liberality else I can by no meanes doe it Neither yet with these or other words could hee entrap any albeit he called every man single to conferre with After this he againe called others which were more familiar with him and so talking to them said What a pernitious example give you to others you who are Earles Barons and valiant Souldiers ought not to tremble as others to wit Prelates of the Church doe You ought to be more covetous to demaund the Kings rights and valiantly to fight against those who wrong me c. with what face then can you relinquish me poore and desolate now being your Lord in such a weighty businesse which concernes the Common-wealth when I am bound by promises to passe the Seas which I ratified with an oath Which when it came to the knowledge of all they answered We admire beyond all that can be spoken into what bottomlesse pit the innumerable summes of money are sunke which thou Lord King hast cunningly gained by divers wardships of great men by various escheates frequent extortions as well from Churches voyd of a Pastour as from the lands of Noblemen free granted Donatives engendring amazement in the hearts of the hearers all which have never brought so much as the least increase to the kingdome Moreover all the Nobles of England doe overmuch admire QUOD SINE EORUM CONSILIO ET CONSENSU that without their counsell or consent you haue undertaken so difficult and perilous a businesse giving credit to those who want faith and contemning the favour of thy naturall Subjects exposest thy selfe to cases of so doubtfull fortune thou dishonestly and impudently not without just perill of thy Soule and wounding of thy Fame breakest the Articles of the truce betweene the King of France and thee which thou hast sworn upon thy Soule indissolubly and unviolably to keepe for three yeares space c. The King hearing these things was exceeding angry swearing by all the Saints that he would be revoked by no terrour nor perswaded by any circumstances of words to retard his begun purpose and taking ship on Quindena Paschae would undauntedly try the fortune of Warre in Foraine parts And so the Parliament dissolving in discontent and secret heart-burning on both sides the Lords and Barons for a perpetuall memory of their Heroicke Answer returned to the King set it downe in a notable Remonstrance too large to transcribe which you may reade in Matthew Paris After this in the yeare 1248. this King summoned a generall Parliament at London wherein hee demaunded an ayde from his Lords and Commons to recover his Right in France who instead of granting it informed him very roundly and fully of his unkingly and base oppressions both of his Subjects and strangers to his owne and the kingdomes dishonour and of his tyranny and rapines At which the King being confounded and ashamed in himselfe promised a serious and speedy Reformation Which because they thought to be but feigned he answered they should shortly see it Whereupon they replyed they would patiently expect it till fifteene dayes after St. Iohn Baptist adjourning the House till then But the King seduced hardned and much exasperated by his bad Counsellers and Courtiers giving then a very high displeasing answer to their demands they all unanimously answered that they would no more unprofitably impoverish themselves to enrich and strengthen the King and kingdomes Enemies and that he had precipitately and indiscreetly and WITHOUT THEIR CONSENT hastned into Poictiers and Gascoygne and engaged himselfe in that warre whence he returned ingloriously with losse of his honour and treasure to his great reproach And so this Parliament dissolving with discontent the King grew very angry with his ill Counsellors for putting him upon these courses which lost the hearts of his Nobles and people who to pacifie his anger and supply his wants advised him to sell all his Plate Utensils and Jewels to the Londoners and then to resume and seise them againe as belonging to the Crowne Anno 1256. The same King Henry summoned a Parliament to assist him in his warres in Apulia but because he had taken upon him that Warre WITHOUT HIS BARONS AND PARLIAMENTS CONSENT they and his owne Brother Richard Earle of Cornwall refused to grant or lend him any ayde And because all the Barons and Commons were not summoned to this Parliament as they ought to be according to the tenor of Magna Charta they refused to doe any thing or grant any aide without the rest of the Peeres were present and so returned home discontented After this Anno 1258. this King summoning a Parliament at London demaunded ayde of them towards his warres in Apulia to which the Parliament gave this resolute answer that they could no wayes supply him in this case without their owne undoing And if he had unadvisedly and unseemingly gotten from the Pope the kingdome of Apulia for the use of his Son Edward he should impute it to his owne simplicity and that he had PRESUMED UNCIRCUMSPECTLY WITHOUT THE CONSENT OF HIS NOBLES TO UNDERTAKE THIS WARRE as a contemner of deliberation and prudence which is wont to forecast the end of things therefore he should bring it to what issue he best could and should take example from his brother Richard who refused the Empire tendred to him c. In the second yeare of King Edward the second he consented to this Act of Parliament That he would begin no warre without common consent in Parliament which he then confirmed with an Oath So An. 25 Edward 1. The Lords and Commons utterly refused to goe with the King to his wars in Flanders though they were summoned to doe it Because this warre was proclaimed without their consents and good likings and they were not bound by their Tenures to
goe unto it petitioning the King to desist from this Warre and at last caused the King in Parliament to release these services And Anno 1205. The Lords and Commons for this very reason refused to go with King Iohn to his warres in France to recover his inheritance there In the sixt yeare of King Richard the second in a Parliament holden at London it was for many dayes together debated whether the Bishop of Norwich Henry Spensâ—r whâ—m the Pope had made Generall of his Forces against the Schismatickes of Flanders giving great indulgences to those who should assist him in person or with Monies in this Warre should undertake that Warre or no and after muâ—h opposition of the Captaines of the kingdome alledging that it was not safe to commit the people of the King and kingdome to an unexpert Priest it was at last resolved in Parliament through the constancy and valour of the Knights and Commons that he should undertake this war and goe Generall of the Army Which office he valiantly managed with good successe being a better Souldier than Preacher And the same yeare in another Parliament at London it was Decreed BY THE PARLIAMENT that because the Scots had broken their Faith with the English Faith should be broken with them Frangenti fidem fides frangatur eidem And that a select power should be sent into Scotland out of England to wit a thousand Lances and 2000. Archers to curbe their attempts under the conduct of the Lord Thomas of Woodstocke which the Scots being informed of were greatly afraid and in the end of the Parliament sent humble supplicants to it to treat with them about a peace or truce which they desired But the English having had such frequent experience of their falshood would neither treat nor compound with them but reviling their messengers commanded them to returne home wishing them to defend their heads and rights as well as they could Who returning the Northerne Lords undertooke the defence of their Country untill Thomas of Woodstocke should be pâ—epared to ayd them with greater Forces Loe here both Generalls Armies Warres appointed by the Parliament and Subsidies likewise granted to supply them and the making of a peace or truce referred to them it being agreed in a former Treaty that if any dammage or injury should be done by either Nation one to another some speciall Committees should be sent to the Parliament of both kingdomes every yeare who should publikely relate the injuries sustained and receive amends according to the dammage suffered by the judgement of the Lords In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our Historians too I finde this preamble recited almost verbatim the next Parliament the same yeare chap 1. It is to be remembred that at the Parliament hâ—lden at Westminster the munday next after the Utas of the Holy Trinity in the Reigne of our Soveraigne Lord the King that now is of England the 18. and of France the 5. many things were shewed in full Parliament which were attempted by the adversary party against our Soveraigne Lord the King of France against the Truce late taken in Britaine betwixt our Soveraigne Lord the King and him And how that he enforceth himselfe as much as he may to destroy our said Soveraign Lord the King and his Allies Subjects Lands and places and the tongue of England And that was prayed by our said Soveraigne Lord the King of the Prelates great men and Commons THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY And the same Prelates great men and Commons taking good deliberation and advice and openly seeing the subversion of the Land of England and Kings great businesse which God defend if hasty remedy be not provided HAVE COUNSELLED JOYNTLY and SEVERALLY and prayed with great instance our Soveraigne Lord the King that he would make him as strong as he might to passe the Sea in assurance of the ayde of God and his good quarrell effectually at this time TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE And that for Letters words nor faire promises he shall not let his passage till he see the effect of his businesse And for this cause the said great men do grant to passe and adventure them with him And the said Commons doe grant to him for the same cause in a certaine forme two Quinzimes of the Commonalty and two Dismes of the Cities and Burroughes to be levyed in manner as the last Quinzime granted to him and not in other manner c. So that the money levyed of the same be dispended in the businesse shewed to them this Parliament BY ADVICE OF THE GREAT MEN THERETO ASSIGNED And that the aydes beyond Trent BE PUT IN DEFENCE OF THE NORTH A pregnant Precedent of the Parliaments interest in concluding Warre and Peace and disposing of the ayde contributed towards warres to such persons and uses as they deeme meete to confide in By these with infinite other precedents the Statute of 1 Iac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England made this very Parliament enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament under paine of High Treason It is evident that the principall right of concluding denouncing Warre or peace resides in the Parliament and that the King without its previous advice and consent ought not to proclaime any open warre since the Subjects estates and persons must support wage it and receive most disadvantage by it a truth not onely implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland Neither is this thing unusuall but common in other Kingdomes Livy Polybius Grimston Plutarch Iohn Bodin expresly affirme and confirme by sundry examples That in the Roman State both under their Kings and Emperours the chiefe power of denouncing warre and concluding peace was in the Senate and people And if any of their Emperours Consuls or Generals concluded peace without their consents it did not binde but was meerely voyd unlesse the Senate and people ratified it by a new decree neither might any warre be decreed but in the great assembly of the Senate and people together and by a publike Law And because Caesar had without command of the people made warre in France Cato Uticensis delivered his opinion in the Senate that the Army was to be called home and Caesar for his presumption delivered up to the Enemy So in the States and Kingdomes of the Athenians Aetolians Polonia Sweden Denmarke and Norway no Warre was begunne nor Peace concluded by their Kings but by the authority and preceding decree of their Senates Parliaments and Diets as Bodin proves at large The like Buchanan affirmes of the Kings of Scotland and we have divine authority
Oath to preserve his Peoples Liberties and Lawes of the Land inviolable have beene no sufficient security to his Subjects hitherto agâ—inst all the fore-mentioned grievances and illegall pressures his verball Protestations and Promises are like to prove worse assurance If solemne Oathes be most apparently violated what trust can there be to unswore words Secondly our Kings in former times as I have plentifully proved and infinite examples more declare seldome or never kept either Oathes or Promises made to their Subjects but have broken oath after oath agreement upon agreement with all verball legall ties reputing them onely lawfull policies to over-reach their people and effect their owne designes with greater advantage to themselves and prejudice to their Subjects And shall we dreame of a new world onely in this dissembling age when King-craft is improved to the utmost Thirdly we had his Majesties solemne Protestation in the Word of a King in thâ— 3 d yeare of his Raigne backed with Two Printed Declaraâ—â—ons then to all his Loving Subjects to maintaine the Petâ—tion of Right their Lawes Liberties Properties Religion in purity and perfection without the lâ—ast violation or any connivance aâ— or back-â—â—iding to Popery And what good warrants or securities these since proved to the Subjects to prâ—seâ—ve them from severall inundations of oppressions Taxâ—s grievances Innovâ—â—â—ons and relapses to Popery which have flowed in upon them ever since as if these 〈◊〉 bâ—ene â—o bankes to keepe them out but sluces onely to let them in the faster the premises manifest and we aâ—l experimentally feele this day And are the new Promises and Protestations thinke you better then the old or those made this Parliament more obligatory to the King or his evill Councellors then those made the two last Parliaments infringed in an high degree even to the imprisoning the searching of Peeres of Commons Pockets and studies against the Priviledges of Parliament within few houres after they were published in Print Are not the Subjects dayly taxed imprisoned plundered murthered the Priviledges of Parliament dayly infringed many wayes Protestants dis-armed Papists armed forraigne forces introduced Irish Rebels privately countenanced the greatest acts of hostility and cruelty exercised whiles treaties of peace are pretended the best Iustices removed in all Counties ill affected persons set up in their places illegall Commissions of Array executed justified the best Protestant Ministers people most robbed pillaged murthered banished every where Sheriffes illegally made Subjects even at Oxford where the king resides more inhumanely handled under his Majesties view than Gally-slaves in Turkiâ— and scarce one Declaration or Promise observed so much as the very day they are published notwithstanding so many multiplications of them in Print that people may the better take notice how they are broken if they be observant And shall the Parliament then take these so notoriously oft violated never yet observed Protestations for our Kingdomes onely substantiall security to put all into his Majesties hands forthwith before they see some reall performances and change of Councells Certainely if they be so much over-seene they are like to be so farre from mending our present condition that they shall but make it worse yea and betray themselves with all that trust them both for the present and posteritie But we have very good Lawes assented to by his Majestie this Parliament for our security too True but are they not spiders Webbs and already undermined in action or intention Doe they secure us in any kinde for the present and will they doe it for the future will time thinke you make them binding to the King if they oblige him not as soon as made Did the Petition of Right 3â— Caroli a most inviolable security as most then dreamed secure the Subjects in the least degree against any publike wrong so long as for one moneths space Was it not turned into a kinde of wrong as soon as made and ever since Nay were there not only sundry actions don but Iudgments too in the very greatest Courts of Iustice given against it yea against the very letter and unquestionable meaning of Magna Charta and other fundamentall Laws by corrupted or over awed timorous Iudges yea are not most good Acts made this Session for the Subjects benefit and all the Subjects Liberties at one stroke quite hewen downe and undermined by a pretence of Law it selfe in his Majesties * Answer to both the Houses Declaration concerning the Commission of Array Quid verba aâ—diam factâ— cùnvâ—deam The meanest Latinâ— Scholler knowes that verba dare signifies properly to deceive and Subjects have beene oft deceived even with Acts of Parliament Now that all may see how invalid assurances Lawes are to secure the Subjects Liberties though ratified with never so many confirmations oathes sâ—ales I shall give you â— or 3. ancient presidents The first is that of King Iohn who Anno 1214. confirmed Magna Charta the Charter of the Forrest and other Liberties with his hand sâ—ale oath proclamations the Popes Bâ—ll solemne excommunications against the infringerâ— of it denounced by all the Bishops in his presence by appointing 25. Baâ—ons who by oath were to see and force him and all others to observe it by seising on â—is Castles Lands goods and by resigning the custodie of his 4. chiefe Castles to â—he dispose of 25. Lords whom all other Lords and Commons were bound to assist yet in lesse than on halfe yeares space these strongest obligations are all cancelled these Gordians cut in sunder with the sword of warre and the Suâ—jâ—cts reduced to greater Vassellage than ever as the premises evidence So King Henry the 3 d by oath sundry times successively ratified these Charters the Subjects Liberties in Parliament which they oft dearely purchased with great Subsidâ—es And An. 1237 this King to gain a Subsidie of his Subjects in a Parliament then assembled at London denyeâ— that he ever intended to revoke the great Charter and other Liberties or laboured with the Pope to dâ—e it with which the Barons truely charged him and that if any such thing had beene casually suggested to him he did utterly nâ—ll and revoke it and because he seemed not altogether free from the sentence of excommunication which Steâ—en the Arch-bishop with all the other Bishops of England had denounced against all the infringers of the great Charter which he through ill Councell had in part infringed he commanded them all in publike to renew the said sentence against all contradictors of the sayd Charter so that if he himselfe through any conceived rancor had not peradventure observed it he might more grievously relapse into the said denounced sentence By which meanes and speech he wonderfully reconciled to him the hearts of all that heard of these things and suddenly causeth the Earles Warren and Ferrers and Iohn Fitz-Ieffry by the Parliaments appointment to be sworne his Councellors giving them this Oath That by no meanes neither for rewards nor any other cause
and custome but by the Kings pleasure and the Lords onely of the Kings party contrary to right and reason summoned to it by meanes whereof Will therein ruled for reason men alive were condemned without examination men dead and put in execution by privie murther were adjudged openly to dye others banished without answer an Earle arraigned not suffered to plead his pardon c. and because the latter of them by divers seditious evill-disposed persons about the King was unduly summoned onely to destroy some of the Great Nobles faithfull and Lawfull Lords and other faithfull liege people of the Realme out of hatred and malice which the said seditious persons of long time had against them and a great part of the Knights of divers Counties of the Realme and many Burgesses and Citizens for divers Burroughs and Cities appearing in the some were Named returned and accepted some of them without due and free Election some of them without any Election by meanes and labour of the said seditious persons against the course of the Lawes and Liberties of the Commons of the Realme wherby many great Jeopardies Enormities and Inconveniences wel-nigh to the ruine decay and subversion of the Realme ensued If then the grand Councellors and Judges of this highest Court are and ought to be elected only by the Commons not the King because they are to consult and make Lawes for the Kingdomes welfare safety government in which the Realme is more concerned then the King and Bishops Abbots and Priors likewise whiles members of the Lords House of Parliament were chosen by the Clergy People Commons not the King by semblable or better reason the whole State in Parliament when they see just cause may claime the nomination of all publike Officers of the Kingdome being as much or more the Kingdomes Officers 〈◊〉 the Kings and as responsible to the Parliament as to the King for their misdemeanours in their places without any diminution of the Kings Prerogative Fiftly the Parliament consisting of the most Honourable Wise Grave and discree test persons of all parts of the Kingdome are best able clearely and impartially to Iudge who are the fittest ablest faithfullest most deserving men to manage all these publike Offices for the Kings the Kingdoms honour and advantage better then either the King himselfe his Cabinet-Counsell or any unconsiderable Privadoes Courtiers Favourites who now usually recommend men to these places more for their own private ends and interests then the Kings or Kingdoms benefit therfore it is but just equitable that they should have the principall nomination and recommendation of them to the King rather then any others whomsoever that the King should rather confide herein to their unbiased Iudgements then to his most powerfull trustiest Minions who would out the Parliament of this just priviledge that they might unjustly engrosse it to themselves and none might mount to any places of publike trust but by their deare-purchased private Recommendations the cause of so many unworthy untrusty corrupt publike Officers and Judges of late times who have as much as in them lay endeavoured to enslave both us and our posterities by publike illegall Resolutions against their Oathes and Consciences Sixthly Though our Kings have usually enjoyed the choice of Judges and State Officers especially out of Parliament time yet this hath been rather by the Parliaments and peoples permissions then concessions and perchance by usurpation as appeares by Sherifes and Lieutenants of Counties Elections now claimed by the King though anciently the Subjects right as I have proved And if so a Title gained only by Connivance or Usurpation can be no good plea in Barre against the Parliaments Interest when there is cause to claime it however the Kings best Title to elect these publike Officers is only by an ancient trust reposed in his Predecessors and him by the Parliament and Kingdom with this tacit condition in Law which Littleton himselfe resolves is annexed to all Officers of trust whatsoever that he shall well and lawfully discharge this trust in electing such Counsellors Officers and Iudges as shall be faithfull to the Republicke and promote the subjects good and safety If then the King at any time shall breake or pervert this trust by electing such great Counsellors Officers and Judges as shall willingly betray his Subjects Liberties Proprieties subvert all Laws foment and prosecute many desperate oppressing Projects to ruine or inthrall the Kingdom undermine Religion and the like as many such have been advanced of late yeares no doubt the Parliament in such cases as these may justly regulate or resume that trust so far into their own hands as to recommend able faithfull persons to these publike places for the future without any injury to the Kings Authority It was a strange opinion of Hugh Spensers great favourites to King Edward the second which they put into a Bill in writing That homage and the Oath of Allegiancâ— is more by reason of the Crowne then by reason of the Person of the King and is more bound to the Crowne then to the Person which appeares because that before the descent of the Crowne no Allegiance is due to the Person Therefore put case the King will not discharge his trust well according to reason in right of his Crowne his Subjects are bound by the Oath made to the Crowne to reforme the King and State of the Crowne because else they could not performe their Oath Now it may say they be demanded how the King ought to be reformed By 〈◊〉 of Law or by 〈◊〉 By suite at Law a man can have no redresse at all for a man can have no Iudge but these who are of the Kings party In which case if the will of the King be not according to reason he shall have nothing but â—rrour maintained and conâ—â—med Therefore it behoveth for saving the Oath when the King will not redresse a thing and remove what is evill for the Common people and prejudiciall to the Crowne that the thing ought to be reformed by force because the King is bound by his Oath to governe his Lieges and people and his Lieges are bound to governe in aide of him and in default of him Whereupon these Spensers of their owne private Authority tooke upon them by Vsurpation the sole government both of King and Kingdome suffering none of the Peeres of the Realme or the Kings good Counsellours appointed by the State to come neere him to give him good counsell not permitting the King so much as to speake to them but in their presence But let this their opinion and private unlawfull practise be what it will yet no doubt it is lawfull for the whole State in Parliament to take course that this part of the Kings Royall trust the chusing of good publike Counsellours Officers Judges which much concernes the Republike be faithfully discharged by recommending such persons of quality integrity and ability to all publike places of trust and
judicature as both King and Kingdome may confide in which will be so far from depressing that it will infinitely advance both the Kings Honour Justice profit and the Kingdomes too Seventhly It is undeniable that the Counsellours Judges and Officers of the Kingdome are as well the Kingdoms Councellours Officers and Iudges as the Kings yea more the Kingdoms than the Kings because the King is but for the Kingdoms service and benefit This is evident by the Statute of 14 E. 3. c. 5. which enacts that as well the Chancellour Treasurer Keeper of the Privie Seale the Iustices of the one Bench and of the other the Chancellour and Barons of the Exchequer as Iustices assigned and all they that doe meddle in the said places under them shall make an Oath well and lawfully to SERVE the King and HIS PEOPLE in THEIR OFFICES which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. 1 Rich. 2. c. 2. swearing and injoyning them To doe even Law and execution of right to all the Subjects rich and poore without having respect to any person c. And if any of them doe or come against any point of the great Charter or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament as well at the Kings suite as at the suite of the party Seeing then they are as well the Kingdomes Councellours Officers Iudges as the Kings and accountable responsible for their misdemeanours in their places as well to the Parliament and Kingdom as to the King great reason is there that the Parliament Kingdome especially when they see just cause should have a voice in their elections as well as the King The rather because when our Kings have been negligent in punishing evill Councellours Officers Iudges our Parliaments out of their care of the publike good have in most Kings reignes both justly questioned arraigned displaced and sometimes adjudged to death the Kings greatest Counsellours Officers and Iudges for their misdemeanours witnesse the displacing and banishing of William Longcham Bishop of Ely Lord Chauncellour chiefe Iustice and Regent of the Realme in Richard the 1. his Reigne Of Sir Thomas Wayland chiefe Iustice of the Common pleas attainted of Felony and banished for bribery by the Parliament 18 Ed. 1. the severall banishments of Piers Gaveston and the â— Spensers the Kings greatest favourites Officers Counsellors for seducing miscounselling King Edward the second oppressing the Subjects and wasting the Kings revenues the removall and condemnation of Sir William Thorpe Chiefe Iustice of the Kings Bench for Bribery 25. E. 3. The fining and displacing of Michael de 〈◊〉 Pole Lord Chauncellour Alexander Nevell and divers other great Officers and Privie Counsellours with the condemning executing and banishing of Tresilian 〈◊〉 and other Judges in 10 11 Rich 2. by Parliament for ill Councell and giving their opinions at Nottingham against Law Of Empson Dudley and that grand Cardinall Wolsey Lord Chancellour and the Kings chiefest Favourite and Counsellour in Henry the eight his Reigne Of the Duke of Sommerset Lord Protector and his Brother Lord Admirall for supposed Treasons in Edward the 6 th his Reigne Of Sir Francis Bacon Lord Keeper and Cranfield Lord Treasurer in King Iames his latter dayes with infinite other presidents of former and latter ages and one more remarkable then all the rest In the Yeare 1371. the 45. of King Edward the third his Reigne and somewhat before the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands Simon Langham Arch-bishop of Canterbury being Lord Chancellour of England Iohn Bishop of Bath Lord Treasurer William Wickam Archdeacon of Lincolne Keeper of the Privie Seale David Wolley Master of the Rolles Iohn Troy Treasurer of Ireland Robert Caldwell Clerke of the Kings Houshold William Bugbrig generall Receiver of the Dutchy of Lancaster William Ashby Chancellour of the Exchequer Iohn Newneham and William de Mulso Chamberlaines of the Exchequer and keepers of the Kings Treasury and Iewels Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings Roger Barnburgh and 7 Priests more Clerkes of the Kings Chancery Richard Chesterfield the Kings under-Treasurer Thomas Brantingham Treasurer of Guives Merke and Calis All these Clergie-men who abounded with pluralities of rich Spirituall Livings though they Monopolized all these temporall Offices in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords were displaced at once from these Offices no wayes suitable with their functions and Lay-men substituted in their places And a like president I find about 3 Hen. 3d. where the Clergy Lord Chancellour Treasurer with other Officers were removed upon a Petition against them and their Offices committed to Temporall-men whom they better beseemed If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours State-Officers Iudges for their misdemeanours ill Counsell insufficiency and unfitnesse for these places contrary to that twice condemned false opinion of the over-awed Iudges at Nottingham in 11 R 2. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament and he that did contrary was to be punished as a Traitour and that upon this very ground that they are the Kingdoms Counsellours Officers and Iustices as well as the Kings and so responsible to the Parliament and Kingdome for their faults I see no cause why they may not by like reason and authority nominate and place better Officers Counsellours Iudges in their steeds or recommend such to the King when and where they see just cause Eightly Iohn Bodin a grand Polititian truely determines and proves at large That it is not the right of election of great Officers which declareth the right of Soveraignty because this oft is and may be in the Subjects but the Princes approbation and confirmation of them when they are chosen without which they have no power at all It can then be no usurpation at all in the Parliament upon the Kings Prerogative to nominate or elect his Councellours great Officers and Iudges or recommend meet persons to him which is all they require so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents in case he cannot justly except against them Of which power they never attempted to divest his Majesty though he be no absolute but only a politick King as Fortescue demonstrates Ninthly It hath beene and yet is usuall in most Forraigne Kingdomes for the Senate and people to elect their publike Offiâ—ers and Magistrates without any diminution to their Kings Prerogative In the Roman State the people and Senate not only constantly elected their Kings and Emperours but all their other grand publike Officers and Magistrates as Consuls Tribunes Dictators Senators Decemviri and the like
were elected by the people who prescribed them Lawes Oathes and had power to question to punish remoove and censure them when they offended Solon and Aristotle with other great Politicians debating this Question Whether the power of Electing and censuring the Magistrates and chiefe Officers ought to resids in the people Conclude offirmatively That it is most necessary and convenient this power should rest in the people because else the people shall become both the servants and enemies of their Princes if they have not this power and because all the people together are more considerable and better able to judge of the goodnesse and fitnesse of Magistrates for them then any few select particular men which are more apt to be seduced with by-endâ— then a great multitude Whence among the Lacedemonians and in most Kingdomes and Republicks in Greece the people had both the election yea and correction of their Magistrates and chiefe State Officers as they manifest In the Kingdome of Aragon in Spaine their ancient Suparbiense Forum their Iustitia Aragoniae and Rici homines who are their principall Magistrates Great Counsell of State and Priviâ— Counsellours to their King both in Warre and Peace having power over their Kings themselves to examine and censure all their Actions and remove them if there be cause with all their Members Knights and Burgesses of their Parliaments held formerly once a yeâ—re but now once every second yeare by fixed Lawes anciently were and at this day are elected by the People and not the King In the Germane Empire the Electorship Chancellourship and all great Offices of State are hereditary and successive not chosen by the Emperour and the greatest part of inferiour Magistates are elected in most Provinces and Cities by the people In Polonia the Archbishop of Gnesne is by inheritance alwayes Chancellour of the Realme In Hungary the great Palatine the chiefest Officer of that Kingdome next to the King himselfe who at home determineth and judgeth all differences between the King and Subjects according to the Lawes of that Realme est enim apud Panonios in usu Regem si quid contra Legem fecerit legibus subijci and during the interregnum hath right to summon Parliaments and generall assemblies of the Estates yea the chiefe hand and power in electing a new King and the Soveraigne command in the Warres Adeo ut sontes punire bene de re publica â—â—ritis praemia discernere fundosque qui 20. vel 30. agricolarum capaces sunt juris haerâ—ditarij nomine conferre possit c. as Nicholaus Isthuanfus writes is elected by the States and Parliament of Hunâ—ary not the King And in this manner Bethrius was elected Palatine in a full assâ—mbly of the States Senatus Nobiliâ—tiâ—sque consensu Anno Dom. 1517. and the Vayvode put by In Venice the Senate and people chuse all the great publike Officers not the Duke In Poland where the King is elective by the Law of Sigismond Augustus all the Magistrates of every Countrey were to be chosen by the particular States of every Government and so they are now In Denmarke and Sweden and Bohemia the Kings themselves are Elective by the States and people and most of their publike Officers too When Rome and Italy were under the Gothish Kings they still elected their publike Officers as is evident by King Theodoricus Letter of approbation of their Election in these words Our consent Reverend Fathers doth accompany your jâ—dgement In Scotland Anno 1295. the Scots in King Iohn Bayliols Reigne considering his simplicity and unapâ—nâ—sse elected them 12. Peeres after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose counsell the King ought to Governe the Realme and by whose ordination all the affaires of the Kingdome should be directed which was principally done in affront of King Edward the first by whom this Iohn was made King of Scotland in some sort against the Scots good liking some of them secretly murmuring against it In France it selfe where the King as some thinke and write is an absolute Monarch the greatest publike Officers anciently have sometimes been Elected by the Three Estates of Parliament Anno 1253. The States of France Elected the Earle of Leycester their Grand Seneschall and chiefe Counsellour of State to advise them and their desolate estate what to doe In the Yeare 1324. Arthur Duke of Brittaine was chosen Constable of France by the voice of all the Peers of the Great Counsell and Parliament and thereupon was admitted to that Grand Office In the Yeare 1357. the 7 th of King Iohn of France the Archbishop of Roan Chancellour of France Sir Simon de Bury chiefe Counsellour of the King and of the Parliament Sir Robert de Lorize Chamberlaine to the King Sir Nicholas Brake Master of the Kings Pallace Eguerrain Burges of Paris and Under-Treasurer of France Iohn Priest Soveraigne-Master of the Money and Master of the Accounts of the King and Iohn Chauneon Treasurer of the Kings Warres were all complained of by the Three Estates of France assembled in Parliament for misguiding the King and Realme their goods confiscated to the King themselves removed from these Offices and others elected in their places by the States In the Yeare 1408. by a Law made in the Parliament at Paris it was decreed That the Officers of the High Court of Parliament should be made by the Parliaments Election and those then vacant were so which Law was againe revived by King Lewis the 11 th in the Yeare 1465. And after him in the time of Charles the 8 th not onely the Presidents the Kings Counsellours and Advocates were made by election but even the Kings Atturney Generall the onely man of all the body of the Court that oweth not Oath but to King onely was chosen by the suffrages of the Court in the Yeare 1496. though their Letters of Provision and confirmation of their Election then were and yet are alwayes granted by the King About the Yeare 1380. the Earle of Flanders who had regall Jurisdiction exacting new Customes and Taxes from his Subjects contrary to their Liberties they thereupon expelled him with all his Family and Counsellours out of their Countrey And refused upon any termes to submit to his Governement unlesse he would remove all his evill Counsellours from him and deliver them into their hands to be punished Et recipere SOLVM VELIT CONSILIARIOS EX COMMVNIS VVLGI DECRETO and would receive such Counsellours onely as his people by common decree should assigne him which he was constrained sore against his will to condescend too ere they would restore him Since then the Councellours Magistrates Judges and Prime Officers of State in most other Kingdomes have beene thus elected by the people and Parliaments without any enchrochments upon their Kings just Regalities Why our Parliament now may not claime and enjoy the like Priviledges without any impeachment
deny to your Lord the King especially when the servants ought not at all to judge their Lord nor the vassalls their Prince nor to restraine him with their conditions Yea verily who ever are reputed inferiours ought rather to be directed by the pleasure of their Lord and to be regulated by his will for the servant is not above his Lord nor yet the Disciple above his Master Therefore he should not be as your King but as your servant if he should be thus inclined to your will Wherefore he will neither remove Chancellour nor Iustice nor Treasurer as you have propounded to him to doe neither will he substitute others in their places He likewise gave a cavilling answer to the other Articles though wholesome enough to the King and demanded an ayde to recover his right in forraigne parts When the Barons heard this answer it appeared more cleere then the light that these things sprung from those ill Councellours whose weakened power would be utterly blowne up if the Councell of all the Baronage should be hearkened to Wherefore they all gave this unanimous peremptory answer That they would grant no ayde at all to impoverish themselves and strengthen the enemies of the King and Kingdome and so the Parliament being dissolved with indignation unusquisque spe fraudatus a Parliamento frustra diu expectato nihil nisi sannas cum frivolis amissis laboribus cum expensis ut solent saepius reportarunt Which when the king had seene he was put into a vehement anger and said to his Councellours Behold by you the hearts of my Nobles are turned from me Behold I am like to lose Gascoigne Poyteirs is spoyled and I am destitute of Treasure What shall I doe Whereupon to satisfie him they caused his Plate and Iewels to be sold and invented sundry new projects to raise monies The very next Yeare 1249. the Lords assembling againe at London at the end of Easter pressed the King with his promise made unto them That the chiefe Iusticiar Chancellour and Treasurer might BE CONSTITVTED BY THE GENERALL CONSENT OF THE KINGDOME which they most certainely beleeved they should obtaine but by reason of the absence of Richard Earle of Cornewall which was thought to be of purpose they returned frustrate of their desire for that time Anno 1254. in another Parliament summoned at London in Easter Tearme the Lords and Commons require and claime againe their former Rights in electing the Iusticiar Chancellour and Treasurer but after much debate the Parliament is proroged and nothing concluded Yet the Lords and Commons would not be thus deluded of their right which to regaine they strained their Jurisdiction to an higher Note then ever they had done before For in the Yeare 1258. the Barons seeing the Realme almost destroyed with Taxes and exactions and Poictovines to domineere and rule all things in England effectually to redresse these grievances and reforme the State of the Realme in a Parliament at Oxford to which they came very well armed by advise of some Bishops among other Articles they demanded of the King That such a one should be chiefe Iusticiar who would judge according to Right c. And that 24. others write 12. persons Whom Fabian stiles the Douze Peeres should there be chosen to have the whole administration of the King and State by reason of the Kings former misgovernment and the YEARELY APIOINTING OF ALL GREAT OFFICERS reserving onely to the King the highest place at meetings and salutations of honour in publike places To which Article the King and his Soâ—ne Prince Edward out of feare not onely assented and subscribed but likewise tooke a solemnâ— Oath to performe them all the Lords and Bishops taking then the like Oath to hold and maintaine these Articles inviolably and further they mâ—de all that would abide in the Kingdome to sweare also to them the Arch-Bishops and Bishops solemly accursing all such as should Rebell against them Which Articles the King and his Son labouring by force of Arms to annull they were notwithstanding enforced to confirme them in 3. or 4 subsequent Parliaments By vertue of these Articles enacted thus in Parliament those Lords not only removed old Sherifes of Counties appointed by the King and put in new of their owne chusing but likewise displaced Philip Lovell the Kings Treasurer with divers Officers of the Exchequer and sundry of the Kings meniall servants setting others whom they liked in their places and made Hugh Bygod Lord Chiefe Justice who executed that Office valiantly and justly nullatenus pâ—rmittens jus Regni vacillare creating likewise a new Chancellour and removing the old After this in a Parliament at London Anno 1260. they consulted about the electing of new Justices and of the Chancellour and Treasurer of England for the following yeare these places being made annull by the former Parliament in pursuance whereof Hugh Bigod his yeare expiring Hugh Spenser was by the Lords and Parliament appointed to be his successour and made Lord Chiefe Iustice and likewise Keeper of the Tower of London by the consent of the King and Barons and by authority of this Parliament the Abbot of Burgh succeeded Iohn de Crakedale in the Treasurership and the Great Seale of England was by them committed to the custody of Richard then Bishop of Ely The very next yeare 1261. the Barons with the consent of the selected Peeres discharged Hugh Spenser of his chiefe Iusticeship when his yeare was expired and substituted Sir Philip Basset in his roome In which yeare the King appointed Justices of Eyre through England without the Lords contrary to the Provisions of the Parliament at Oxford they coming to Hereford to keepe a Sessions there and summoning the County to appeare before them on Hockeday divers chiefe men of those parts who sided with the Barons assembled together and strictly commanded those Iudges not to presume to siâ— against the Ordinances of Oxford neither would any other of the people answer them in any thing whereupon acquainting the King with this opposition they departed thence without doing ought and the King making this yeare new Sherifes in every Couunty displacing those the Barons had made the inhabitants of each County hereupon marfully repulsed them and would not obey nor regard nor answer them in any thing whereat the King was much vezed in minde and upon a seeming shew of reconciliation to the Barons going to Dover and Rochester Castles committed to the Barons custody for the Kingdomes safety they permitted him to enter peaceably into them without any resistance Upon which minding to breake his former oaths for the keeping of the Oxford Articles he first seiseth upon these and other Castles and then coming to Winchester Castle where he had free entrance permitted him by the Barons who suspected no ill dealing he tooke it into his owne custody whether he called to him the Chiefe Iustice and Chancellour not long before made that yeare by the Barons commanding them to
deliver up the Seale and Iustices Roles unto him who answered that they could by no meanes doe it without the Barons consent and pleasure concurring with the Kings with which answer the King being moved presently without consulting with the Baronage made Walter Merton Chancellour and the Lord Philip Basset Chiefe Justice to him and the Kingdom removing those the Barons had appointed from those and other places Which the Barons hearing of considering that this was contrary to them and their provisions and fearing least if the King should thus presume he would utterly subvert the Statutes of Oxford thereupon they poasted to the King guarded with Armes and power and charged him with the breach of his Oath forcing him at last to come to an agreement with them which the King soone violating the Barons and he raised great Forces met and fought a bloody battle at Lewes in Sussex where after the losse of 20000. men the King and his Son Prince Edward with sundry Lords of his party were taken and brought Prisoners to London where all the Prelates Earles and Barons meeting in Parliament Anno 1265 as Mathew Westminster computes it made new Ordinances for the Government of the Realme appointing among other things that two Earles and one Bishop elected by the Commons should chuse 9. other Persons of which three should still assist the King and by thâ— Counsell of those three and the other nine all things should be ordered as well in the Kings House as in the Kingdome and that the King should have no power at all to doe any thing without their Counsell and assent or at least without the advice of three of them To which Articles the King by reason of menaces to him to elect another King and Prince Edward for feare of perpetuall Imprisonment if they consented not were enforced to assent all the Bishops Earles and Barons consenting to them and setting their Seales to the Instrument wherein these Articles were conteined After which the Earle of Leicester and his two Sons being three of the twelve devided all the Kings Castles and strong holds betweene them and bestowed all the chiefe Offices in the Kings House upon his Capitall enemies which indiscreete disloyall carriage of theirs much offended not only the King and Prince but the Earle of Glocester and other of the Barons so that they fell off from the Earle to the King and Prince and in a battell at Eusham slew the Earle and most of his Partisans after which victory the King calling a Parliament at Winchester utterly repealed and vacated those former Ordinances which had they only demaunded the Nomination of great Officers Counsellours and Judges to the King and not entrenched so far upon his Prerogative as to wrest all his Royall power out of his hands not only over his Kingdom but houshold too I doubt not but they had beene willingly condiscended to by the King and Prince as reasonable and not have occasioned such bloody wars to repeale them by force In K. Edward the second his Reigne the Lords and Commons by an Ordinance of Parliament having banished out of Court and Kingdome Pier Gaveston his viâ—ious favourite and pernicious grand Counsellour in a Parliament held at Warwick nominated and constituted Hugh Spenser the Sonne to be the Kings Chamberlaine and in that Parliament further enacted that certaine Prelates and other Grandees of the Realme should remaine neare the King by turnes at set seasons of the Yeare to counsell the King better without whom no great businesse ought to be done challenging writes Speed by sundry Ordinances madâ— by them in Parliament not onely a power to reforme the Kings House and Councell and TO PLACE AND DISPLACE ALL GREAT OFFICERS AT THEIR PLEASVRE but even a joynt interest in the Regiment of the Kingdome After which the Spensers engrossing the sole Regiment of the King and Kingdome to themselves and excluding those Lords from the King appointed by the Parliament to advise him not suffering the King so much as to speake with them but in their presence they were for this and other offences banished the Land by Act of Parliament This King towards the end of his raigne after the Queenes arrivall with her Army obscuring himselfe and not appearing by advise and consent of the Lords the Duke of Aquitaine was made High Keeper of England and they as to the Custos of the same did sweare him fealty and by them Robert Baldocke Lord Chancellour was removed the Bishop of Norwich made Chancellour of the Realme and the Bishop of Winchester Lord Treasurer without the Kings assent In the 15 Yeare of K. Edward the 3d. chap. 3 4. there was this excellent Law enacted Because the points of the great Charter be blemished in divers manners and lesse well holden then they ought to be to the great perill and slaunder of the King and dammage of the people especially in as much as Clerkes Peeres of the Land and other freemen be arrested and imprisoned and outed of their goods and Cattels which were not appealed nor indighted nor suite of the party against them affirmed It is accorded and assented that henceforth such things shall not be done And if any Minister of the Kings or other person of what condition he be doe or come against any part of the great Charter or other Statutes or the Laws of the Land he shall answer to the Parliament as well as the suite of the King as at the suite of the party where no remedy nor punishment was ordained before this time as farre forth WHERE IT WAS DONE BY COMMISSION OF THE KING as of his owne Authority notwithstanding the Ordinance made before this time at Northampton which by assent of the King the Prelates Earles and Barons and the Commonalty of the Land in this present Parliament is repealed and utterly disanulled And that the Chancellour Treasurer Barons and Chancellour of the Eschequer the Iustices of the one Bench and of the other Iustices assigned in the County Steward and Chamberlaine of the Kings house Keeper of the Privie Seale Treasurer of the Wardrobe Controuler and they that be chiefe deputed to abide nigh the Kings Sonne Duke of Cornewall shall be now sworne in this Parliament and so from henceforth at all times that they shall be put in Office to keepe and maintaine the Priviledges and Franchises of holy Church and the points of the great Charter and the Charter of the Forrest and all other Statutes without breaking any point Item It is assented that if ANY THE OFFICERS AFORESAID or chiefe Clerke to the Common Bench or the Kings Bench by death or other cause be out of his Office that our Soveraigne Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County which hee shall take towards him and by good Councell which he shall have about him shall put another convenient into the said Office which shall be sworne after the forme aforesaid And
that in every Parliament at the third day of the same Parliament the King shall take to his hands the Offices of all the Ministers aforesaid and so shall they abide 4 or 5 dayes except the Offices of Iustices of the one place and the other Iustices assigned Barons of the Exchequer so alwayes that they and all other Ministers be put to answer to every complaint And if default be â—ound in any of the said Ministers by complaint or other manner and of that be attainted in the Parliament he shall be punished by judgement of his Peeres out of his Office and other convenient set in his place And upon the same our said Soveraigne Lord the King shall doe to be pronounced to make execution without delay according to the Iudgement of the said Peeres in the Parliament Loe here an expresse Act of Parliament ordained and established by King Edward the third by assent of the Prelates Earles Barons and other great men and of all the Commonalty of the Realm which this King did give and grant for him and his heires firmely to be kept and holden for ever that all great Officers Barons Iudges and Iustices of the Kingdome and chiefe attendants about the King and Prince should not onely take the fore-mentioned Oath but be elected alwayes by the accord of the great Men and good Councell neare and about the King out of Parliament and by the Peeres in Parliament and the King bound to make execution according to their Iudgement This Law as I conceive was never legally repealed by Parliament but onely by this Kings Proclamation by the ill advice and forced consents of some few Lords and Councellours about him upon pretence that he never freely assented to it but by dissimulation onely to obtaine his owne ends that Parliament which else would have miscarried and broken up in discontent had not this Law beene granted in manner aforesaid Which consideration makes me confident that the Parliament being so eager to obtaine this Law would never so soone yeeld wholly to repeale it and so for ought I know it stands yet in force to justifie the present Parliaments claime in this particular In 2 E. 3. c. 8. 14 E. 3. c. 5. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. divers notable Oathes are prescribed to Iudges Iustices and other Officers and that they shall not delay nor forbeare to doe right for the Kings great or little Seale or any letters from him or any other but goe forth to doe the Law notwithstanding them In the Yeare 1375. the 50 of Edward the 3d. his raigne a Parliament commonly called the good Parliament by our Historians being assembled the King required a Subsidie by reason of his warres to which the Commons answered that they could no longer beare such charges considering the manifold most grievous burdens they had from time to time borne before and that they knew full well that the King was rich enough to defend him and his Land if his Land and the Treasure were well guided and governed but it had beene long evill ruled by evill Officers so that the Land could not be plenteous neither with Merchandize chaffer nor riches By reason whereof and of their importunate charges the Commonalty was generally impoverished Moreover the Commons complained upon divers Officers that were the causers of this mis-order whereof the Lord Latimer then Lord Chamberlaine was principall and Dame Alice Piers the Kings Concubine who would usually in most impudent manner come in person into all Courts of Iustice and sitting by the Iudges and Doctors perswade or disswade them to judge against the Law for her owne advantage on that side for which she was engaged to the great scandall and dishonour of the King both in his owne and other Realmes and Sir Richard Scurry Knight by whose Councells and sinister meanes the King was mis-guided and the government of the Land disordered Wherefore they prayed by the mouth of their Speaker Sir Piers de la Mare that the said persons with others might be removed from the King and others to be set in authority about his person as should serve for his honour and for the weale of his Realme Which request of the Commons by meanes of the Noble Prince Edward was accepted so that the said persons with the Duke of Lancaster and others were removed from the King and other Lords by advise of the said Prince and other wise Lords of the Realme PER PARLIAMENTVM PRAEDICTVM writes Walsingham were put in their places such as the Prince and Peers thought fittest Moreover in this Parliament at the Petition of the Commons it was ordained That certaine Bishops Earles and other Lords should from thence forth govern both the King and Kingdom the King being then in his dotage unable to governe himself or the Kingdome because the king was growne old and wanted such Governours This passage is thus expressed in the Parliament Roll of 50. E. 3. numb 10. Also the Commons considering the mischiefes of the Land shewed to the King and Lords of the Parliament that it shall be for the honour of the King and profit of all the Realme which is now grieved in divers manners by many adversities as well by the wars of France Spaine Ireland Guyon and Bretaigne and else-where as likewise by the Officers who have been accustomed to be about the King who are not sufficient at all without other assistance for so great a government wherefore they pray that the Councell of our Lord the King be inforced or made up of the Lords of the Land Prelates and others to the number of 10. or 12. which the King shall please to remaine continually with the King in such manner that no great businesse shall passe or be there decreed without all their assents and advice and that other lesser businesses shall be ordered by the assent of 6 or 4. of them at least according as the case shall require so that at least 6. or 4. of such Counsellours shall be continually resident to councell the King And our Lord the King considâ—ring the said request to be honourable and very profitable to him and to all his Realme hath thereto assented provided alwayes that the Chancellour Treasurer or Keeper of the Privy seale and all other Officers of the King may execute and dispatch the businesses belonging to their Offices without the presence of the said Councellours the which the King hath assigned c. But this Ordinance lasted scarce three moneths for after the Commons had granted a Subsidy of foure pence the pole of all above foureteene yeares old except Beggars Prince Edward dying and the Parliament determining these removed ill-officers got into the Court and their offices againe and by the instance and power of Alice Piers the Speaker De la Mare was adjudged to perpetuall prison in Nottingham Castle an Act without example in former times and which did no good in this where he remained prisoner
that they be sworne to fore my Lord of Glocester and all the Lords of the Counsell that for no friendship they shall make no man privy but the Lords of the Counsell what the King hath in his Treasorie Numb 32. Item that the Clark of the Counsell be charged and sworne to truely enact and write daily the names of all the Loras that shall be present from time to time to see what how and by whom any thing passeth Numb 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament and had well considered of them and fully assented and accorded to them the scedule of paper by certaine of the Honorable Lords of Parliament on behalfe of the King and all the Lords in Parliament was sent and delivered to the Commons to bee ascertained of their intent whereupon after the said Commons had advised the said Lords repeated in the said Parliament that the Commons thanked all the Lords and that THEY WERE WELL CONTENTED with all there contained in the said scedule WITH THIS that to the first of the said Articles there should be added one clause of purveiu which the said Lords repeated on the behalfe of the said Commons who delivered it to them in Parliament in one parchment scedule written in French the tenour whereof ensueth Provided alwayes that the Lords and other persons and Officers which have estate and authoritie some of inheritance some for terme of life and otherwise to make and institute by vertue of their offices deputy Officers and Ministers which appertaine to them to make of right and as annexed to them and to their offices of ancient time accustomed and used shall not be restrained nor prejudiced of that which appertaines to them by colour of this Ordinance or appointment To which parchment scedule and the contents thereof read before the Lords in Parliament the said Lords well agreed and fully consented Numb 44. The Queen Mothers dower formerly agreed appointed and sworne to buy all the three estates in Parliament in 9. H. 5. was now againe upon her Petition confirmed and setled by this Parliament after her husbands decease And Numb 41. Pet. 2. The Commons petitioned that it might then be enacted that no man nor woman should thenceforth be compelled nor bound to answer before the Counsell or Chancery of the King nor elsewhere at the suit or complaint of any person for any matter for which remedy by way of Action was provided by the Common law and that no privie Seale nor subpoena should issue thence before a Bill were first there exhibited and also fully allowed by two Iudges of the one Bench and other that the complainant for matters and grievances in the said Bill could have no action nor remedy at all by the common law c. A good Law to prevent the Arbitrary proceedings of these Courts which are now too frequent in subverting of the Common law Lo here in this Parliament we have a Lord Protector Chancellor Treasurer Keeper of the privie Seale Chamberlaine Privie Counsellors Constables of Castles and most other Officers of the King elected by Parliament yea a Commission for calling and holding this Parliament confirmed by this Parliament when met the Kings owne publike feales altered and new made a new stile conferred on the King a Kings last Will and a Queenes Dower when fallen confirmed by the Parliament and the privie Councell Court of Request and Chancery limited by it without any dimininution of the Kings prerogative royall what injury or disparagement then can it be to his Majesties royalties to have his great Officers Counsellers and Judges thus nominated and regulated in and by Parliament at this present surely none at all In the Parliament Rolls of 4. H. 6. num 8. I finde a Commission granted to John Earle of Bedford under the great Seale which was read in Parliament to supply the Kings place and power in this Parliament and to doe all that the King himselfe either might or ought to doe therein because the King by reason of his minoritie could not there personally attend to doe it Numb 10. The Commons by a Petition lamentably complained of the great discords and divisions betweene certaine great Lords and privie Counsellors of the Kingdome and more especially betweene the Duke of Glocester Lord Protector and the Bishop of Winchester Lord Chanceilor by which divers inconveniences might happen to the Realme if not speedily accommodated desiring the Duke of Bedford and other Lords to accord them Vpon which the Lord tooke a solemne Oath to reconcile them and made an accord betweene them which you may read at large in Hall Holinshed and other our Historians and in the Parliament Rolls Numb 12. 13. On the 13. day of March Numb 14. The Bishop of Winchester Lord Chancellor of England for certaine causes declared before the Lords in Parliament instantly desired to be discharged of his Office which causes they considering of and allowing he was by the Lords discharged from his said Office and the same day in like manner the Bishop of Bathe Treasurer of England requested to be freed from his Office which was that day done accordingly Numb 14. On the eighteenth day of March Iohn Bishop of Bathe and Wells late Treasurer of England by vertue of a privie seale directed to him brought the Kings great golden seale sealed up in a leather Bagge into the Parliament and really delivered it to the Earle of Bedford the Kings Commissary who receiving it of the said Bishop caused it to be taken out of the Bagge and to be seene of all and then to be put into the Bagge againe who sealing the Bagge with his signet he delivered it to be kept to the Bishop of London then CHANCELLOR OF ENGLAND BY ADVICE and ASSENT of the Lords spirituall and temporall in that Parliament Numb 18. The King by the advise of the Lords spirituall and temporall and by the assent of the Commons in Parliament makes an exchange of Lewes de Buâ—bon Earle of Vandosme taken prisoner at the battell of Agencourt for the Earle of Huntingdon taken prisoner by the French releasing the said Earle Vandosme of his Ransome and Oath Numb 19. The Duke of Bedford Constable of the Castle of Berwicke petitioned that the King BY AVTHORITY OF PARLIAMENT in regard of his absence from that charge by reason of his continuall imployments in the Kings service in France and elsewhere might license him to make a Lieutenant under him to guard that Castle safely Vpon which Petition the Lords spirituall and temporall granted him power to make a sâ—fficient Lieutenant such as the Kings Counsell should allow of so as the said Lieutenant should finde such reasonable sureties for the safe keeping of the said Castle as the Kings counsell should approve And in this Parliament BY ASSENT OF THE THREE ESTATES OF ENGLAND Richard Beauchamp Earle of Warwicke was ordained to be Governour of the young King in like
Realme of England have heretofore suffered throught default of the law that failed in divers cases within the said Realm our soveraign Lord the King for the amendment of the land for the reliefe of his people and to eschew much mischiefs dammages and dis-inherisons hath provided established these Acts underwritten willing and commanding that from henceforth they be firmely kept within this Realme The Statutes of Westminster 2. in his 13. year begin thus Whereas of late our soveraigne Lord the King c. calling his Counsell at Glocester and considering that divers of this Realm were disherited by reason that in many cases where remedy should have been had there was none provided by him nor his Predecessors ordained certaine statutes right necessary and profitable for his Realm whereby the people of England and Ireland have obtained more speedy Iustice in their oppressions then they had before and certaine cases wherein the law failed did remaine undetermined and some remained to be enacted that were for the reformation of the oppressions of the people our soveraigne Lord the King in his Parliament holden c. the 13 ear of his reign at Westm. caused many oppressions of the people and defaults of the lawes for the accomplishment of the said statutes of Glocest to be rehearsed and thereupon did provide certaine Acts here following The sâ—atute of Quo Warranto An. 1278. the 6. year of this King made at Glocest. hath this exordium The King himself providing for the wealth of his Realm and the morefull administration of Iustice AS TO THE OFFICE OF A KING BELONGETH the more discreet men of the Realm as well of high as of low degree being called thither it was provided c. The staâ— of York 12 E. 2 hath this Prologue Forasmuch as people of the Realm of England and Ireland have heretofore suffered many times great mischiefs damage and disherison by reason that in divers cases where the law failed no remedy was purveyed c. our soveraign Lord the King desiring THAT RIGHT BE DONE TO HIS PEOPLE at his Parl. holden at York c. hath made these Acts statutes here following the which he willeth to be straitly observed in his said Realm In 9. Ed. 3. in a Parliament held at York the Commons desired the King in the said Parliament by their Petition that for the profit and commodity of his Prelates Earls Barons and Commons of his Realm it may please him WITHOVT FVRTHER DELAY upon the said grievances and outrages to provide remedy our soveraign L. the K. desiring the profit of his people by the assent of his Prelates c. upon the said things disclosed to him found true to the great hurt of the said Prelates c. and oppression of his Commons hath ordained and established c. In 10. E. 3. stat 1. there is this introduction Because our Soveraigne Lord the King Edw. 3. WHICH SOVERAIGNLY DESIRETH the maintenance of his peace and safeguard of his people hath perceived at the complaint of the Prelates Earls Barons and also at the shewing of the Knights of the shires and the Commons in their Petition put in his Parliament c. divers oppressions and grievances done to his people c. COVETING to obvent the malice of such felons and to see a covenable remedy hath ordained c. for the quietnes and peace of his people that the articles underneath written be kept and maintained in all points 14. E. 3. stat 1. To the honor of God c. the King for peace and quietnesse of his people as well great as small doth grant and establish the things underwritten The like we have in 15. E. 3. stat 1. and in this kings Proclamation for revoking it there is this passage We considering how BY THE BOND OF OVR OATH WE BE BOVND TO THE OBSERVANCE AND DEFENCE OF THE LAWES AND CVSTOMES OF THE REALME c. So in 20. E 3. Because that by divers complaints made to us we perceived that the law of the land which WEE BY OVR OATH BE BOVND TO MAINTAINE is the lesse well kept and the execution of the same disturbed many times c. WE GREATLY MOVED OF CONSCIENCE IN THIS MATTER and for this cause desiring as much for the pleasure of God and ease and quietnesse of our Subjects AS TO SAVE OVR CONSCIENCE AND TO KEEPE OVR SAID OATH by the assent of the great men and other wise men of our Counsel we have ordained these things following 23. E. c. 8. That in no wise ye omit the same as ye love us and the Commonwealth of this Realme 25. E. 3. stat 2. Because that statutes made and ordained before this time have not been holden and kept as they ought to be the King willing to provide quietnesse and common profit of his people by the assent c. hath ordained and established these things under-written The passage in the statute of Provisors 25. E. 3. Parliam 6. is notable Whereupon the said Commons have prayed our Soveraigne Lord the King that SITH THE RIGHT OF THE CROWNE OF ENGLAND AND THE LAW OF THE SAID REALME IS SVCH that upon the mischiefes and dammages which hapneth to his Realme HE OVGHT AND IS BOVNDEN OF THE ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TO MAKE REMEDY AND THE LAW OF VOIDING THE MISCHIEFES and dammages which thereof commeth that it may please him thereupon to ordain remedie Our Soveraigne Lord the King seeing the mischiefes and dammages before named and having regard to the statute made in the time of his Grandfather and to the cause contained in the same which statute alwayes holdeth his force and was never defeated nor annulled in any point and by so much AS HE IS BOVNDEN BY HIS OATH TO DOE THE SAME TO BE KEPT AS THE LAW OF THIS REALME though that by sufferance and negligence it hath been attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great dammage and mischiefs which have hapned and daily do happen to the Church of England by the said cause By assent of the great men and Commonalty of the said Realm to the honor of God and profit of the said Church of England and of all his Realme hath ordered and established c. 28. E. 3 The King for the common profit of him and his people c. hath ordained 36. E. 3. To the honour and pleasure of God and the amendment of the outragious grievances and oppressions done to the people and in reliefe of their estate King Edward c. grantâ—d for him and his Heires for ever these Articles underwritten 1. R. 2. To the honour of God and reverence of holy Church for to nourish peace unity and concord in all the parts within our Realm of England which we doe much desire We have ordained c. 3. R. 2. For the honour of God and of holy Church
which the Bishops became his Pledges and the King appointed a meeting at Westminster on a set day betweene Him and the Lords whereupon the Earle surrendred the Castle to the King upon Oath made by the Bishops that it should be restored at the day But the King refusing to deliver the Earle the Castle according to promise and threatning to subdue his other Castles the Earle hereupon raiseth his Forces winnes his Castle againe routs divers of the Kings Forraigne Forces at Gorsemond Monmouth and other places and invaded the lands of his Enemies Vpon this occasion Frier Agnellus or Lambe acquaints the Earle what the King together with his Counsell and Court thought of his proceedings to wit that the King said he had proceeded over traiterously and unjustly against him yet he was willing to receive him into favour if he would wholly submit himselfe to his mercy and that others held it not just safe and profitable for him to doe it because he had done wrong to the King in that before the King had invaded his Lands or Person he invaded and destroyed the Kings Lands and flew his men and if he should say he did this in defence of his body and inheritance they answered no because there was never any plot against either of them and that were it true yet he ought not thus to breake forth against the King his Lord untill hee had certaine knowledge that the King had such intensions against him ET EX TVNC LICERET TALIA ATTEMPTARE and from thenceforth he might lawfully attempt such things by the Courtiers and Friers owne Confessions Vpon which the Marshiall said to Frier Lambe To the first they say that I ought to submit my selfe because I have invaded the King it is not true because the King himselfe though I have beene ever ready to stand to the Law and judgement of my Peeres in his Court and have oft times requested it by many messengers betweene us which he alwaies denied to grant violently entred my Land and invaded it against all justice whom hoping in humility to please I freely entred into a forme of peace with him which was very prejudiciall to me wherein he granted that if on his part all things were not punctually performed toward me I should be in my pristine state before that peace conclâ—ded namely that I should be without this homage and obsolved from my allegiance to him as I was at first by the Bishop of Saint Davids Seeing then hee hath violated all the Articles of the Peace IT WAS LAWFVLL FOR ME According to my agreement to recover what was mine owne and to debilitate his power by all meanes especially seeing he end eavoured my destruction dis-inheritance and seizing of my Body of which I have certaine intelligence and am able to prove it if neede be And which is more after the 15. daies truce before I entred Wales or made any defence he deprived me of the Office of Marshall without judgement which belongs to me and I have enjoyed by Inheritance neither would he by any meanes restore mee to it though required Whence I have plainely learned that he will keepe no peace with me seeing since the Peace hee handles me worse then before Whereby I ceased to bee his Subject and was absolved from his homage by him Wherefore it was and is lawfull for me to defend my selfe and to withstand the malice of his Counsellors by all meanes And whereas the Kings Counsellors say it is profitable for me to submit to the Kings mercy because he is more rich and powerfull then I am It is true the King is richer and more potent then I but yet he is not more powerfull then God who is Iustice it selfe in whom I trust in the confirmation and prosecution of my right and of the Kingdomes And whereas they say the King can bring in Strangers of his kinred who are neither Scots nor French nor Welsh who shall make all his foes his Foot-stoole and come in such multitudes as they shall cover the face of the earth and that he can raise seven men to my one I neither trust in Strangers nor desire their confederacie nor will I invoke their aide Vnlesse which God forbid inopinata immutabili fuero compulsus necessitate I shall be compelled by a sudden and immutable necessity and I beleeve by his Counsells ill advise he will quickly bring in such multitudes of Strangers that he will not be able to free the Kingdome of them againe for I have learned from credible men that the Bishop of Winchester is bound to the Emperour that the will make the Kingdome of England subject to him which God in his providence avert And whereas they say That I may confide in the King and his Counsell because the King is mercifull credible c. It may well be that the King is mercifull but he is seduced be the Counsell of those by whom we feele our selves much hurt and he is Noble and credible whom God long preserve so as much as in him lies but as for his Counsell I say that no one promise made to me was ever yet kept and they have violated many corporall Oathes made to me and the Oathes they tooke for observing Magna Charta for which they remaine excommunicate and perjured Yea they are eâ—jured concerning the faithfull Counsell which they have sworne to give to our Lord the King when as they have wilfully given him the Counsell of Achitophel against justice and corrupted the just Lawes they have sworne to keepe and introduced unusuall ones for which and for many other things for which neither God nor man ought to trust them or their complices are they not every one excommunicated Rumor de veteri faciet ventura timeri Cras poterunt fieri â—urpia sicut heri Faelix quem faciunt aliena pericula cautum Whereas the said Counsellors of the King say that I invaded the Kings body at Gorsmund Castle before the King had entred my Land and so I did injurie to the King for which I ought to implore his mercie least others should take example thence to raise up Armes against the King I answer that I was not there in person and if any of my Family were there by chance they invaded onely the Family of the King not the person of the King which yet if they had done it were no wonder seeing the king came with his Army into my Land that he might invade me and oppresse me by all the meanes he could which may appeare to all by the tenor of his Letters by which hee made a generall assembly throughout England against my Army And since the premises objected against mee are false and it is true that the King hath treated me worse since the time I expected his mercy then any time before and doth yet use the same Counsell as then and since he endeavours precisely to follow their Counsels in all things by whose advise I suffer all the premised
grievances I ought not to prostitute my selfe to his mercy Neither would this be for the Kings honour that I should consent unto his will which is not grounded upon reason Yea I should doe an injury to him and to Iustice which he ought to use towards his Subjects and to maintaine And I should give an ill example to all by deserting Iustice and the prosecution of right for an erronious will against all Iustice and the injury of the Subjects For by this it would appeare that we loved our worldly possessions more then Iustice it selfe And whereas the Kings Counsellours object that wee have combined with the Kings capitall enemies namely the French Scots Welsh out of hatred and dammage to king and kingdome That of the French is altogether false and that of the Scots and Welsh too excepting the king of Scots and Leoline Prince of North-â—ales who were not the kings enemies but faithfull friends untill by injuries offered them by the King and his Counsell they were by coertion against their wills alienated from their fidelitie as I am And for this cause I am confederated with them that we may the better being united then separated regaine and defend our rights of which we are unjustly deprived and in a great part spoiled Whereas the Kings Counsell propose that I ought not to confide in my Confederates because the King without any great hurt to his Land can easily separate them from my friendship Of this I make no great doubt but by this the iniquity of his Counsellors doth most of all appeare that in some sort they would cause the King to sustaine losse by those whom he specially calls capitall enemies to injure mee who have alwaies beene his faithfull Subject whiles I remained with him and yet would be so if he would restore to me and my friends our right Whereas the said Counsellors say that the Pope and Church of Rome doe specially love the King and kingdome and will Excommunicate all his adversaries which thing is even at the dores because they have already sent for a Legate It pleaseth mee well said the Marshall because the more they love the King and kingdome by so much the more will they desire that the King should treat his Realme and Subjects according to justice And I am well pleased they should excommunicate the adversaries of the Kingdome because they are those who give Counsell against Iustice whom workes will manifest because Iustice and Peace have kissed each other and because of this where Iustice is corrupted Peace is likewise violated Also I am pleased that a Legate is comming because the more discreet men shall heare our justice by so much the more vilely shall the adversaries of Iustice be confounded In which notable discourse we see the lawfullnesse of a necessary defensive Warre yeelded and justified both by the King his Counsell and the Earle Marshall as well against the King himselfe if he invade his Subjects first as any of his Forces who assist him After which the Marshall flew many of his Enemies by an Ambufâ—ado while they thought to surprise him and wasted and spoiled their goods houses lands observing this generall laudable rule which they made to doe no hurt nor ill to any one but to the Kings evill Counsellors by whom they were banished whose goods houses woods Orchards they â—poiled burnt and rooted up The King remaining at Glocester heard of these proceedings of the Marshall but his forces being too weake he durst not encounter him but retired to Winchester with Bishop Peter confounded with over much shame leaving that Country to be wasted by his adversaries where innumerable carcases of those there slaine lay naked and unburied in the wayes being food to the beasts and birds of prey a sad spectacle to passengers which so corrupted the ayre that it infected and killed many who were healthy Yet the Kings heart was so hardned by the wicked councell he followed against the Marshall that the Bishops admonishing him to make peace with him WHO FOVGHT FOR IVSTISE he answered that he would never make peace with him unlesse comming with an halter about his necke and acknowledging himselfe to be a Traytor he would implore his mercy The Marshall both in England and Iâ—eland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmans quod 〈◊〉 sibi de jâ—re quod suum er at reâ—etere posse Regis Coâ—sil orum sicorum modis omnibus quibus poterat infirmare William Roshanger in his continuation of Matthew Paris speaking of the death of Simon Monfort Earle of Leycester slaine in the Battle of Evâ—sham the greatest Pillar of the Barrons warres useth this expression Thus this magnificent Earle Symon ended his labors who not onely bestowed his estate but his peâ—son also for releiefe of the oppression of the poore for the asserting of Iustice and the right of the Realme he was commendably skilfull in learning a dayly frâ—quenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecâ—lesiasticall persons He earnestly adheared to Robert Grosthead Bishop of Lincolne and committed his children to his education By his advise he handled difficult things attempted doubtfull things concluded things begun specially such things whereby he thought he might gaine desert Which Bishop was said to have enjoyned him as he would obtaine remission of his sinnes that he should undertake this cause for which he contended even unto death affirming that the peace of the Church of England could never be estaâ—lished but by thâ— materiall sword and constantly averting THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOME Some say that this Bishop on a time laying his hand on the head of the Earles eldest sonne said unto him O most deare sonne thou and thy father shall both dye on one day and with one hand of death YET FOR IVSTICE AND TRVTH Fame reports that Symon after his death grew famous by many miracles which for feare of the King came not in publicke Thus this Historian thus Robert Grosthead the most devout and learned Bishop of that age who most of any opposed the Popes Vsurpations and exactions determine of the justice and lawfulnesse of the Barons Warres Walter Bishop of Worcester concurring in the same opinion with Grosthead The same author Rishanger records that the Earle of Glocester a great stickler in these warres against the king with whom at last he accorded signified to the King by his Letters Patents under his seale that he would never â—eure Armes against the King his Lord nor against his Sonne Prince Edward NISI DEFENDO but onelâ— in his Defence which the King and Prince accepting of clearely proves that defensive Armes against King or Prince were in that age generally reputed Lawfull by King Prince Prelates Nobles People I may likewise adde to this what I read in Matthew Westminster that Richard Bishop of
Chichester the day before the battle of Lewis against King Henry and his sonne who were taken prisoners in it by the Barons and 20000. of their Souldiers slaine absolved all that went to fight against the King their Lord from all their sinnes Such confidence had he of the goodnesse of the cause and justnesse of the warre In one word the oath of association prescribed by the Barons to the King of Romans brother to King Henry the third in the 43. yeare of his Raigne Heare all men that I Richard Earle of Cornewall doe here sweare upon the holy Evangelists that I shall be faithfull and diligent to reforme with you the Kingdome of England hitherto by the councell of wicked persons overmuch disordered and be an effectuall Coadjutor TO EXPELL THE REBELLS and disturbers of the same And this Oath I will inviolaby observe under paâ—ne of losing all the lands I have in England So helpe me God Which Oath all the Barrons and their associates tooke by vertue whereof they tooke up armes against the Kings ill Councellors and himselfe when he joined with them sufficiently demonstrate their publicke opinions and judgements of the lawfullnesse the justnesse of their warres and of all other necessarie defensive armes taken up by the Kingdomes generall assent for preservation of its Lawes Liberties and suppression of those Rebels and ill Councellors who fight against or labour to subvert them by their policies In the third yeare of King Edward the 2 d this king revoking his great Mynion Piers Gavâ—ston newly banished by the Parliament into Ireland and admitting him into as great favour as before contrary to his oath and promise the Barrons hereupon by common consent sent the King word that he should banish Piers from his company according to his agreement or else they would certainely rise up against him as a perjured person Vpon which the King much terrified suffers Piers to abjure the Realme who returning againe soone after to the Court at Yorke where the king entertained him the Lords spirituall and temporall to preserve the liberties of the Church and Realme sent an honourable message to the King to deliver Piers into their hands or banish him for the preservatioâ— of the peace Treasure and weale of the Kingdome this wilfull King denies their just request whereupon the Lords thus contemned and deluded raifed an army and march with all speede towards New-Castle NOT TO OFFER INIVRIE OR MOLESTATION TO THE KING but to apprehend Peirs and judge him according to Law upon this the King fleeth together with Peirs to Tinemouth and from thence to Scarborough Castle where Piers is forced to render himselfe to the Barrons who at Warwicke Castle without any legall triall by meere martiall Law beheaded him as a subvertor of the Lawes and an OPEN TRAITOR TO THE KINGDOME For which facts this King afterwards reprehending and accusing the Lords in Parliament in the 7 th yeare of his Raigne they stoutly answered THAT THEY HAD NOT OFFENDED IN ANY ONE POINT BVâ— DESERVED HIS ROYALL FAVOVR for they HAD NOT GATHERED FORCE AGAINST HIM though he were in Piers his company assisted countenanced and fled with him BVT AGAINST THE PVBLICKE ENEMIE OF THE REALME Whereupon there were two acts of oblivion passed by the King Lords and Commons assembled in that Parliament Printed in the 2 d Part of old Magna Charta The first that no person on the Kings part should be questioned molested impeached imprisoned and brought to judgement for causing Pierce to returne from Exile or barboring councelling or ayding him bere after his returne The second on the Barons part in these words It is provided by the King and by the Archbishops Bishâ—ps Abbots Priors Earles Barâ—ns and Commons of the Realme assembled according to our Command and unun mously assented and accorded that none of what estate or condition soever he be shall in time tâ— come be appealed or challenged for the apprehending deteining or death of Peirsde Gaveston nor shall for the said death be apprâ—hended nor imprisoned impeached molâ—sted nor grieved nor judgement given against him by us nor by others at our suite nor at the suite of any other either in the Kings Court or elsewhere Which act the King by his Writ sent to the Iudges of the Kings Bench commanding that tâ—is grant and concord shall be firme and stable iâ— all its points and that every of them should be held and kept in per petuitie to which end he commands them to cause this act to be there inrolled and fiâ—mely kept for ever A pregnant evidence that the Barons taking up Armes then against this Traytor and enemie of the Realme in pursuance of the Act and sentence of Parliament for his banishment though the King were in his company and assisted him all he might was then both by King and Parliament adjudged no Treason nor Rebellion at all in point of Law but a just honorable action Wherefore their taking up Armes is not mentioned in this Act of oblivion seeing they all held it just but their putting Piers to death without legall triall which in strictnesse of Law could not be justified Now whether this be not the Parliaments and kingdomes present case in point of Law who tooke up armes principally at first for defence of their owne Priviledges of Parliament and apprehention of delinquents who seducing the king withdrew him from the Parliament and caused him to raise an Army to shelter themselves under its power against the Parliament let every reasonable man determine and if it be so we see this ancient Act of Parliament resolves it to be no high Treason nor Rebellion nor offence against the King but a just lawfull act for the kings the kingdomes honour and safety Not long after this the two Spensers getting into the kings favour and seducing miscouncelling him as much as Gaveston did the Lords and Barrons hereupon in the 14 th and 15 th yeares of his raigne confederated together to live and dye for justice and to their power to destroy the TRAITORS OF THE REALME Especially the two Spensers after which they raised an Army whereof they made Thomas Earle of Lancaster Generall and meeting at Sherborne they plunder and destroy the Spensers Castles Mannors Houses Friends Servants and marching to Saint Albanes with Ensignes displayed sent Messengers to the King then at London admonishing him not onely to rid his Court but Kingdome if the TRAITORS TO THE REALME the Spensers condemned by the Commons in many Articles to preserve the peace of the Realme and to grant them and all their followers Letteâ—s Pattents of indemnity for what they had formerly done Which the King at first denied but afterwards this Armie marching up to London where they were received by the City he yeelded to it and in the 15 th yeare of his Raigne by a speciall Act of Parliament the said Spensers were disinherited and banished the Realme for mis-councelling the king oppressing the people
Mother their own Fathers and many of themselves who thus tooke up Armes and made a defensive kinde of warre upon King â—dwarâ— the 2 d taking him pâ—isoner but onely to Rebellious insurrections of private persons without any publick authority of Parliament or the whole Kingdome in generall and of meere offensive warres against the King without any just occasion hostilitie or violence on the Kings part necessitating them to take up defensive Armes which I humbly submit to the judgement of those grand Rabbies and Sages of the Law and the Honorable Houses of Parliament who are best able to resolve and are the onely Iudges to determine this point in controversie by the expresse letter and provision of 25. Ed. 3. ch 2. of Treasons In the first yeare of king Richard the 2d. Iohn Mercer a Scot with a Navie of Spanish Scottish French ships much infested the Marchants and Coasts of England â—aking many prises without any care taken by the king Lords or Councell to resist them Whereupon Iohn Philpot a rich Merchant of London diligently considering the defect that I say not treachery of the Duke of I ancaster and other Lords who ought to defend the Realme and griâ—ving to see the oppressions of the people did at his proper charge hire a thousand souldiers and set out a fleete to take the said Mercers ships with the goods he had gotten by Pyracie and defend the Realme of England from such incursions who in a short time tooke Mercer prisoner with 15. Spanish ships and all the Booties he had gained from the English whereat all the people rejoyced exceedingly commending and extolling Philpot for the great love he shewed to his Countrey and casting out some reproachfull words against the Nobles and Kings councell who had the rule of the kingdome and neglected its defence Whereupon the Nobility Earles and Barons of the Realme conscious of this their negligence and envying Philpot for this his Noble praise-worthy action began not onely secretly to lay snares for him but openly to reproach him saying That it was not lawfull for him to doe such things without the advise or councell of the King and Kingdome quasi non licuisset benefacere Regi VEL REGNO sine consilio Comitum Baronum writes Walsingham as if it were not lawfull to doe good to the King or Kingdome without the advise of the Earles and Barrons or Lords of the Privie Councell To whom objecting these things and especially to Hugh Earle of Stafford who was the chiefe Prolocutor and spake most against it Iohn Philpot gave this answere Know for certaine that I have destinated my money ships and men to sea to this end not that I might deprive you of the good name and honour of your Militia or warlike actions and engrosse it to my selfe but pittying the misery of my Nation and Country which now by your sloathfulnesse of a most Noble kingdome and Lady of Nations is devolved into so great misery that it lyeth open to the pillage of every one of the vilest Nations seeing there is none of you who will put your hand to its defence I have exposed me and mine therefore for the Salvation of my proper Nation and frâ—eing of my Country To which the Earle and others had not a word to reply From this memorable history and discourse which I have translated verbatim â—ut of Walsingham I conceive it most evident that in the default of king and Nobles it is lawfull for the Commons and every particular subject without any Commission from the king or his Councell in times of iminent danger to take up Armes and raise Forces by Sea or Land to defend the king and his Native Country against invading enemies as Philpot did without offence or crime Then much more may the Houses of Parliament the representative body of the whole kingdome and all private Subjects by their Command take up necessary defensive Armes against the kings Popish and Malignant Forces to preserve the king Kingdome Parliament People from spoyle and ruine In the 8. yeare of King Richard the 2d. there arose a great difference betweene the Duke of Lancaster the king his young complices who conspired the Dukes death agreeing sodainely to arrest and arraigne him before Robert Trisilian Chiefe Iustice who boldly promised to passe sentence against him according to the quality of the crimes objected to him Vpon this the Duke having private intelligence of theâ—r treachery to provide for his owne safety wisely withdrew himselfe and posted to his Castleat Ponfract storing it with Armes and Victualls Hereupon not onely a private but publicke discord was like to ensue but by the great mediation and paines of Ione the kings mother an accord and peace was made betweene them and this defence of the Duke by fortifying his Castle with Armes against the King and his ill instruments for his owne just preservation held no crime If such a defence then were held just and lawfull in one particular Subject and Peere of the land onely much more must it be so in both Houses of Parliament and the Kingdome in case the Kings Forces invade them In the 10 th yeare of King Richard the second this unconstant king being instigated by Michael de la Pole Robert Vcere Duke of Ireland Alexander Nevill Archbishop of Yorke Robert Trysilian and other ill Councellors and Traytors to the kingdome endeavoured to seize upon the Duke of Glocester the Earles of Arundell Warwicke Derby Notingham and others who were faithfull to the kingdome and to put them to death having caused them first to be indighted of High Treason at Nottingham Castle and hired many Souldiers to surprise them Hereupon these Lords for their owne just defence raised Forces and met at Harynggye Parke with a numerous Army whereat the King being much perplexed advised what was best for him to do The Archbishop of Yorke and others of his ill Councell advised him to goe forth and give them battle but his wisest councellors disswaded him affirming that the King should gaine no benefit if hee vanquished them and should sustaine great dishonour and losse if he were conquered by them In the meane time Hugh Linne an old Souldier who had lost his senses and was reputed a foole comming in to the Councell the King demanded of him in jest what hee should doe against the Nobles met together in the saide Parke who answered Let us goe forth and assault them and slay every mothers sonne of them and by the eyes of God this being finished THOV HAST SLAINE ALL THE FAITHFVLL FRIENDS THOV HAST IN THE KINGDOME Which answere though uttered foolishly yet wise men did most of all consider At last is was resolved by the mediators of Peace that the Lords should meete the King at Westminster and there receive an answere to the things for which they tooke Armes thither they came strongly Armed with a great guard for feare of ambuseadoes to intrap them where the Chauncellour
Lawfull but because it is commanded and the Parliaments and Subjects Defensive Armes Vnlawfull but because prohibited by the King whom they falsely affirme to be the highest Soveraigne power in the Kingdome above the Parliament and whole Realme collectively considered But this resistance of the Kings Popish malignant invading Forces is Authorized and Commanded by the expresse Votes and Ordinances of both Houses of Parliament which I have already undeniably manifested to be the Supreamesâ— Lawfull Power and Soveraignest Authority in the Realme Paramount the King himselfe who is but the Parliaments and Kingdomes Publicke Royall Servant for their good therefore this Resistance must infallibly be just and Lawfull even in Point of Conscience Thus much for the Lawfulnesse in Court of Conscience of resisting the Kings unjustly assaulting Forces armed with his Commission I now proceede to the justnesse of opposing them by way of forcible resistance when accompanied with his personall presence That the Kings Army of Papists and Malignants invading the Parliaments or Subjects persons goods Lawes Liberties Religion may even in Conscience bee justly resisted with force though accompanied with his person seemes most apparently cleare to me not only by the preceeding Reasons but also by many expresse Authorities recorded and approved in Scripture not commonly taken notice of as First By the ancientest precedent of a defensive warre that we read of in the world Gen. 14. 1. to 24. where the five Kings of Sâ—dom Gomorrah Admah Zeboiim and Zoar rebelling against Chedorlaomer King of Nations after they had served him twelve yeeres defended themselves by armes and battle against his assaults and the Kings joyned with him who discomfiting these five Kings pillaging Sâ—dom and Gomorrah and taking Lot and his goods along with them as a prey hereupon Abraham himselfe the Father of the faithfull in defence of his Nephew Lot to rescue him and his substance from the enemie taking with him 318. trained men of his owne family pursued Chedorlaomer and the Kings with him to Dan assaulted them in the night smote and pursued them unto Hoba regained all the goods and prisoners with his Nephew Lot and restored both goods and persons freely to the King of Sodom thereby justifying his and his peoples forcible defence against their invading enemies in the behalfe of his captivated plundred Nephew and Neighbors Secondly by the Example of the Israelites who were not onely King Pharaoh his Subjects but Bondmen too as is evident by Exod ch 1. to 12. Deut. 6. 21. c. 7. 8. c. 15. 15. c. 16. 12. c. 24. 18. 22. Ezra 9. 9. Now Moses and Aaron being sent by God to deliver them from their Aegyptian bondage after 430. yeares captivity under colour of demanding but three dayes liberty to goe into the wildernesse to serve the Lord and Pharaoh notwithstanding all Gods Miracles and Plagues refusing still to let them depart till enforced to it by the slaughter of the Egyptians first borne as soone as the Israelites were marching away Pharaoh and the Aegyptians repenting of their departure pursued them with their Chariots and Horses and a great army even to the red Sea to reduce them hereupon the Israelites being astonished and murmuring against Moses giving themselves all for dead men Moses sayd unto the people feare ye not stand still and see the Salvation of the Lord which he will shew to you this day for the Aegyptians whom you have seene to day ye shall see them againe no more for ever the Lord shall fight for you c. And hereupon God himselfe discomfited routed and drowned them all in the red Sea I would demaund in this case whether the Isralites might not here lawfully for their owne redemption from unjust bondage have fought against and resisted their Lord King Pharaoh and his invading Host accompanied with his presence had they had power and hearts to doe it as well as God himselfe who fought against and destroyed them on their behalfe If so as all men I thinke must grant unlesse they will censure God himselfe then a defensive warre in respect of life and liberty onely is just and Lawfull even in conscience by this most memorable story Thirdly by that example recorded Iudges 3. 8. 9. 10. where God growing angry with the Israelites for their Apostacie and Idolatry sold them here was a divine title into the hands of Cushan-Rishathaim King of Mesopotamia and the children of Israel served him 8. yeares Here was a lawfull title by conquest and 8. yeeres submission seconding it But when the children of Israel cryed unto the Lord the Lord raised up a deliverer to them even Othniel the sonâ—e of Kenaz and the Spirit of the Lord came upon him and he went out to warre and the Lord delivered Cushan-rishathaim King of Mesopotamia into his hands and his hand prevailed against him so the land had rest 40. yeeres Loe here a just defensive warre approved and raised up by God and his Spirit in an ordinary manner only as I take it by encouraging the Instruments wherein a conquering King for Redemption of former liberties is not onely resisted but conquered taken prisoner and his former dominion abrogated by those that served him as conquered subjects Fourthly by the example of Ehud and the Israelites Iudges chap. 3. 11. to 31 where we finde God himself strengthning Eglon King of Moab against the Israelites for their sinnes who thereupon gathering an Army smote Israel possessed their Cities so as the Israelites served this King 18. yeeres Here was a title by conquest approved by God submitted to by the Israelites yet after all this when the children of Israel cryed unto the Lord he raised them up a deliverer namely Ehud who stabbing Eglon the King in the belly under pretext of private conference with him and escaping he thereupon blew the trumpet commanded the Israelites to follow him to the warre slew ten thousand valiant men of Moab which he subdued and procured rest to his Country 40. yeeres God his Spirit Word approving this his action Fifthly by the example of Barack and Deborah Iudges ch 4. and 5. Where God selling the children of Israel for their sinnes into the band of Iabin King of Canaan and his Captaine Sisera for 20. yeeres space during which he mightily oppressed them hereupon Barack at the instigation of the Prophetesse Deborah by the command of the Lord God of Israel gathered an Army of ten thousand men which Sisera and the King of Canaan hearing of assembled all their Chariots and Army together at the River of â—ishon where the Lord discomfited Sisera and all his Host with the edge of the sword before Barack his Army and subdued Iabin the King of Canaan before the children of Israel which warre is by a speciall Song of Deborah and Barack highly extolled and God in it as most just and honorable and this curse denounced against those that refused to assist in it Iudges 4. 23. Curse ye Meroz saith the Angel of the Lord curse ye
to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled shâ—uld lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the Country of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwickâ— Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about iâ— The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumber land and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Bâ—rges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if
Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an Aâ—my of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpat as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note informer in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of Late yeers thâ—y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of the Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readily submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declarations Proclamations Inhibitions in His Majestieâ—s Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis talia fando tempâ—ret a lachrymis Adde to this That the Lords Iustices and Councell in Ireland the twenty nine of Iune 1643 have without authoritiâ— of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledgâ— That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortigâ—rne Sigebert Osred Ethelred Bâ—ornard Leowâ—lfe Edwine whom thâ—y deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King Iohn Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sintit commodum sentirâ— debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemiâ—s granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of Wâ—oll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a â—leet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they fearâ—d not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privatâ—ly with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was taken prisoner by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Iustices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Wooâ—â—des of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silvâ—r Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very
usurpation as many conceive it not of right by their Parliaments and kingdomes free grants and consents they are still in truth of no greater Authority nor no more exempted from iust censures then their predecessours Now it is clear that in ancient times the 3. Estates and great Councell of France assembled in Parliament and their twelve Peeres or kings as Fabian termes them were the highest power and judicature from which there was no appeale that the Kiâ—gs of France could make no binding Lawes but by their Authority though now of late they doe what they please and that they have judged the differences between the Crownes of England and France as I have formerly proved and exercised the same or as great authority as the Parliament of England hath done which authority it hath lost by certaine degrees To give a few more instances to cleare this truth Pharamond the first King of the Franks that Reigned in France An. 420. was elected King by the unanimous vote and consent of all the people and by their advice and consent in his Raign the Salique Law was made to Regulate the discent of the Crowne that no women should be heires to it or claime it by discent which Law continues of force unâ—ill this day as all the French historians generally accord who make frequent mention of it though our English have much oppugned it as you may read in Hall and Speed Childericus the fourth King of France about the yeare 460. giving himselfe to all vice and cruelty in such extreame wise that hee became odible to his subjâ—cts percâ—iving the murmur of the people and fearing his sudden destruction by the counsell of Guynemeus fled out of his kingdome to Beseigne king of Thuringes Whereupon the French-men with one assent chose Gyll a Roman for their King and governour who laying grieveous Taxes upon his Subjects by the fraudulent counsel of Guynemeus a fast friend to Childericus and using sharp execution upon some of the Nobles so farre discontented his subiects that by the helpe of Guynemeus they deposed and chased him into Soysons and sending for Childericus againe restored and made him King after whose death his sonne Clodoviuâ— was by the people ordained and authorised for King of France between whose foure sonnes it was afterwards divided After the death of Chilpericus Clotharius being very young Gunthranus king of Orleans his uncle with the assent of the Nobles of the Realme was made his Tutor who comming to age hee offered to referre the differences between Sigebert and himselfe touching Austracy to which both laid claime to an Assembly of the Lords of that Kingdome and condemned Queen Brunicheild by the unanimous consent of the Lords to bee tyed by the haire of her head to a wilde horse taile and so to be drawed while shee was dead for her many murthers and criminous deeds which was accordingly executed King Dagobert exercised such tyranny and iniustice in pillaging his commons by Exactions and Tributes that those who dwelled in the out parts of the Realme neere the Turkes and other strange Nations chose rather to put themselves under their government than under the Rule of their owne naturall prince Poytiers rebelled against him his Lâ—ds murmured so much against him that Pipin and Martain two of his great Lords and agents to save his Crown dissuaded him from his ill counsells whence a little before his death calling a great counsell of his Lords Spirituall and Temporall hee made his will and setled his Kingdome by their advice dividing it between his two sonnes Theodoricus king of France giving himselfe to sloath and idlenesse committed the government of the Realme to Ebroyn Mr. of his Palace who did what he liked and vexed and troubled the Subiects grievously wherefore by assent the Lords assembled them and by authority deprived the King of all Dignity and closed him in a Monastery during the residue of his life when he had borne the name of a King without executing of the art thereunto belonging three yeares the cruell Ebroyn they exiled to Luxenbourgh during life making Childericus brâ—ther to Theodericus King Ann. 669. who oppressing his subiects grievously and using the Lawes of his progenitors after his pleasure and uniustly causing a Noble-man called Belin to bee tyed to a stake and beaten to death without guilt or Trespasse Hereupon the Lords and Commons fearing like punishment without deserving murmured and conspired against him and slew him and his wife then great with Childe as they were hunting in a wood After which they restored Theodericus whom they had deposed to his former dignity under whom Ebroyn getting into place and favour againe used such Tyrannie towards the Nobles and People that Pipin and Martaine raised a great army against him lest he should destroy the Common-weale gave him battell and at last Hermefreditus slew him After which Pipin was made Master of the Palace in his place K. Dagobert the second dying without any Issue or knowne Heâ—re at all one Daniel after named Chilpericke a Priest was by the Lords and peoples generall assent chosen King of France Anno 721. for that by their former experience of him they deemed him apt for the rule of the Land After whose death Theodoricus sonne to Dagobert secretly fostered among Nunnes within Nunneries in womans cloathing was espied and admitted for King During most of the forenamed Kings the grand Master of the Palace swayed the Kingdome at his pleasure and executed the Office of the Kings who had nothing but the bare name of Kings and were subject to this grand Officer Whereupon Theodoricus dying Childericus his sonne being a Sott and for his dulnesse unfit to governe Charles Martell Master of the Palace who swayed all things in Theodoricus raigne deceasing his two sons Charlemaine and Pipin by the advice of the Nobles of the Land considering the insufficiency of the King to rule so great a charge divided the Land of France betweene them so that either of them should under the King Rule and Governe such proportion as then there was to them appointed Charlemayne soone after renounced his Government and turned Monke and Pipin as onely Ruler tooke upon him the charge of the whole Realme Pipin then considering in his minde in what danger and trouble before him his Father and he now had ruled the Land and that the King to whom belonged all the charge kept his Palaces and followed all his delights and pleasures without taking any paine for reformation of the same sent an ambassage to Pope Zachary asking his advice in point of conscience Whether it were more necessary or wealfull for the Realme of France that he should be admitted for King that did nothing but apply his minde to all bodily pleasures without care and charge taken upon him for the guarding of the Land and the People of the same or he that tooke upon him all the charge and paine in defence of the Land and keeping of the
the Duke sent out Commissions and assembled the Three Estates againe at Paris the 15. day of February Where in the parliament chamber in the presence of the Duke Estates and divers Nobles Robert Coke Bishop of Laon by command of the Duke made a long Oration of the misguiding the King and the Land by meanes of evill Officers as well by changing of money as other many unlawfull Excises and Taxes to the great impoverishment of the Commonalty of the Realme and to the singular enriching and advancement of the said Officers Wherefore the Three Estates prayed that all such Officers may be removed from their Offices and other that shall be thought more beneficiall for the King and his Realme to be admitted Of which Officers the Archbishop of Roan then newly made Cardinall was noted for one and other to the number of 21. whereof some were right neere to the Duke After which Oration Sir Iohn de Pigquine in the name of the Three Estates offered That the Three Estates should finde to the King 30000. men for an whole yeare so as all things might after that day be ordered as the Bishop had before devised All which Articles were unto them by the Duke granted and incontinently all such Officers as they before had named were cleanly avoided and other such as by the said 3. Estates were thought most necessary were put and chosen to their roomes except that some of the old as Masters of Accounts and some of the Prâ—â—sidents and Masters of the Requests were holden in for a time to shew unto the new how they should order and guide their said Offices And the 26 of March was a new money proclaimed thorow Paris such as the said 3. Estates had newly devised The King informed of this sends the Archbishop of Sennes and two Earles from Burdeaux where he was prisoner with a Proclamation which they caused to be proclaimed in Paris the 6. of April That the people should not pay such Subsidies as the 3. Estates had ordained for the waging of the 30000. men aforesaid or for the Kings fine and also that the 3. Estates after that day should no more assemble for any causes or matter before touched till they had farther knowledge of the Kings pleasure For which Proclamation the Citizens of Paris much blamed the said Bishop and Earles who purchased it who as soone as this Proclamation was made for feare of the people fled from Paris Vpon this Proclamation the Commons waxed so mad that they left their occupations drew them to Conventicles and Companies and used many unfitting words of the King and his Counsell Whereupon to avoid inconvenience the Duke commanded a Watch to be kept in the City day and night and certaine Gates of the City to bee kept shut Vpon the 9. day of April another Proclamation was made all contrary to that other By vertue whereof it was charged that the fore-said Subsidies should bee levyed and also that the 3. Estates shouldre-assemble at Paris the 5. day after Easter and there to proceed upon all such matters as were before by them begaâ— When the Estates meet againe there grew a difference between them and the Duke about the subsidies for the finding of 30000. men the summe assessed for that puâ—pose being too small by much the Clergy and Lords thâ—n refusing to pay any more then they were first sessed unto By meanes of which difference the assembly of State was dissolved Whereupon strait command was given by the Duke to the Provost of Paris and others who bare principall sway within the City and were great stricklers and doers in the Assemblies of the 3. Estates so that much of the businesse was ruled by them and their meanes that they should cease their Authority and not to deale any more with the rule of the Realme but onely with the good rule and government of the City of Paris That done the Duke rode about to divers good Townes making request to them for ayde and to have this new money currant among them But he sped little of his purpose Then shortly after he assembled at Paris certaine person of 20. or 30. Townes next adjoyning with whom he held a Counsell for sundry dayes who in the end shewed him that they might bring no thing to effect without the assembling the 3. states besought him that they might be eft-soon assembled trusting that they would then satisfie his minde Upon which the Duke sent forth Commissions charging the said 3. Estates to appeare before him at Paris the next Wednesday after All Saints day which they did where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content who promised that they would demeane themselves to his Father and him as true and dutifull Subâ—ects and advising 〈◊〉 to take upon him the Government of the Realme they created him Regent of France during his fathers imprisonment After this hee assembled the Estates and chiefe Burgesses of Cities at Paris and acquainted them with the King of Englands large demands for his fathers inlargement which were so displeasing to all the company that they answered The said Treatie was neither honourable nor profitable And rather then the King should binde him and his land to such inconveniences they would prepare to mâ—ke sharpe Warre against England whereupon they granted to finde divers thousands of men at Arms at their owne costs for certain moneths to relieve the King And at another Parliament assembled when Iohn was dead and Charles came to the Crowne they granted an excise of every 4 penny of all things bought and sold for the maintenance of his warres the spiritualty granted him a disme and the Lords and Gentlemen were stinted at a certaine And in the eleventh yeare of his reigne he assembled his great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicâ—gerent was by the advice of the major part of the Lords
grievously discontented removed divers from their offices and put many of the richest and head men of the citie to death upon surmised causes without proofs of justice For which causes and many other oppressions the Lords againe assembled their people intending to subdue the king and to set his brother in his place or to cause him otherwise to rule the Commonwealth To which end all the Lords met at a Towne called Stampes where they continued their Councell fifteene dayes and then marched to Paris sending four severall letters unto the citie one to the Bishops and spirituall men the second to the Consulls and headmen the third to the Vniversitie the fourth to the Commonnalty signifying That neither they nor any of their company were come thither as enemies to the Citie or to warre against it or the Commonwealth of the Land but for the increase and augmentation thereof to the uttermost of their powers VVhereupon these foure parties sent certaine Orators for them to the Lords who after long communication with them had returned to the citie with this report First the Lords would that the inhabitants of the City should consider the conditions of the King which yearly oppressed his Subjects with taxes and other grievous servages Secondly how he despised the noble bloud of his Realme and drew to him villaines and men of no reputation by whose counsell onely all the Common-weale of the Land was guided and ruled Thirdly how hee ruled his Subjects by force and will without administration of justice and himself in all Counsels and Parliaments is Iudge of all causes and calleth himselfe Counsels and Parliaments more for this singular weale then for the Common-weale of his Realme Fourthly how he enhaunsed men of low birth to great honours and caused Noblemen to be obedient unto them intending to bring the said ignoble men to be equall with the Princes of the Land Fifthly how the Lawes be delayed and bolstered by such as stand in his favour wherethrough at this day Law is will and will is Law and no man almost in any surety of life or goods insomuch that daily many have been banished and put to death for unlawfull causes and also to any Noble-man at this day no power or roome of honour belongeth so that to the wild Beasts in the Forrests appertaineth more Liberty and surety then to the more party of the Kings subjects Sixthly The great taxes and summes of money which daily be levied of the Commons be not spent in the Kings honourable needs and for the Commonweale of the Realme but are spent vainly and riotously and bribed out of the Kings Coffers for which enormities and misgovernance with many other the said Lords were come thither in defensible wayes for the safeguard of their owne persons as to the head and principall City of the Realme for to have aide and Counsell to reforme the foresaid evills not intending any harme to the Kings person or yet to remove him from his regality or Kingly Majestie but to induce and advertize him to that which should be for his honour and the weale of his Realme and to live in wealth and honour as his Noble Progenitors lived before him For which causes and considerations the said Lords as the Kings true Subjects and friends to the Commonwealth of the Land and of that City desired to enter there to refresh them and their people and to pay truly for all things they should take without doing harme or violence to any person All which requests and matters of the Lords shewed to the Inhabitants of the City by fauour of some friends they there had it was with the more partie well accepted and thought convenient they should be received into the Citie but by meanes of the Earle of Davoise it was respited till they had further knowledge of the Kings pleasure who comming out of Normandie into Paris after diuers Skirmishes the King and Lords fell to a Treaty of peace whereupon Commissioners on both sides assembled and communed together by sundry times two dayes In which season new strength of Souldiers came to the King out of Normandâ— The Treatie hanging long and a longer Truce being proclaimed the souldiers fell to robbing and other unlawfull acts and at last through obstinacy on both parties all offers were refused and the day of the Truces expiration approached without hope of accord whereupon provisions for warre were made on both sides Then begun gâ—udges and murmures betweene the kings souldiers and the citizens of Paris and shortly after newes came to the king that the Castle and Citie of Roan was yeelded up to the Duke of Burbon VVhereupon the King considering what great advantage the Lords had of him both by strength and favour of the Commons which daily drew unto them by sundry companies in avoiding of more danger concluded a peace which being proclaimed thorowout all France the King and Lords met to whom the King shewed great semblance of kindenesse specially to his brother Charles Duke of Normandy wherein appeared great dissimulation Lewes being of such conditions That what he might not overcome with strength he would win with dissimulation and treachery Not long after the King warred upon Charles his brother the Duke of Burgundy and Brittaine and a Treaty of peace being propounded betweene them Charles answered That if a perfect concord should be established between the King and him it should be authorized by the whole consent and counsell of the Barons of the Realme VVith which the King being content at Turon in the moneth of April aâ—d tenth yeare of his reigne assembled a counsell of his Lords spiâ—tuall and temporall in the which the demands of Charles and offers of the king were shewed And after the said Counceâ—l had at length reasoned the said demands and offers it was finally determined That the Dutchy of Normâ—ndy was so appropriated unto the King of France and to his heires that in â—o wise it might be dissevered from the Crowne but that a perfect unitie might be had betweene the King and his brother the King should be instanced to give yearly to his brother in recompence of the said Dutchy 12000 pounds of Turon money with certain land to be assigned with the name of a Duke and 40000 annâ—all rent of like money during his naturall life for such portion as he claimed to be his right within the Realme To all which the king agreed and to pardon the Duke of offences against his Majestie and all such Lordships as he had wonne from him in Britaine to restore which offers Charles refusing was the yeare following contented with the Dutchy of Guyan onely and so the warre of Normandy ceased After Lewes his death most of his speciall and dearest beloved Servants and ill Councellours whom he specially recommended to his sonne Charles the ninth on his death-bed came to disgracefull ends Oliver Damman was beheaded for Treason and Iohn Doyacon for trespasse and hatred unto the common people by his desert was
with all shame brought to the Market place at Paris and there bereft of both his ears and then banished the Court for ever by reason whereof arose this proverbe among the Frenchmen Principibus obsequi haeredit arium non esse The favour of Princes is not hereditary Philip de Commines living under Lewes the eleventh and Charles the eighth by whom he was made Lord of Argenton being in high favour with them and a great Councellor of State hath this notable passage against the French Kings power then to impose any taxes on their Subjects without their free assents in a Parliament of the 3. Estates though the contrary be now daily practised to the intollerable grievance of the subjects Is there any King or Prince that hath power to leavie one penny upon his subjects besides his demains without leave or consent of those that must pay it unlesse it be by tyrannie and violence A man will say that sometime a Prince cannot tarry to assemble his Estates because it would require too long time Whereunto I answerâ— That if he move a Warre offensive there needeth no such haste for he may have leisure enough at his owne pleasure to make preparation and further he shall be much stronger and much more feared of his enemies when he moveth warre with the consent of his subjects then otherwise Now as touching a warre defensive that Cloud is seene long before the tempest fall especially when it is a forraine warre and in this case good subjects ought not to complaine nor to refuse any thing that is laid upon them Notwithstanding such invasion cannot happen so suddenly but the Prince may have leisure at the least to call together certaine wise personages to whom he may open the causes of the warre using no collusion therein neither seeking to maintaine a trifling warre upon no necessitie thereby to have some colour to leavie money Money is also necessary in time of peace to fortifie the Frontiers for defence of those that dwell upon them lest they be taken unprovided but this must be done measurably In all these matters the wisdome of a sage king sufficeth for if he be a just Prince he knoweth what he may do and not do both by Gods Lawes and mans To be short in my opinion of all the Seniories in the world that I know the Realme of England is the Countrey where the Commonwealth is best governed the people least oppressed and the fewest buildings and houses destroyed in civill warre and alwayes the lot of misfortune falleth upon them that be authors of this warre Our King is the Prince in the whole world that hath least cause to alledge that he hath priviledges to leavie what the listeth upon his subjects considering that neither he nor any other Prince hath power so to doe and those that say he hath do him no honour neither make him to be esteemed any whit the mightier Prince thereby but cause him to be hated and feared of his neighbours who for nothing would live under such a government But if our King or those that seeke to magnifie and extoll him should say I have so faithfull and obedient subjects that they deny me nothing I demand and I am more feared better obeyed and better served of my subjects than any other Prince living they endure patiently whatsoever I lay upon them and soonest forget all charges past This me thinks yea I am sure were greater honour to the King then to say I leavie what I list and have priviledge so to doe which I will stoutly maintaine King Charles the fift used no such termes neither did I ever heare such language proceed from any king but from divers of their servants who thought they did their Master great service in uttering such speeches but in mine opinion they misbehaved themselves towards their Prince and used such language partly because they would seeme to be good servants and partly because they knew what they said But for a manifest proofe of the French mens loyaltie and obedience to their Prince we need alledge none other example then that we have seene our selves of late by experience when the Three Estates were assembled at Towrs after the death of our Master King Lewes the eleventh which was in the yeare of our Lord 1483. A man might have thought this good assembly to be dangerous for the kings estate yea and divers there wereof mean calling and lesse honesty that said then and often said since That it is Treason to make mention of assembling the Estates and a thing tending to the diminishing of the Kings authoritie but themselves are those that worke Treason against God the king and the Common-wealth neither doe any use these speeches but either such as are in authorities without desert and unworthy thereof or such as are common Tale-carriers and accustomed to talke of trifling matters or such as feare great assemblies lest their doings should there be ripped up and reprehended c. Charles the eighth of France beeing but thirteene yeares of age when the Crowned descended to him hereupon in the year 1484. a generall Parliament was held at Towrs with more free accesse then had beene usuall yet not so effectuall as was expected every one seeking rather to maintaine his private authoritie then to procure the peoples ease In this Paliament the pragmatick sanction was restored to use it as they had accustomed The Constables sword was given to the Duke of Bourgon the government of the Kings person to his Sister a cunning woman and somewhat of her fathers humour but the name of Regent was forbidden to them all to prevent jealousies and there was a Counsell enacted of Twelve by whom matters should be dispatched in the kings name of the which Lewes Duke of Orleance should be President Lewes discontented with the device seekes to hold his ranke he pretends that being the first Prince of the blood the Regency belonged unto him he assists at the Councell in Parliament and in the assemblies in Towne and notwithstanding the last VVill of King Lewes and the Decree of the Estates yet will he by force have the name and effect of Regent VVhereupon discontents arising he leaves the Court in discontent and raised a civill warre However the Estates setled the Regencie and affaires of the Realme Anno 1525. Francis the first King of France was taken prisoner by the Emperour Charles the fifth in the Battell of Pavia who by mediation of Friends for his enlargement sent the Earle of Reux his Lord Sâ—eward to offer the King Liberty so as he would resign all the right she pretended in Italy restore the Dutchy of Burgongue as belongeth to him by right with Provence and Dolphine for the Duke of Bourbon to incorporate them with other Lands which he had formerly enjoyed and to make all together a Kingdome Moreover the Emperour offered to give him his sister in marriage propounding many other conditions so absurd and void of reason as it is
concluded to crave ayd from all Christian Princes and a Crossado from the Pope against the Moores and made divers Lawes to restrain the superfluities of the Realm in feasts apparell and other things Iames the 8. King of Arragon being young at the time of his Fathers death it was thereupon after ordained in the assemblies of the Estates of Mencon and Lirida that Don Sancho Earl of Roussilon should govern the Realm during the Kings minority but they gave him limitation The Kings person they recommended to Frier William of Moncedon Mr. of the Templers After which An. 1220. this yong kings Vncles seeking to wrest the Realme from him instead of governing it by the fidelity of the Estates and their authority his interest was preserved and three Governours with a superintendent of his Provinces were appointed by them and to prevent the continuall practises of the Earles of Roussillon and Fernand the king Uncles the states and justice of Arragon declared the King of full age when he was but ten yeeres old and caused the Earle of Roussillon to quit the Regencie the authority of the justice of Arragon being then great for the defence of the publike liberty An. 1214. Asphonso the Noble king of Castile dying his sonne Henry being but 11. yeer old the Prelates Nobles and Commons assembled at Burgon having declared him king and taken the oath made Queen Eleonorahis Mother Governesse of his Person and Realms after whose death the custody of him was committed to the hands of the Lords of Lara This king afterwards playing with other yong children of Noble Housâ—s at Palenca in the Bishops Palace one of them cast a tyle from the top of a Tower which falling on the covering of an house heat down another tyle which fell on the young kings head wherewith he was so grievously hurt that hee dyed the eleventh day after An. 1217 yet this his casuall death for ought I finde was neither râ—puted Felony nor Treason in the child that was the cause of it After whose death Fernand the 3. was procâ—aimed and made King by the States of Castile to prevent the pretentions of the French after which his Mother Queen Berenguela in the presence of the Estates renouncing all her right to the Crown resigned it up tâ— her sonne Fernand About this time the Moorâ—s in Spain rejected the Miralumims of Aâ—rick and created them severall Kings and Kingdomes in Spain being never more united under one Crown after this division which they thought it lawfull for them to make An. 1228. the Estates of Arragon assembling at Barcelona they consenting and requiring it according to the custome of the Arragonians and Cattelans these Estates having authority to make Warre and Peace and Leagues awarre was resolved against the King of the Moores and Majorkins Anno 1231. the Realm of Navarre being very ill governed by reason their King Sancho retired to his chamber did not speak with any man but his Houshold servants and would not heare of any publike affaires thereupon the State began to think of electing a Regent to govern the Realm during his retirednesse to prevent which Sancho made an unjust accord with the king of Navarre and confederated with Iames King of Arragon by the assents of the states of the Realm to leave his Kingdome to him if he survived him yet after his death Thibault Earle of Champaigne was by the states of Navarre elected and proclaimed King And anno 1236. The Estates of Arragon and Cateloigne assembled at Moncon for the continuance of the warre with the Moores and conquest of Valentia without whom it was not lawfull for the King to undertake any matter of importance For maintenance of this warre a custome called Marebetine and an exaction of impost for cattell was by the Estates imposed on the People it was likewise decreed that all peeces of Gold and silver coyned should be of one goodnesse and weight to the observation of which Edict for coynes all were bound to sweare that were above 18. yeers of age Anno 1236. Iames King of Arragon revealing to his Confessor the Bishop of Girone that before his marriage with Queen Yolant he had passed a matrimoniall promise to Theresa of Bidame she sued him thereupon before the Pope who gave sentence against her for want of sufficient witnesse notwithstanding his Confessors testimony The King hereupon grew so angry with the Bishop for revealing his secrets that sending for him to his chamber he caused his tongue to be cut out For which out-rage committed on the Bishop though faulty the Pope in the Councell of Lions complained and in the end interdicted all the Realme of Arragon and excommunicated the king Hereupon to take off this interdiction and excommunication the king sent the Bishop of Valentia with his excuse and humiliation to the Pope wherewith he being some what pacified sent two Legates into Arragon who having assembled a Synod of Bishops at Lerida they caused the King to come thither and to confesse his fault upon his knees before these fathers with great submission and teares who gave him absolution upon condition he should cause the Monastery of Boneface to be built and endowed with an hundred and forty pounds of silver of annuall rent endow an Hospitall for the poore with foure hundred pounds silver per annum and give a Prebendary in the great Church of Gâ—rone for the maintenance of a Masse-priest About which time the Moors in Spain erected many new Kings and Kingdoms by mutuall consent and Mahumad Aben Alamar for his valour was by the Inhabitants of Mariona elected and made first King of Granado Anno 1243. all was in combustion in Portugall by the negllgence and basenesse of their king Don Sancho Capello who was wholly given to his wives humours hated of the Portugales and himselfe disliked for her sake for many Malefactors and insolent persons were supported by her who grew daily more audacious in their excesse without feare of Iustice which was trodden under foot for their respect For these considerations and her barrennesse too all the Noblemen of the kingdome desired to have the Queen called Mencia separated and sent out of Portugall for effecting whereof they made a great instance at Rome but neither exhortation admonition nor commandment nor censure could prevaile the king so doting on her that he would not leave her Which the Portugals perceiving some of them presumed to seize on her in the City of Coimbra and conducted her into GaÌ„llicia from whence she never more returned into Portugall Not content herewith they sought to depose the King from his Royall dignity too for his ill government and to advance his Brother Don Alphonso to the Regall Throne in his place whom the Estates assembled made Regent of Portugall leaving only the Title of King to his brother which fact of the Estates the Pope in the Councell of Lions authorized by his Apostolicke power with which the King being displeased abandoned his Realme and retired into
his Crowne-lands to King Henry without his peoples consents so farre incurred their hatred that upon his returne they beseiged him at Barwick and almost tooke him prisoner but by the mediation of some of his Councell who informed the Nobles that the King was by violence fraud circumvented by the King of England of the ancient patrimony of the Crowne land they resolved to recover it by war the Scottish Nobility affirming that the King had not any power to diminish or part with any lands appertaining to the Crown without all their consents in Parliament This King after some encounters making a peace with the English upon unequall termes wherin he parted with some of his ancient territories out of his pusilanimity against his Nobles consent hereupon he grew so odious and contemptible to them that they were all weary of his government and caused many to take up Armes and Rebell against him After the death of King Alexander the third there was a Parliament summoned at Scone to consult about the creating of a new King and the government of the Realme during the Inter-regnumâ— where first of all they appointed six men to rule the Realme for the present and then heard and discussed the severall Titles pretended to the Crowne the finall determination whereof they referred to King Edward the first of England as to the Supreame Soveraigne Lord of the Realme who selecting 12. Sâ—ottish and 12. English Councellors to assist him After full hearing by generall consent of all adjudged the Crown to Iohn Baylioll husband to King Alexanders â—ighest Kinswoman The Scots considering his simplicity and unaptnes to governe them and scarce confiding in him being an Englishman and elected by the K. of England coÌ„stituted them 12. Peers after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose advise the King and all the affaires of the Realme were to be governed and directed He was taken and kept prisoner by the English After the death of Robert Bruce the Scots before their King was crowned created a Vice-Roy to govern the Realme who suppressed the theeues and Robbers Edward Bayliol sonne to Iohn Bayliol succeding Bruce was afterwards rejected and deposed by the Scots for adhereing too closely to the English K. Edward and David Bruce elected K. in his place Robert the 2d. of Scotland when a peace was propounded between France England and Scotland by the Pope willingly consented there unto but his Nobles being against it his assent alone was in vaine because the King of Scotland alone can make no firme peace nor truce nor promise which shall bind but by publike consent in Parliament King Robert the 3d. dying of griefe for the captivity and imprisonment of his Son Iames taken prisoner by our King Henry the 4 th as he was going into France the Scots hereupon appointed Robert his uncle by common consent for their Vice-roy till Iames the first of that name right heire of the Cowne were enlarged Iames being freed and Crowned summoned a Parliament wherein an ayde was granted him to pay his ransome with much difficulty he had many Civill wars with his Subjects and at last was murthered by Robert Grame and his confederats from whom he received 28. wounds in his Chamber in the night wherof he presently died Iames the 2. his son being but 7. yeares old at his death Alexander Leviston was chosen Protector and William Crichton made Chancellor by Parliament Which the Earle Douglas storming at committed many insolencies in a hostile manner After which Alexander and his faction opposing the Chancellor and commanding that none should obey him the Chancellor thereupon fortified Edenborough Castle and as the King was hunting early in the morning seized upon him with a troop of Horse brought him to Edinburgh Castle where he detained him from the Protector till the peace of the Kingdom and present divisions should be setled which lasting very long by reason of Earle Douglas his ambition power and covetousnes who raised many grievous civill wars he was at last stabbed to death by the King himselfe Anno 1452. contrary to his promise of safeâ— conduct to the Court under the Kings and Nobles hands and seales Wherupon his brethren and Confederats meeting at Sterling resolved to revenge his death and tied the Kings and Nobles writing of safe conduct to an horses taile which they led through the streets of Sterling railing at the King and his Councell as they went and when they came into the market place where they had 500. trumpets sounding they by an Herald proclaimed the King and all that were with him fedifragus perjured and enemis of all good men and then spoiled and burned the Towne Country with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne Iames the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation took up Armes to deâ—â—roy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Geneâ—all the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after
hereditary line put by Such a transcendent power and jurisdiction as this to disinherit the right heire and transferre the Crowne to whom they thought meetest neither the present nor any other Protestant Parliaments Peeres or Subjects ever exercised though Popish Parliaments Prelates Lords and Commons have thus frequently done it of which you may reade more in 25 H. 8. c. 22. 26 H. 8. c. 12. 28 H. 8. c. 7. 35 H. 8. c. 1. and other Acts hereafter cited Thirdly the Lords and Commons in times of Popery have sent out Writs and summoned Parliaments in the Kings name and forced the King to call a Parliament without and against his full consent Thus Anno 1214. the Barons petitioned Kings Iohn to confirme Magna Charta and their Liberties tendered to him who having heard them read in great indignation asked Why the Barons did not likewise demand the Kingdome and swore that he would never grant those Liberties whereby himselfe should be made a servant So harsh a thing is it writes Daniel to a power that hath once gotten out into the wide liberty of his will to heare againe of any reducing within his circle not considering how those who inherit Offices succeed in the Obligation of them and that the most certaine meanes to preserve unto a King his kingdome is to possesse them with the same conditions that he hath inherited them The Barons hereupon raise a great Army at Stamford wherein were 2000. Knights besides Esquires constituting Robert Fitz-Walter their Generall intituling him the Marshall of the Army of God and holy Church seize upon the Kings Castles and the Londoners sending them a privie message to joyne with them and deliver up the City to be guided by their discretion thither they repaire and are joyfully received under pact of their indempnity After which they sent Letters to the Earles Barons and Knights throughout England who seemed although fainedly to adhere to the King exhorting them with a commination that as they loved the indemnity of their goods and possessions they should desert a perjured King and that adhering faithfully to them they should with them stand immovably and effectually contend for the Liberties and peace of the kingdome which if they contemned to doe they would with Armes and Banners displayed march against them as publike enemies subvert their Castles burne their houses and edifices and not cease to destroy their Ponds Parkes and Orchards Whereupon all the Lords Knights and people deserting the King who had scarce seven Knights in all left with him confederated themselves to the Barons The King seeing himselfe generally forsaken counterfeits the Seales of the Bishops and writes in their names to all Nations that the English were all turned Apostates and whosoever would come to invade them he by the Popes consent would conferre upon them al their lands and possessions But this devise working no effect in regard of the little credit they gave to and confidence they had in the King the truth being knowne all men detested such wickednesses and forgeries and so the King fell into his owne snares Hereupon the King fearing the Barons would take all his Castles without any obstacle though he conceived an inexorable hatred against them in his heart yet he craftily dissembled that he would make peace with them for the present ut cum furtim surrexisset in dissipata agmina acrius se vindicaret qui in omnes non poterat in singulos desaeviret Wherefore sending William Marshall Earle of Pembroke to them with other credible messengers he certified them that for the good of peace and the exaltation and honour of his kingdome he would gladly grant them the Lawes and Liberties they desired commanding the Lords by the same messengers that they should provide a fit day and place where they might meete and prosecute all these things Who related all these things deceitfully imposed on them without fraud to the Barons at London who appointed the King a day to come and conferre with them in a Meade betweene Stanes and Windsor called Running-meade on the 15. day of Iune Where both parties meeting at the day and conferring the King perceiving his forces too weake for the Barons who were innumerable easily granted their subscribed Lawes and Liberties without difficulty and confirmed them with his Charter Hand Seale Oath Proclamations and other assurances which you shall heare anon This meeting Daniel and others stile a Parliament as well as that at Clarindon and other assemblies in the open field the great Charter being therein first confirmed which Parliament the King by force of Armes was constrained to summon So Anno Dom. 1225. King Henry the third cancelling the Charter of the Forest at Oxford pretending that he was under age when he sealed and granted it at first and so a â—â—llity Hereupon the Barons confederate by Oath and put themselves in Armes at Stamford from whence they sent to the King requiring him to make restitution without delay of the Liberties of the Forests lately cancelled at Oxford otherwise they would compell him thereto with the sword to avoyd which danger he was enforced to summon a Parliament at Northampton where a concord was concluded on all hands Anno 1226. and so the Parliament brake up Anno 1237. Henry the third incensing his Nobility and generally all his Subjects by his entertainment of Forainers by whom he was ruled by marrying his sister Elianor to Simon de Monfort a banished Frenchman and his oppressions contrary to his Oath and promise in Parl. that year put them into a new commotion who thereupon made a harsh Remonstrance of their grievances to him by his brother Richard by means whereof the King was forced to call a Parliament at London Anno 1238. whither the Lords came armed to constraine the King if he refused to the reformation of his courses Anno 1250. King Henry is againe enforced by the Barons and 24 Peeres to call a Parliament at Oxford and at London against his will and to assent to ordinances therein made And Anno 1264. he was likewise constrained to call two other Parliaments at London and to assent to the new Ordinances therein proposed which he did onely to get time and circumvent the Barons Anno Dom. 1310. and 1311. King Edward the second was in a manner constrained at the instant supplication of his Nobles to summon a Parliament and to banish his Minion Pierce Gaveston against his will In the 14. and 15. yeares of this King the Barons raising an Army by force of Armes compelled him to summon a Parliament at Westminster and to passe an Act for the banishment of these two great Favorites the Spensers who miscounselled and seduced him and oppressed his people And in the last yeare of this Kings reigne his Popish Prelates Nobles and Commons taking him prisoner summoned a Parliament in his name much against his will wherein for his misgovernment they enforced him to resigne his
lived in the time of Charlemayne under the Reigne of King Lewis called Sanctus when France was in her flourishing Estate and the Princes and Lords were of souple nature ranking with the termes of duty and obedience the Parliaments were ruled and assured at certaine seasons of the yeare For in times of Peace foure Parliaments were holden yearely or three at the least And the same was used under the Reigne of his Sonne Philip the Hardy Third of the name In the time of Philip de Bel. his Sonne King of France and Navarre they were reduced to two Parliaments yearely according to the ancient custome One in Winter and the other in Summer during Peace and but one in Winter during Warre It appeareth neverthelesse by the Registers of the Court that by hinderance of warre against the Rebellious Flemmings there was not any Parliament during some yeares And the King by his Ordinance dated the Munday after Mid-lent An. 1302. set downe in the Register of ancient Orders of Parliament fol. 45. Willed that for the commodity of his Subjects there should be every yeare two Parliaments at Paris and in other Provinces as Andrew Favin Records By which it is apparent that Parliaments in France Spaine and other kingdomes were not arbitrarily called at the Kings free pleasures as seldome as they pleased but frequently summoned every yeare once twice or more at certaine seasons publike Acts of Parliament for the better government of these Realmes redresse of grievances and preservation of the peoples Liberties against all royall encroachments on them In Germany though Diets and Assemblies of the States be commonly made by the Emperours and in their names yet we find that the Princes Electors and Estates have assembled not onely without but against the Emperours consents when they saw good cause and not onely questioned but deposed their Emperours and elected new in their steads of which there are sundry precedents in the lives of Ludovicus pius Henry the 1 4 5 6 7. Frederickes Barbarossa Charles the Grosse Winceslaus Philip Otho the fourth Ludovicus Bavarus and others In this regard therefore of forcing Kings to summon Parliaments so frequent with Popish Prelates Peeres Subjects both in our owne and other Realmes our present Protestant Parliament and all others since the Reformation have beene more moderate and dutifull then those in times of Popery heretofore or then the Popish Rebels in Ireland are now who have lately at Kilkenny held a kinde of Parliament erected new Lawes and Officers of Iustice enacted new Lawes and Ordinances as well Civill and criminall as Martiall and done as much herein without the Kings assent or Commission as our King and Parliament could doe if conjoyned Fourthly Our Popish Barons Prelates and Commons have refused to meete in Parliament when the King hath summoned them by his Writ An. Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford where the King now resides but they all joyntly sent him an expresse message that they would not come upon his summons for that the Kings person went guarded with Poictovines and other strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could not there appeare with safety at which message the King grew very angry resolving that they should be once twice and thrice summoned to appeare Whereupon Roger Bacon who usually preached before the King freely told him That if he did not remove from him Peter Bishop of Winchestor and Peter de Rivallis his malignant Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Roberts advise told the King that Petrae and Rupes were most dangerous things at Sea alluding to the Bishops name Petrus de Rupibus The King hereupon comming a little to himselfe and taking that good advise of Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving the world to know withall that his purpose was to amend by their advise whatsoever was to be amended But the Barons considering that still there arrived more and more strangers men of warre with Horse and Armes as now alas we see they doe and not trusting the Peictovine Faith as we have now cause to mistrust the perfidious papists and malignant Cavaliers and seeing no footsteps of peace our present condition refused to come at the appointed day sending the King word by solemne Messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovines out of his Court which if he refuâ—ed they all of them by the common consent of the whole kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating a new King These things thus acted the King was much dejected in mind and all his Court too hanging downe their heads and fearing not a little lest the errors of the Sonne should become worse then the Fathers errors whom his Subjects indeavouring to depose from his Royall Throne almost detruded him to that name which was given him by a certaine presage Iohn the Banished Wherefore he could easily have beene drawne to redeeme the love of his naturall Liegemen with the disgrace of a few strangers But the Bishop of Winchester with other his ill Counsellors and Poictovine Cavaliers counselled him to take up Armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them who would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty by his ill Counsellours and Cavaliers hereupon the King inclining to the worser part raiseth an Army of Poictovine foraine Souldiers which came to him being sent for out of Flanders from whence the King now hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassets a Noble man given him by King Iohn calling him Traytor when he demanded it sets downe a day wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty and being at Glocester with his Army whither the Lords refused to come being required the King thereupon as if they were Traytors burnes their Manors destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of their Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to griefe wound to wound commanded their bodies to be apprehended where ever they were within the kingdom he likewise sends a defiance to the Earle Marshall whose Lands he had wasted who thereupon understood himselfe discharged of that obligation by which he was tyed to the King and free to make his defence Whereupon he seeing neither Faith nor Oath nor Peace to be kept by the King or his ill Counsellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him
with a Popish blinde Obedience to all royall Commands though never so illegall out of an implicit Faith that what ever the King Commands though against the expresse Lawes of God and the Realme and Resolutions of both Houses of Parliament may and ought to be obeyed 〈…〉 as some new Doctorâ— teach hath induced not onely many poore Ignorant English and Welsh silly soules but likewise sundry Nobles and Gentlemen of quality very unworthily to engage themselves in a most unnaturall destructive warre against the High Court of Parliament and their Dearest Native Country to their eternall infamies and which is almost a miracle to consider to joyne with the Iesuiticall Popish Party now in Armes both in England and Ireland and some say under the Popes owne Standard not onely to subvert their owne Lawes and Liberties but the very Protestant Religion here estabished which they professe they fight for In this deplorable warre many thousands have beene already destroyed and the whole Kingdome almost made a desolate wildernesse or like to be so ere this Spring passe over and all onely for want of knowledge in the premises which would have prevented all those Miseries and Distractions under which we now languish almost to desperation and death it selfe To dissipate these blacke Clouds of Egyptian Darkenesse spread over all the Land distilling downe upon it in showres of Blood insteed of Aprill drops of raine and I pray God they make not all our May-flowers of a Sanguine dye I have after a long sad Contemplation of my deare Countries bloody Tragedies at the speciall Request of some Members of Parliament according to my weake Ability and few Houres vacancy from other distracting Imployments hastily compiled this undigested ensuing Fragment with the preceding Branch thereof and by their Authority published that in dismembred Parts which by reason of its difficultie to the Printers urgencie of present publike affaires now in agitation I was disabled to put forth together with the remaining member in one intire Body as I desired Be pleased therefore kindly to accept that in Fractions for the present which time onely must and God-willing speedily shall compleat which by Gods blessing on it may prove a likely meanes to comprimise our present Differences and re-establish our much-desired Peace together with our Religion Lawes Liberties in their Native purity and glory the very Crownes and Garlands of our Peace Peace accompained with Slavery and Popery both which now menace Us being worse then the worst of Warres and an honourable death in the field fighting against them better by farre then a disconsolate sordid slavish life or a wounded oppressed Conscience though in a royall Pallace under them From such a disadvantageous enslaving ensnaring unwelcome Peace Good Lord Deliver Us. All I shall adde is but this request A Charitable Construction of this meane Service for my Countries Liberty Tranquility Felicity and if thou or the Republicke reap any benefit thereby let God onely enjoy thy Prayses the Author thy Prayers And because I have walked in an untrodden path in all the Parts of this Discourse Si quid novisti rectius istis Candidus imperti si non his uteremecum THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES HAVING answered in the former Part the Grand Objection against the Parliaments Soveraigne Power I shall in this proceed to the particular crimes now objected against it The second grand complaint of his Majesty and others against the Parliament is That both Houses by a meere Ordinance not onely without but against the Kings assent have unjustly usurped the power of the Militia a chiefe flower of the Crowne and in pursuit thereof not onely appointed Lieutenants and other Officers to muster the Trained Bands in each County but likewise seised the Ports Forts Navy and Ammunition of the King together with his Revenues to regaine all which his Majesty hath beene necessitated to raise an Army and proceed against them in a Martiall way This unhappy difference about the Miâ—itia being next to the Introduction of Popery the spring from whence our uncivill warres have issued and the full discussion thereof the most probable meanes to put a speedy period to them I shall with as â—uch impartiality and perspicuity as I may like a faithfull Advocate to my Country and cordiall indifferent well-wisher both to King and Parliament truely state and debate this controversie beginning with the occasions which first sâ—t it on foote In the late happily composed Warre betweene England and Scotland occasioned by the Prelates divers Counties of England were much oppressed by their Lieutenants with illegall Levies of Souldiers Coat and Conduct money taking away the Trained Bands Armes against their consents and the like for which many complaints were put up against them to this Parliament many of them voted Delinquents unfit for such a trust and all their Commissions resolved to be against Law so that the Militia of the Realme lay quite unsetled Not long after our Northerne Army against he Scots the pacification being concluded was by some ill instruments laboured to march up to London to over-awe or dissolve the Parliament and quash the Bill against the Bishops sitting in the House Which plot being discovered and the chiefe Actors in it flying over-sea ere it tooke effect made the Parliament jealous and fearefull of great dangers if the Command of the Forces of the kingdome then vacant should be continued in ill-affected or untrusty Officers hands which distrusts and feares of theirs were much augmented by the suddaine generall rebellion of the Papists in Ireland who pretended his Majesties and the Queenes Commissions for their warrant by his Majesties unexpected accusation of and personall comming with an extraordinary Guard into the House of Commons to demand the five Members of it whom he charged with high Treason by his entertaining of divers Captaines as a supernumerary Guard at White-hall and denying a Guard to the House by the Earle of New-castles attempt to seise upon Hull and the Magazine there by command by the Lord Digbies advise to the King to retire from the Parliament to some place of strength by the Reports of Foraine Forces prepared for England through the solicitation of those Fugitives who had a finger in the former plots and by the Queens departure into the Netherlands to raise a party there Hereupon the Parliament for their owne and the kingdomes better security in the midst of so many feares and dangers threatned to them importuned his Majesty to settle the then unsetled Militia of the kingdome by a Bill for a convenient time and seeing the King himselfe could not personally execute this great trust but by under-officers by the same Bill to intrust such persons of quality and sincerity nominated by both Houses and approved by the King as both his Majesty Parliament and kingdome might securely confide in to exercise the Militia and keepe the Forts Magazine and Ammunition of the kingdome under him onely as
of the Kings just Prerogative transcends my understanding to conceive Finally our own Parliaments in most Kings Reignes have both claimed and enjoyed this power of Electing Privie Counsellours Chancellours Treasurers Judges and other great Officers of State and created some new Officers of far higher quality and power to governe both King and Kingdome then any the Parliament desires 〈◊〉 are in truth fitting for them to create unlesse in cases of absolute necessity to prevent the Kingdomes utter ruâ—ne To give you some few principall instances of many In the Yeare 1214. the 16 Yeare of King Iohns raigne In a Parliament held at â—â—â—ning-Meade neare Windsor for the setling and securing of Magna Charta and other the Subjects Lawes and Liberties formerly granted by Henry the 1. it was agreed by King Iohn and Enacted That there should be 25 Barons Chosen such as the Lords would who should to their uttermost power cause the same to be held and observed And that if either the King or his Iusticiar should transgresse in any Article of the Lawes and the offences shewed 4 Barons of the 25. should come to the King or in his absence out of the Kingdome to the chiefe Iusticiar and declare the excesse requiring without delay redresse for the same which if not made within 40. dayes after such declaration those 4 Barons should referre the cause to the rest of the 25 who with the Commons of the Land might distraine and inforce the King by all meanes they could by seising upon his Castles Lands and Pessessions or other goods his Person excepted and that of his Queene and Câ—ildren till amends be made according to their Arbitration And that whosoever would should take their Oath for the execution hereof and obey the Commandement of the 25. Barons herein without prohibition And if any of them dissented or could not assemble The Major part to have the same power of proceeding Hereupon there are 25. Barons chosen to bâ— Conservators of Magna Charta and the Subjects Priviledges whose Names you may reade in Matthew Paris who by the Kings Consent tooke an Oath upon their soules that they would keepe these Charters with all diligence and Compell the King if he should chance to repent as he did soone after to observe them Which done all the rest of the Lords then likewise tooke another Oath to assist and obey the Commands of those five and twenty Barons In the Yeare 1221. Hugh de Burgh was made the Protector or Guardian of the Realme by a Parliament held at Oxford In the Yeare 1222. I reade in Matthew Paris and others that Ralph Nevill Bishop of Chichister was made Keeper of the Great Seale and Chancellour of England by assent of the whole Kingdome in Parliament to wit in such sort Vt non deponeretur ab ejusdem sigilli custodia NISI TOTIVS REGNI ORDINANTE CONSENSâ—V CONSILIO That he should not be deposed from the custody of the said Seale but BY THE ORDINANCE CONSENT and COVNSELL OF THE WHOLE REALME Loe here the greatest Officer of the Realme not onely elected but confirmed by Parliament so as not to be displaced but by the consent of the whole Realme whose publike Officeâ— he was Hereupon King Henry afterward taking some distaste against Ralfe because the Monkes of Winchester elected him Bishop of that Sea against his good liking tooke away the Seale from him and delivered it to Geffery of the Temple in the 22â— Yeare of his Reigne but yet he held his Chancellours place still and tooke the profits of it during all his life though he refused to take the Seale againe when the King offered to restore it him the 23. of his Reigne Quod per Consilium praedicto Cancellario commissum fuit TOTIVS REGNI After which he being restored to the Seale by the Parliament An. 1236. this King removed Ralph the Steward of his Houshold with certaine other his Counsellours and great Officers of his House from his Counsell and their Offices and he likewise most instantly required his Seale from this Bishop of Chichester his Chancellour who executed his Office unblameably being a Pillar of Truth in the Court But the Chancellour refused to deliver it seeing the violence of the King to exceed the bounds of Modesty and said That hee could by 〈◊〉 meanes doe it Cum illud COMMVNI CONSILIO REGNI SVSCEPISSET since he had received it by the common Counsell of the Kingdome wherefore he could not resigne it to any one WITHOVT THE COMMON COVNSELL OF THE REALME to wit the Parliament Anno Dom. 1237. King Henry the third sommoning a Parliament at London because it seemed somewhat hard to sequester all his present Counsell from him sodenly as reprobate it was concluded that the Earle Warran William de Ferarijs and John Fitz Geofrey should be added to his Privie Counsell whom the King caused to sweare That by no meanes neither through gifts nor any other manner they should deviate from the way of truth but should give good and wholesome councell both to the King himselfe and the Kingdome Whereupon they granted him a Subsidie of the thirtieth part of their goods upon condition that from thenceforth and ever after forsaking the Counsell of strangers and all unnaturall ones qui semper sui non Regni amici esse consueverunt Regni bona distrahere non adunare he should adhere to the counsell of his faithfull and naturall subjects Et sic soluto consilio non sine interiori murmuratione multa concepta indignatione â—o quod cum difficultate tanta Regis animum ad salubre consilium contorquerent consilijs eorum a quibus omnem honorem terrenum habet obsecundarent ad propria quisqueremeavit But this prefidious King Regni delapidator as the Barons and Historians stile him contrary to his solemne Oath and promise would not be weaned from his evill Counsellours but retained them still till by force of Armes they were removed and banished In the Yeare 1244. the 28 of Henry the third his Reigne the Bishop of Chichester that faithfull Stout Chancellour made by Parliament dying and the place continuing void for a space in a Parliament at London the Lords and Commons complained That for defect of a Chancellour divers Writs were granted against Iustice and they demanded that by THEIR ELECTION a Iusticiar and Chancellour might be made by whom the state of the Kingdome might be setled AS IT WAS ACCVSTOMED The King promised to reforme all things himselfe least he might seeme thereto compelled by them which they gave him a convenient time to effect and so adjourned promising to give him an aide at their next meeting if in the meane time he redressed things amisse according to promise Which he failing to doe At their next meeting They demanded Magna Charta to be confirmed which they had divers times dearely purchased and a new Charter to be made for that purpose That
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England
and PRINCIPALL COVNSELLOR of our said Lord the King and that the said Duke shall be and be called PROTECTOR and DEFENDOR OF THE SAID REALM AND CHVRCH OF ENGLAND and that letters patents of the Lord the King shall be made in this forme following Henrious Dei gracia c. Scitatis quod in adeotenera aetate constituti sumus quod circa Protectionem Defensionem Regni nostri Angliae Ecclesiae Anglicanae personaliter attendere non possumus in presenti Nos de circumspectione industria charissime avunculi nostri Johannis Ducis Bedfordiae plenam fiduciam reportantes DE ASSENSV ET AVISAMENTO TAM DOMINORVM QVAM DE ASSENSV COMMVNIT ATIS DICTI REGNI ANGLIAE IN INSTANTI PARLIAMENTO existentium ordinavimus constituimus ipsum avuneulum nostrum dicti regni nostri Angliae Ecclesiae Anglicanae PROTECTOREM ET DEFENSOREM AC CONSILIARIVM NOSTRVM PRINCIPALEM quod ipse dicti Regni nostri Angliae Ecclesiae Anglicanae Protector Defensor ac principalis consiliarius noster sit nominetur in juxta vim formam effectum cujusdam articuli IN DICTO PARLIAMENTO die datus prâ—sentium habiti ET CONCORDATI Proviso semper quod praefatus Avunculus noster nullum habeat aut gerat vigore praesentium potestatem nec sicut praefatur nominotur nisi pro tempore quo praesens hic in regno nostro Angliae fuerit PROVT IN PRAEDICTO ACTO CONTINETVR Quodque carissimus Avnculus noster Dux Glocestriae nobis in agendis dicti Regni negotiis post ipsum Avunculnm no strum Ducem Bedfordiae PRINCIPALIS CONSILIARIVS EXISTAT ET NOMINETVR quotiens quando praefatum Avunculum nostrum Ducem Bedfordiae infra Regnum mostrum Angliae mor aricontingat Confidentes insuper ad plenum de circumspectione industria praedicti Avunculi nostri Ducis Glocestriae DE ASSENSV ET AVISAMENTO PRAEDICTIS ordinavimus constituimus ipsum Avunculum nostrum Ducem Glocestriae dicto Regno nostro Angliae jam praesentem dicti Regni nostri Angliae Ecclesiae Anglicanae PROTECTOREM ET DEFENSOREM necnon CONSILIARIVM NOSTRVM PRICIPALEM quociens quando dictum avunculum nostrum Ducem Bedfordiae extra Regnum nostrum Angliae morari abesse centingat Et quod ipse avunculus noster Dux Glocestriae Protector Defensor Regni nostri Angliae Ecclesiae Anglicanae Principalis Consiliarius noster SIT ET NOMINETVR IVXTA VIM FORMAM EFFECTVM ARTICVLI PRAEDICTI Proviso semper quod praefatus avuneulus Dux Glocest nullum gerat aut habeat vigore praesentium potestatem vel ut praefertur nominetur nisi pro tempore quo praesens hic in Regno nostro Angliae fuerit in absentia dicti avunculi nostri Ducis Bedford prout in predictio articulo continetur Damus autem universis singulis Archiepiscopis Episcopis Abbatibus Prioribus Ducibus Comitibus Baronibus Militibus omnibus aliis fidelibus nostris dicti Regni nostri Angliae quorum interest tenore praesentium firmiter in mandatis quod tam praefato avunculo nostro Duci Bedfordâ— quociens quandâ— protectionem defensionem hujusmodi sic habuerit occupaverit quam praefato avunculo nostro Duci Glocestriae quociens quando ipse consimiles Protectionem Defensionem habuerit occupaverit in premissis faciendis pareant obediant intendant prout decet In cujus reitestimonium c. which Act and Commission thus made and the tenour of them being recited before the said Duke of Gloster and spirituall and temporall Lords the said Duke having deliberated thereupon undertook at the request of the said Lords the burthen and exercise of his occupation to the honour of God and profit of the King and Kingdome Protesting notwithstanding that this his assumption or consent in this part should not any wayes prejudice his foresaid Brother but that his said Brother at his pleasure might assume his burthen of this kinde and deliberate and advise himselfe Numb 25. It is ordered by this Parliament what under Offices and Benifices the Lords Protectors should conferre and in what manner Numb 26. After the Lords and Commons in Parliament had setled and ordained the Protectors in forme aforesaid AT THE REQVEST OF THE SAID COMMONS there were BY ADVISE AND ASSENT OF ALL THE LORD' 's certaine persons of estate as well spirituall as temporall NAMED AND ELECTED TO COUNSELL AND ASSIST THE GOVERNANCE whose names written in a small scedule and read openly were these the Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worcester the Duke of Excester the Earles of March Warwick Marshall Northumberland Westmerland the Lord Fitz-hugh Mr. Hâ—gh Crumbwell Mr. Walter Hungerford Mr. Iohn Tiptofâ— Mr. Walter Beauchamp Numb 25. These persons thus NAMED and CHOSEN COVNSELLORS and ASSISTANTS after this nomination and election condiscended to take such assistance to the governmeâ—t in manner and forme contained in a paper scedule written in English with their names thereto containing five speciall articles delivered in Parliament by the said persons chosen Counsellors assistants of which scedule this is the tenure The Lords abovesaid been condiscended to take it upon them in manner and forme that sueth First for as much as execution of Law and keeping of peace start much in Iustice of peace Sheriffs and Escheators the profits of the King and revenues of the Realme been yearly encreased and augmented by Customers Controllers prisers seachers and all such other Offices therefore the same Lordswoll and desireth that such Officers and all other be made by advise and denomination of the said Lords saved alwayes and reserved to my Lords of Bedford and of Glocester all that longeth unto them by a speciall Act made in Parliament and to the Bishop of Winchester that hee hath granted him by our soveraigne Lord that last was and by authority of Parliament confirmed Numb 29. Item that all manner Wards Mariages Farmes and other casualties that longeth to the Crown when they fall be letten sold and disposed by the said Lords of the Counsell and that indifferently at dearest without favour or any manner partiality or fraud Numb 30. Item that if any thing should be enact done by Counsell that six oâ— foure at the least without Officers of the said Counsell bee present and in all great matters that shall passe by Counsell that all be present or else the more party And if it bee such matter as the King hath be accustomed to be counselled of that then the said Lords proceed not therein without the advice of my â—ord of Bedford or of Glocester Numb 31. Item for as much as the two Chamberlaines of the Exchequer bee ordained of old time to controule the receipts and payments in any manner wise maed the Lordys desireth that the Treasurer of England being for the time and either of the Chamberlaines have a key of that that should come into the recepit and
of England and Scotland beene resolved and declared to be no Treason no Rebellion at all against the King by the very same or better reason all circumstances duely pondered our Parliaments present taking up Armes and making a Defensive Warre for the endes aforesaid neither is nor can be adjudged Treason or Rebellion in point of Law or Iustice. In fine the King himself in his Answer to the 19. Propositions of both Houses Iune 3. 1642. Confesseth and calleth God to witnesse That aâ— the Rights of his Crowne are vested in hâ—m for his Subjects sake That the Prinâ—e may not make use of his high and perpetuall power to the hurt of those for whose good he hath it nor make use of the name of publike Necessity for the gaine of his private Favourites and Followers to the detriment of his people That the House of Commons may impeach those who for their owne ends though countenanced with any surreptitiously gotten Command of the King have violated that Law which he is â—ound when he knowes it to protect and to protection of which they were bound to advise him at least Not to serve him in the Contrary let the Cavalleers and others consider this and the Lords being trusted with a Iudiciary power are an excellent screene and banke betweene the King and people to assist each against any Incroachments of the other and by just Iudgements to preserve that Law which ought to be the Rule of every one of the three Therefore the power Legally placed in both Houses Being more then sufficient to prevent and restraine the power of Tyranny by his Majesties owne Confession it must needs be such a power as may legally inable both Houses when Armes are taken up against them by the King or any other to subvert Lawes Liberties Religion and introduce an Arbitrary government not onely to make Lawes Ordinances and Assessements but likewise to take up Armes to defend and preseve themselves their Lawes Liberties religion and to prevent restraine all forces raysed against them to set up Tyranny else should they want not onely a more then sufficient but even a sufficient necessary power to prevent and restraine the power of Tyranny which being once in armes cannot bee restraned prevented repulsed with Petitions Declarations Lawes Ordinances or any Paper Bulwarkes and Fortifications or other such probable or possible meanes within the Parliaments power but onely by Armes and Militarie Forces as reason and experience in all Ages manifest From all which pregnant punctuall domesticke Authorities and resolutions of Ancient Moderne and present times I presume I may infallibly conclude That the Parliaments present taking up necessary Defensive Armes is neither Treason nor Rebellion in iudgement of Law but a iust and lawfull Act for the publicke benefit and preservation of King Kingdome Parliament Lawes Liberties Religion and so neither their Generall Souldiers nor any person whatsoever imployed by them in this War or contributing any thing towards its maintenance are or can be Legally indicted prosecuted or in any manner proceeded against as Traitors Rebels Delinquents against the King or Kingdome and that all Proclamations Declarations Indictments or proceedings against them or any of them as Traitors Rebels or Delinquents are utterly unlawfull uniust and ought to be reversed as meere Nullities It would be an infinite tedious labour for me to relate what Civilians and Canonists have written concerning Warre and what Warre is just and lawfull what not In briefe they all generally accord That no Warre may or ought to be undertaken cut of covetousnesse lust ambition cruelty malice desire of hurt revenge or fer booty propter praedam enim militare peccatum est Whence Iohn Baptist Luke 3. 14. gave this answer to the Souldiers who demanded of him what shall we doe Doe violence to no man neither accuse any man falsly and be content with your wages Ne dum sumptus quaeritur praedo grassetur Which prooves the Warres of our plundring pillaging Cavalleers altogether sinnefull and unjust And that such a Warre onely is just which is waged for the good and necessary defence of the Common-wealth by publike Edict or consent or to regaine some thing which is unjustly detained or taken away and cannot otherwise be acquired or to repell or punish some injury or to curbe the insolency of wicked men or preserve good men from their uniust oppressions which Warres ought onely to be undertaken out of a desire of Peace as they prove out of Augustine Gregory Isidor Hispalensis and others In one word they all accord That a necessary defensive Warre to repulse an Injury and to preserve the State Church Republike Freedomes Lives Chastities Estates Lawes Liberties Religion from unjust violence is and ever hath beene lawfull by the Law of Nature of Nations yea By all Lawes whatsoever and the very dictate of Reason And that a necessary defensive Warre is not properly a Warre but a meere Defence against an unlawfull Violâ—nce And therefore must of necessitie be acknowledged lawfull because directly opposite to and the onely remedy which God and Nature have giuen men against Tyrannicall and unjust invasions which are both sinnefull and unlawfull And so can be no Treason no Rebellion no crime at all though our Princes or Parents be the unjust assailâ—nts Of which see more in Hugo Grotius de Iure Belli l. 2. c. 1. I shall closeup the Civillians and Canonists Opinions touching the lawfulnesse of a Defensive Warre with the words of Albericus Gentilis Professor of Civill Law in the Vniversitie of Oxford in Queene Elizabeths Raigne Who in his learned Booke De Iure Belâ—i Pacis Dedicated to the most illustrious Robert Devoreux Earle of Essex Father to the Parliaments present Lord Generall determines thus Lib. 1. cap 13 pag. 92. c. Although I say there be no cause of warre from nature yet there are causes for which we undertake warre by the conduct of nature as is the cause of Defence and when warre is undertaken because something is denied to to be granted which nature it selfe affords and therefore because the Law of nature is violated Warre is undertaken We say there is a three fold Defence one Necessary another Profitable a third Honest yet wee shall deeme them all Necessary He who defends himselfe is said to be necessitated neither will Baldus have us distinguish whether he defend himselfe his goods or those under his charge whether neere or remote His defence is necessary and done for necessary defence against whom an armed enemy comes and his against whom an enemy prepares himselfe and to such a one the same Baldus truly teacheth ayde is due by compact whom others likewise approve This warre we may say was anciently undertaken against Mithridates and against his great preparations Neither ought wise men to expect till he had professed himselfe an enemy but to looke more into his deeds then words Thus whiles we say necessity we speake not
have been so esteemed in those times And thus I hope I have satiâ—factorily answered this objection without shifts or evasions and rectified these mistaken Fathers meanings with which our Opposites have seduced the illiterate over-credulous vulgar I have now through Gods assistance quite run through all Obiections of moment from Scripture Reason Fathers against the lawfulnesse of the Parliaments present defensive war and discovered divers grosse errors yea Impostures in our Opposites writings wherewith they have perverted many mens Consciences and cheated the ignorant seduced world I shall therefore here adjure them in the presence of Almighty God as they will answer the contrary before his Tribunall at the Day of Iudgement seriously to consider these my answers and publikely to retract those their Errors false grosse mis-interpretations perveâ—sions of Scriptures Authors which I have here discovered And since they pretend nothing but the satisfying and keeping of a good Conscience in by others concerned in this Controversie to shew a syncere ingenuous Conscience therein themselves where they have been mistaken since the contestation pretended is not for Victory Time-serving or Self-seeking but for Truth Gods glory and the publike weal and if I have over-shot my self in any thing I shall promise them a thankfull acknowledgement and ready paline dy upon their information and conviction of any apparent oversights I may casually fall into Now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive Arms against their Soveraigns bent to subvert Religion Laws Liberties the Republike or deem it is a late upstart Novelty I shall conclude this discourse with such personall naturall and publike authorities as they shall not be able to balance with counter-resolutions in which I shall be as brief as I may be For personall Authorities I shall not be ambitious to remember many especially Papists whose common constant received opinion and practise hath alwayes been and yet is That Subjects upon the Popes command alone and absolution of them from their Soveraigns allegiance may and ought to take up even offensive Arms against their owne naturall Princes excommunicated interdicted deposed or onely declared contumacious Schismâ—ticall or Hereticall by the Pope without yea against their Kingdoms Parliaments privities or consents much more then with their approbation What Papists have determined and practised in this very point you may read at large in Gratiau himself Causa 15. Quaest. 6. and Causa 23. in the very Oath of Supremacie and Statut of 3. Iacobi ch 4. which prescribes it in Bishop Iewels view of a seditious Bull in Doctor Iohn Wâ—ite his Defence of the way Chap. 6. 10. in Abbas Vsper geâ—sis Sabellicus Valateranus Grimston and others in the Lives of the Roman and German Emperours in Aventine his Annalium Boyorum the Generall and Particular Histories of France Sparn Germany Italy Sicily Hungary England in Bishp Bilsons third part of the True Difference between Christian Subjection and unchristian Rebellion In suâ—dry Sermons on the fift of November to which I shall refer you In Pope Paschal his letter to Robert Earl of Flanders about the year of our Lord 1107. exorting him to war against those of Leige Henry the Emperour and his Assistants wheresoever he should finde them excommunicated and deposed as an Heretike and enemy to the Church telling him that he could not offer a more gratefull sacrifice to God then to ware against them concluding Hoc tibi Militibus tuis in peccatorum remissionem Apostolicae sedis familiaritatem praecipimus ut his laboribus triumphis ad Coelestem Hierusalem Domino praestante pervenias Which Let er was excellently answered by those of Leige And in the Councel of Towres in France under Lewes the twelfth Anno 1510. it was unanimously resolved by the Church of France That if the Pope did make war upon temporall Princes in lands which they held not of the patrimony of the Church they might lawfully by force of Arms resist and defend both themselves and others not only repulse this injury but likewise invade the lands of the Church possessed by the Pope their notorious enemy not perpetually to retain but to hinder the Pope from becomming more strong and potent by them to offend both them and theirs And that it was lawfull for such Princes for such notorious hatred and unjust invasion to withdraw themselves from the Popes obedience and with armed force to resist all censures denounced by the Pope against them their subjects and Confederates and that such sentences ought not to be obeyed but are mear nullities in law which obliege no man Yet I must inform you further in brief that Iohn Maior a Popish Schoolman in Lib. 4. Sentent as Grotius writes affirms That the people cannot deprive themselves of the power not onely of resisting but deposing Kings in cases which directly tend to their destruction and that Iohn Barclay a late Scottish Priest though a strenuous defendor of Princes Prerogatives expresly averres That if a King will alienate and subiect his Kingdom to another without his subiects â—onsents or be carried with atrâ—e hostile minde to the destâ—uction of all his people that his Kingdom is thereby actually lost and forfeited so as the people may not onely absolutely resist and disobey but depose him and elect another King to which Hugo Gortius a Protestant freely subscribes and Iohn Bodinâ—â— â—oweth of Subjects resistance yea deposing kings in some Kingdoms absolutely and in some cases generally in all De Repub. l. 1. c. 10. l. 1. c. 5 l. 5. c. 5. 6. For Protestant personall authorities we have Huldericus Zuinglius Explanatio Articuli 40 41 42 43. Tom. 1. fol. 82. to 86. who allows not only Subiects actuall resistance but deprivation of Kings Where Princes set themselves to subvert Religion Laws Liberties and that by the common consent of the States in Parliament from whom Kings originally receive their Royall power and authority Martin Luther Bugenhagius Iustus Ionas Ambsdorfius Spâ—lotinus Melancthon Cruciger and other Divines Lawyers Statesmen Anno 1531. who published a writing in justification of defensive Arms by subjects in certains cases Sleidan Hist. lib. 8. 18 22. David Chrytraeus Chron. Saxoniae l. 13. p. 376. Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto p. 231. 232. 225 227 c. A book intituled De Iure Belli Belgici Hagae 1599. purposely justifying the lawfulnesse of the Low-countries defensive war Emanuel Meteranus Historia Belgica Praefat. lib. 1. to 17. David Parâ—us Com. in Rom. 13. Dub. 8. And. Quaest. Theolog. 61. Edward Grimston his Generall History of the Netherlands l. 5. to 17. passim Hugo Grotius de Iure Belli Pacis lib. 1. cap. 4. with sundry other forraign Protestant writers both in Germany France Bohemia the Netherlands and elsewhere Iohâ— Knokes his Appellation p. 28. to 31. George Bucanon De Iure Regni apud
Promises Articles Agreements which they never faithfully observe to any in the least degree and all this to ruine the Kingdom People Parliament and Religion yet they justifie these their actions and the Parliament People must not controule nor deem them Traytors to their Country for it And may not the Parliament then more justly impose a moderate in-destructive necessary taxe without the King for the Kingdoms Religions and Peoples defence and preservations against their barbarous Taxes Plunderings and Devastations then the King or his Commanders Souldiers play such Rex and use such barbarous oppressions without yea against the Parliaments Votes and consents Let them therefore first cease their own most detestable unnaturall inhumane practises and extortions of this nature and condemn themselves or else for ever clear the Parliament from this unjust Aspersion The last Objection against the Parliament is That they have Illegally imprisoned restrained plundered some Malignants and removed them from their habitations against Magna Charta the Fundamentall Laws forenamed and the Liberty of the Subject contrary to all Presidents in former Ages To which I answer First That the Objectors and Kings party are farre more guilty of this crime then the Parliament or their Partisans and therefore have no reason to object it unlesse themselves were more innocent then they are Secondly For the Parliaments imprisoning of men pretended to be against Magna Charta I answer first That the Parliament is not with in that or any other Law against imprisonments as I have formerly cleered Therefore is not obliged by it nor can offend against it Secondly That it hath power to imprison restrain the greatest Members of their own Houses though priviledged men exmept from all other arrests and publike persons representing those that sent them thither Therefore much more may they imprison or restrain any other private persons notwithstanding Magna Charta And the Parliament being the supreamest Iudicaturo paramount all other Courts their commitments can not be Legally questioned determined nor their prisoners released by Habeas Corpus in or by any other inferior Court or Judicature whatsoever 3. The Parliament hath power to make new Laws for the temporall and perpetuall imprisonment of men in mischievous cases where they could not be imprisoned by the Common Law or any other Act before or since Magna Charta and so against the seeming letter of that Law w ch extends not to the Parliament and what persons they may restrain imprison by a new enacted Law though not restrainable before by a Magna Charta or the Common Law without breach of either they may whiles they sit in case of publike danger restrain imprison by their own Authoritie without or before a new Law enacted In how many new Cases by new Statutes made since Magna Charta the Subjects may be lawfully imprisoned both by Judges Justices Majors Constable and Inferiour Courts or Officers whereas they could not be imprisoned by them by the Common Law before these Acts without breach of Magna Charta and violating the Subjects Liberties you may read in the Table of Rastals Abridgements of Statutes and in Ashes Tables Title Imprisonment and False-Imprisonment Yea by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Mary cap. 3. 5. and 6. cap. 1. Eliz. cap. 2. with others Acts perpetuall imprisonment during life is inflicted in some cases for which no imprisonment at all could be prescribed before these Acts and for crimes for which the parties were not formerly punishable yet for the publike weale peace safety and prevention of private mischiefs even against the Letter as it were of the great Charter the Parliament hath quite taken away all liberty the benefit of the Common Law and of Magna Charta it self from parties convicted of such offences during their naturall lives and if they bring an Habeas Corpus in such cases pretending their perpetuall imprisonment and these latter Laws to be against Magna Charta they shall notwithstanding be remanded and remain prisoners all their dayes because the Parliament is above all Laws Statutes yea Magna Charta and may deprive any Delinquents of the benefit of them yea alter or repeal them for the common good so farre as they see just cause Though neither the King nor his Counsell nor Iudges nor any Inferiour Officers or Courts of Iustice have any such transcendent power but the Parliament alone to which all men are parties really present and allowing all they do and what all assent to decree for the common good and safetie must be submitted to by all particular persons though never so mischievous to them this being a Fundamentall Rule even in Law it self That the Law will rather suffer a private mischief then a generall inconvenience Seeing then the Parliament to prevent publike uproars sedition treachery in or against the Kingdom Cities Houses or Counties where factious persons live hath thought meet to restrain the most seditious Malignants especially these about London and Westminster where they sit and to commit them to safe custody till they receive some good assurance of their peaceable behaviour they must patiently suffer their private restraints for the common safety tranquility till the danger be past or themselves reformed who if they reform not their own malignity not the Parliaments cautelous severity themselves must be blamed since they detain themselves prisoners only by not conforming when as the Parliament desires rather to release then restrain them if they would be regular and so they must blame themselves alone not clamour against the Houses All Leprous persons by the Leviticall and Common Law were to be sequestred and shut up from others least they should infect them and so all persons visited with the Plague by late Statute Laws may be shut up without breach of Magna Charta Why then not Malignant seditious ill affected persons who infect others in these times of Commotion and Civill Warres as well as Leapers and Plague sick persons removed into Pest-houses for fear of spreading the Infection upon the self-same grounds by the Houses Authority The Parliament by an Ordinance Act or Sentence hath Power to banish men out of the Kingdom in some cases which no other Court nor the King himself can lawfully dâ— as was expresly resolved in Parliament upon the making of the Sâ—atute of 35. Eliz. cap. 1. as is evident by the case of Thomas of Weyland An. 9. E. 1 Of Peirce Gavâ—ston and the two Spencers in King Edward the second his raign Of the Lord Maltravers in Edward the third his raign Of Belknap and divers over Iudges in the 10 and 11 yâ—ers of Richard 2. his reign by the Statutes of 33. El. c. 1. Separatists and of 39. El. c. 5. Rogues are to be banished and in Calice heretofoâ—â— a woman might be justly banished the Town for adultery and a scould
delivered into the custody of the Barons that all Aliens within a certain time should void the Realm except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom and that faithfull and profitable natives of the Realm should thenceforth dispose of the affairs of the Kingdoms under the King But THE QUEEN instigated with foeminine malice contradicted it all she could whâ—ch made the people revile and cast dirt and stones at her as she was going to Windsore enforcing her to retire again to the Tower How William Long shamp Bishop of Ely Lord Chancellour of England Earl Iohn and others when they disturbed the peace of the Realm and turned Malignants were apprehended besieged imprisoned excommunicated and their Goods and Castles seised on by the Lords and Commons out of Parliament yea during the time of King Richard the first his absence and captivitie you may read at large in Roger de Hovedon Holinshed Daniel and others Why then the Lords and Commons in Parliament may not now much more do the like â—or their own and the whole Kingdoms safety I can yet discern no shadow of reason I will not trouble you with Histories shewing what violent unlawfull courses Kings and People have sometimes used to raise moneyes in times of warre by sacriledge rapine and all manner of indirect means I rather wish those Presidents and their occasions buried in eternall silence then reduced into practise and verily perswade my self that every ingenuous true born Englishman who hears a reall naturall affection to his Countrey or a Christian love to his Brethren the Parliament and Religion will according to his bounden duety the Protestation and Covenant which he hath taken rather freely contribute his whole estate if need so require towards the just defence of his Countrey Libertie Religion and the Parliament against the treacherous Conspiracies of the Pope Jesuites forraign Catholikes Irish Rebels English Papists and Malignants who have plotted their subvertions then repine at or neglect to pay any moderate Taxes which the Parliament shall impose or inforce the Houses to any extraordinary wayes of Levying Moneyes for want of ordinary voluntary supplyes to maintain these necessary defensive warres I shall close up all in a few words The Parliament hath much against their wills been inforced to this present defensive warre which they have a most just and lawfull power to wage and manage as I have elsewhere evidenced by the Fundamentall Laws of the Realm yea by the Law of God of Nature of Nations This warre cannot be maintained without Moneyes the sinews of it wherefore when voluntary contributions fail the Houses may by the same Laws which enabled them to raise an Army without the King impose necessary Taxes for the maintaining of it during the warres continuance else their Legall power to raise an Army for the Kingdoms defence would be fruitlesse if they might not Levy Moneyes to recrute and maintain their Army when raised which Taxes if any refuse to pay they may for this contempt be justly imprisoned as in cases of other Sudâ—idies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or sâ—duce or withdraw others by a factious slanderous speeches against the Power and Proceedings of the Parliament from assisting the Parliament in this kinde they may for such misdemeanours upon conviction be justly censured confined secured and their estates sequestred rather then the Republike Parliament Religion or whole Kingdom should miscarry It is better that one should perish then all the Nation being the voyce of God Nature and resolution of all Laws Nations Republikes whatsoever If any hereticall scismaticall or vitious persons which may poyson others with their pernicious false doctrinâ—s or vitious wicked lives appear in the Church they may after admonition if they repent not yea and de facto are or ought to be excommunited the Church and societie of all faithfull Christians so as none may or ought to converse with them till their repentance If this be good Law and Divinitie in the Church the banishing and confining of pestilent Malignants in times of warre and danger must by the self-same reason be good Law and Divinitie in the State â—I have now by Gods assistance notwithstanding all distracting Interruptions Avocations Remoraes incountring me in this service ran through all Objections of moment which the King or any opposites to this Parliament have hitherto made against their proceedings or jurisdictions and given such full answers to them as shall I trust in the generall abundantly clear the Parliaments Authoritie Innocency Integritie against all their clamarous malignant Calumnies convince their Judgements satisfie their consciences and put them to everlasting silence if they will without prejudice or partialitie seriously ponder all the premises and ensuing Appendix which I have added for their further satisfaction information conviction and the confirmation of all forecited domestick Laws Presidents by forraign examples and authorities of all sorts And if any shall yet continue obstinate and unresolved after so many convincing Reasons Presidents Authorities or still retain an ill opinion of the Parliaments proceedings I shall desire them onely seriously to consider the most execrable conspiracy of the Pope Jesuites and Popish party in all His Majesties three Realms to extirpate the Protestant Religion subvert the Government Parliament and poyson the King himself if he condescend not to their desires or crosse them in their purposes whom they have purposely engaged in these warres still continued by them for this very end to enforce the King to side with them and so gain possession of his person to accomplish this designe of theirs as is cleerly evidenced to all the world by Romes Master-Peece the English Pope the Declaration of the Lords and Commons concerning the Rise and Progresse of the Irish Rebellion and then advisedly to consider in what great present danger the Kingdom King Parliament and Religion are when the Popish Partie and forces now in Arms have gained the Kings Princes and Duke of Yorkes persons into their custodie the Cities of Chester and of late Bristoll the Keyes of England with other Ports to let in all the Irish Rebels upon us to cut our throats in England as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland it being one part of their designe now presently to be executed as appears by sundry Examinations in the Irish Remonstrance for which end some thousands of Irish Rebels who have all embrued their hands there in English bloud are already landed here and are in great favour and command about the King To which if they adde the omnipotent over-ruling power of the Queen the Head of that partie with the King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to
manus meas devenient sine difficultate restituere procurabo Ad hanc autem pertinent tota terra quae est de Radicafano usque ad Ceperanum Exarcatus Ravenna Pentapolis Marchiae Ducatus Spoletanus terra Conitissâ—e Mathildis Comitatus Bricenorij cum alijs adjacentibus terris expressis in multis privilegijs Imperatorum à tempore LVDOVICI PII FRANCORVM ET ROMANORVM IMPERATORIS CHRISTIANISSIMI Has omnes propossâ— mâ—â— restituam quietè dimittam cum omne jurisdictionâ— districtâ— honore suo Verunt amen cum adrecipiendam Coronam Imperij vel pro necessitatibuâ— Ecclesia Romanaâ— ab Apostolica sede vocatus accessero demandato summi Pontifâ—â—â—â— ab illis terris praestationes accipiam Praetereà adjutor ero ad retinendum defendendum Ecclesiae Romanae REGNVM SICILIAE Tibi etiam Domino meo Innocentio Papae Successoribus tuis omnem obedientiam honorific entiam â—xhibeo quam devoti Catholiâ—i Imperatores consueverunt Sedi Apostoliâ—ae exhibere Stabo etiam ad consilium arbitrium tuum de bonis â—onsuetudinibus populo Romano servandis exhibendis de negotio Tusciae Lombardiae Et si proptâ—r negotium meum Romanam Ecclesiam oportuerit inâ—urrere guerram subveniam ei sicut necessitas postulaverit in expensis Omnia vero praedictatâ—m juramento quam scripto firmaâ—o cum Imperij Coronam adeptus fuero Actum Aquis-Grani Anno Incarnationis Dominicae Millessimo Ducentessimo Quinto mense Marcy Regni nostri septimo William Rishanger Monk in the Abbey of Saint Albane in England continueâ— of the History of Matthew Paris observeth under the year 1263. that the king of England Henry the third and the Barons of England who made warre upon him committed their whole difference and quarrell to be judged by the Parliament of France Vt pax reformaretâ—r inter Regem Angliae Barones ventum est ad istud ut Rex pâ—oceres se submitterent ordinationi Parliamenti Regis Franâ—ae in the time of Saint Lewis in prâ—emissis provisionibus Oxoniae Nec non pro depraedationibus damnis utrobique illatis Igitur in crastino S. Vincentij congregato Ambianis populopene innumerabili Rex Franciae Ludovicus coram Episcopis Comitibus alijsque Francorum proceribus solâ—mniter dixit sententiam pro Rege Angliae contra Barones statutis Oxoniae provisionibus ordinationibus ac obligationibus penitus annullatis Hoâ— excepto quod antiquae Chartae Joannis Regis Angliae universitati concessae per illam sententiam in nullo intendebat penitus derogare In this Parliament at Amiens were present the King of England Henry the third Queen Elenor his wife Boniface Archbishop of Canterbury Peter Bishop of Hereford and Iohn Maunsell and on the Barons of Englands side a very great number of choice elected Lords who the same year repassed back into England after the Parliament as the same Monk speaketh Thus Favine in the behalfe of the French Parliaments concerning whose power and priviledges you may read much more in him and others But to returne to the former History The Queen Mother was much discontented with this Remonstrance of the Parliament pretending that they had an intent to call her Regency in question which all had commended that they could not speak of the Government of the affaires of the Realm without touching her c. Whereupon she commanded the Chancellour to give them this answer in the kings name That France was a Monarchy wherein the king alone commanded holding his Realm Soveraignly from God That he had Lawes and Ordinances by which to governe them for the which he was not to give an account to any man That it did not belong unto the Parliament to controll his Government That they neither could nor ought to complain of the Queens Regencie which had been so happy That the Queen was not to give an account of her Regency but to God onely That no man could prescribe unto the King what Councellors he should entertain c. with many other such bigge words After which there was a Deâ—ree made in the Councell of State against the Decree and Remonstrance in Parliament disanulling and revoking them as void and forbidding the Parliament hereafter to meddle with affairs of State The Court of Paliament in generall complained much of this Decree the kings learned Counâ—â—ll refuse to carry or cause it to be read in Parliâ—ment because it would cause an alteration of the good affections and devotions of the Kings good subjects and the dis-union of the greatest companies of the Realme who administer justice which makes kings to Reign After which this controversie was compremised and the Decree of the Councell against the Parliament suspended and not enrolled Soon after the prince of Conde with divers others seeing all things disordered at Court and little or no reformation of their former grievances desert Paris expressesse their grievances in â—undry letters and Articles of complaint wherein they complain of the want of freedom and redresse of their grievances presented in the last assembly of the three Estates of the Decree and proceedings against the Iurisdiction Remonstrance and proceedings of the Parliament of Paris Of suffering some Councellâ—rs of State to usurpe all the power of the Kingdom to pervert the Lawes and change all things as they list with sundry other particulars In these they intreat and exhort all men of what condition or quality soever that call themselves Frenchmen to assist and ayde them in SO IVST A CAVSE conjuring all Princes and forraign Estates to do the like and not to suâ—â—er such good and loyall subjects to be supprest by such a conspiracie Vpon this the king and Q. Mother through advise of these ill Counsellors raise an Army declare these Princes and Nobles Rebels and Traitors if they submit not by a day wherupon they Arm raise Forces in their own the publikes defence and being at Noyon concluded That as their Armes were levyed forthe maintenance of the Crown so they should be maintained by it to the which end they seized on the kings Rents and Revenues in sundry places Mean while the Protestants being assembled in a generall Synod at Grenoble Marsh. Desdiguires makes an Oration to them to disswade them from opposing the mariage with Spaiâ— wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of Religion and Liberties We have leisure to see the storme come and to prepare for our own preservation Finally having continued constant in our Duties if they seek to deprive us of our Religien and to take that from us wherein our libertie and safetie depends purchased by the blood of our Fathers and our own and granted unto us by that great King Henry the fouâ—th the restorer of France we shall enter into this comerce full of justice and true zeale finde againe in our breasts the courage and vertue of our Ancestors We shall be supported IN OVR JVST DEFENCE
the Kings of Aragon intreated in those times by their subjects who entred into a Vnion between themselves resolving That for the common cause of liberty Non verbis solum SED ARMIS CONTENDERE LICERET that it was lawfull for them to contend not onely with words BVT WITH ARMS TO and determined in this assembly of the States A Comitijs intempestive discedere REGI NEFAS ESSE That it was unlawfull yea a grand offence for the king to depart unseasonably from his Parliament before it was determined Our present case Iames the second of Aragon being in Sicily at the death of King Alphâ—nso Don Pedro his brother assembled the Estates at Saragossa to consult left the State in his absence would receive some prejudice where James arriving having first 〈◊〉 and promised the observation of the Rights and Priviledges of the Countrie was received and crowned king About the year 1320 Iames by advice of his Estates held at Tarragone made a perpetuall Vnion of the Realms of Arragon and Valencia and the Principalâ—ty of Catelone the which from that time should not for any occasion he disunited In which assembly Don Iames eldest son to the Crown being ready to mary Leonora of Castile suddenly by a strange affection quitting both his wife and succession to the Realm of Arragon told his Father That he had made a â—ow neither to marry nor to reign so as notwithstanding all perswasions of the King and Noblemen he quit his Birth-right to his Brother Don Alphonso after the example of Esau discharged the Estates of the Oath they had made unto him and presently put on the habite of the Knights of Ierusalem Whereupon his second brother was by the Estates of Arragon acknowledged and sworn heir of these Kingdoms after the decease of his father At this time the Authority of the Iustice of Aragon was so great That it might both censure the King and the Estates and appoint them a place and admit them that did assist or reject them Ferdinand the fourth king of Castile being but a childe when his father Sancho died was in ward to his mother Queen Marry his Protectresse he had two competitors to the Crown Alphonso de la Cede and Don Iohn who making a strong confederacy were both crowned Kings against right by severall parts of his Realm which they shared between them The States assembled at Zamora granted great sums of money to Ferdinand to maintain the wars with his enemies and procure a dispensation of Legitimation and marriage from the Pope who would do nothing without great fees After which he summoning an assembly of the Estates at Mâ—dina they refused to meet without the expresse command of the Queen Mother who commanded them to assemble and promised to be present After this divers accords were made twixt him and his competitors and at last calling an assembly of the Estates to assist him in his warres against the Moors he soon after condemned two Knights called Peter and Iohn of Caravajal without any great proofs for a murther and caused them to be cast down headlong from the top of the Rock of Martos who professing their innocency at the execution they adjourned the king to appear at the Tribunall Seat of Almighty God within thirty dayes after to answer for their unjust deaths who thereupon fell sick and died leaving his son Alphonso the 12 very young for whose Regency therebeing great competition the inhabitants of Avila and their Bishop resolved not to give the possession and government of the Kings person to any one that was not appointed by the assembly of the Estates Whereupon the Estates assembling at Palence committed the government of his person to Q. Mary his Grandmother and Queen Constance his mother who dying another Assembly of the Estates was called at Burgos Anno 1314. who decreed that the Government of the King and Regencie of the Realme should be reduced all into one body betwixt Q Marry Don Pedro and Don Iohn and if any one of them should dye it should remain to the two other that did survive and to one if two dyed After this Anno 1315. these Tutors and Governours of the Realme of Castile were required by the Estates in an Assembly at Carrion to give caution for their government and to give an account what they had done Who often jarring and crossing one another divers Assemblies of Estates were oft called to accord them Anno 1320. The Estates assembling appointed new Governours of the King and Realme who discharging their trust very lewdely and oppressing the People Anno 1326. they were discharged of their Administration at a Parliament held at Vailledolet in which the king did sweare to observe the fundamentall Lawes of the Realme and to administer justice maintaining every one in his Estates goods and honour Which done the Deputies of the Estates swore him Fealty This King afterwards proving very cruell and tyrannicall his Nobles and Subjects of times successively took up defensive armes against him his Tyranny augmenting their obstinacy and procuring him still new troubles Whereupon at last discerning his errours he became more mild and often assembled the Estates in Parliament who gave him large Subsidies to maintain his warres against the Moores The Province of Alava had a custome to chuse a Lord under the Soveraignty of Castile who did govern and enjoy the revenues appointed by the Lords of the Countrey for the election of whom they were accustomed to assemble in the Field of Arriaga those of this Election being called Brethren and the Assembly of the Brotherhood Notwithstanding in the yeer 1332. the Brotherhood and Estates of this Province sent to K. Alphonso divers Articles which they beseeched him to confirme promising for their part that this should be their last Assembly and that the name and effect of their Brotherhood should remain for ever extinct and the Province be for ever united to the Crown of Castile if he would confirme those Articles to them being 17. in number which he did The chiefe were these That the King nor his Successors should not alien any place of his Demesnes That the Gentlemen and their goods should be free and exempt from all Subsidies as they had been heretofore That they and others of the Countrey should be governed according to the customes and rights of Soportilla And that divers Townes and Villages therein specified should be free from all Tributes and Impositions About the yeer 1309. Mahumet King of Granado becomming casually blind was soon after deposed by his own Brother and the great men of his Realme who were discontented and disliked to be governed by a blind King who could not lead them to the warres in pâ—rson Which Kingdome went by Election commonly as is evident by his three next successours and Mahumet the sixth King of Granado Anno 1307. Lewes Hutin was crowned King of Navarre at Pampelone where he sware to observe the Lawes and Rights of the Realme After which Anno 1315. Philip
cease to be a King or at least be lesse a King those verily who shall study the profit of the Kingdom are truly the Kings friends those who neglect or subvert the profit of the Realm are truly his Enemies and as thou câ—nst by no means separate the Kingdom from the people nor the King from the Kingdom so neither the friends of the King from the friends of the Kingdom or people yea verily as those who truely love Caesar would rather have him to be a King then a private man nor can they have him a King without a Kingdom in good â—ooth those shall be the Kingdoms friends who are Caesars and those who would seem to be more the friends of Caesar then of the Kingdom or people are truly to be reputed Flatterers and most pernicious enemies But and if they bee truely friends is it not manifest that the King will become more powerfull and stable as Theopompus said of the Ephori when instituted by how much those shall be more and more powerfull to whom the profit of the people or Realm shall be commanded and committed But perchance thou wilt say You tell me of the Senators Peers and Officers of the Realm but I on the contrary see nothing but Ghosts and as it were ancient Cote-Arms in Tragedies but I scarce any where discern any foot-steps of ancient libertie and authoritie Finally you may see most men every where to look to their own affairs to flatter kings to cheat the people scarce any where maist thou finde one who takes pity of the mascerated people much lesse who will give help to the miserable but if there be any who are truely of that minde or thought to be so they are judged Rebels or Traitors they are banished and they are compelled to begge even their very food What the thing is thus It seems almost alwayes and in every place the audacitie of Kings or partly the prevarication partly the slothfulnesse of the Nobility hath been such that kings may seem to have usurped that licentiousnesse wherewith most of them at this day seem to wax insolent by a long prescription of time but the people may seem to have determined their Authority or to have lost it by not using it For so it happens for the most part that no man takes care for that which all are bound to take care of that which is committed to all no man thinks it is commended to him Yet notwithstanding against the people neither this prescription nor prevarication doth any thing It is a vulgar saying that no prescription can hurt the king or Exchequer much lesse all the people who are potenter then the King and for whose sake the Prince hath this priviledge for why else is the Prince only the administrator of the Exchequer but for the people the true proprietors as shal be after proved Furthermore is not this a known truth that no violence no not in the longest lasting servitude can be prescribed against liberty But and if thou objectest that Kings were constituted by the people who perchance lived above five hundred yeer since not by the people extant at this day I answer that although kings doe die the people in the mean time as neither any other Universitie never dyeth for as flowing waters make a perpetuall river so also the vicissitude of birth and death an immortall people Therefore as the Rheine Seine Tyber is now the same as it was above a thousand years agoe so likewise the Germane French Roman people are the same unlesse Colonies shall have casually intervened neither can their right be any wayes changed either by the flux of water or change of individuals Besides if they attribute the Kingdom received not to their people but to their Father he to his Grandfather and so upwards could he transfer more right to another then himself first had But and if he could not as it is certain he could not is it not manifest whatsoever he shall arrogate to himself besides that he cannot any more usurp it then any theef But on the contrary the people have a right of perpetuall eviction Therefore that the Nobles have been for a long space oppressed in any Kingdom can no way prejudice the people but rather as the servant should not be heard who in that he hath a very long time detained his Lord captive should boast that he was not onely a Free-man but would likewise arrogate to himself a power of life and death over his Lord nor yet a Theefe who because he hath robbed 30. yeers or is the sonne of a Theefe should think himselfe to be without fault yea rather by how much the longer he hath been such a one the more severely should he be punished So likewise a Prince is not to be heard or endured who because he hath succeeded to a Tyrant or hath for a long time used the people like a bondslave from whom he hath received his kingdome or hath offered violence to the Nobles should think that what ever he lusted should be lawfull to him and ought to be granted of right Neither doe yeers substract any thing from the peoples right but adde to the injury of the King But what if the Nobles themselves have colluded with the King what if in betraying the cause they have betrayed the people as it were bound into the hands of a Tyrant shall the authority of the people by this prevarication or treason seem to be plainly transferred upon the King whether I say by this fact is any thing taken away from the liberty of the people or adjoyned to the licentiousnesse of the Prince You will say they may impute it to themselves who made choise of such men of perfidious faith But yet these are as patrons to patronize the publike profit and the peoples safety and liberty Therfore as when an Advocate shall make a compact with the adversary of his Client concerning the value of the suit as they speake if he had betrayed his cause he should not hurt him at all so this conspiracie of the Nobles as it were made to the dammage and destruction of the people cannot verily detract any thing from their right but even they themselves shall fall into the penalty of the Law which is promulged against prevaricators and the Law permits the people to chuse another patron and to prosecute their right againe For if the Roman people condemned their Emperors to punishment who at the Caudine Gallowes had dishonourably contracted with the enemies although by compulsion and reduced to greatest straits and judged that they were no wayes obliged by that paction shall not the people be much lesse bound to suffer that yoke which not by force but willingly not for feare of death but out of desire of gain hath been thus treacherously put upon them Or if those who ought to shake it off shall impose it or those who might doe it shall tolerate it He hath many other pertinent passages to the
should dare from thenceforth to lay hands on the Lords annoynted For till that time none in that Nation hath ever beene consecrated King after an Ecclesiasticall manner but whosoever had Tyrannically slaine a King put on the person and power of a King thereby and left the same likewise after a little fortune to his murtherer by a law of inveterate custome which verily out of acertaine Christian simplicity was thought by many to have beene therefore so frequently done because none of the former Kings had deserved to be initiated with the solemnitie of a Royall Unction Therefore Haco being slaine who had succeeded King Jâ—ge slaine by him when the succession of the Crowne seemed to belong to one Magnus a child Nephew to Jâ—ge the Wisemen and Nobles of the Realme by a common Decree caused the said child to be solemnly consecrated to be the Lords annoynted and crowned with a Diadem By which deed they thought that they had a Prince made sacred to them and that the disgrace of the ancient custome was thereby abolished But when Magnus had reigned some few yeares in great prowesse and happinesse a most infamous Priest Suerus surnamed Birkebain usurped a Tyranny twice defeated Magnus by warlike stratagems and at last utterly routed and slew him in battell notwithstanding his annoynting and usurping the Crowne renounced his holy orders married a wife and would have beene crowned by the Archbishop of that Land but he being a great man would neither be moved with prayers nor threats to annoynt an execrable head with sacred Unction for which he was banished the Countrey at last after two great victories against two competitors who were slaine Suerus obtained the Royall Crowne with mysticall Unction by the hands of a certaine Bishop compelled thereunto under paine of death as it were secure by his frequent successes from the uncertaine end of a long prospering tyranny c. By which History it is evident that it is but a childish simplicity to beleeve that the ceremony of annoynting Kings can of it selfe make Kings persons sacro-sanct or preserve them from violence or assassinations since it no way prevented this mischiefe in this Realme nor yet in any other the very first King for whose personall safety this ceremony of annoynting and crowning was introduced among the Norwegians and Danes being not long after slaine by his Subjects and competitor in battell I shall close up this with the notable sentence of deprivation solemnly given and executed against Wenceslaus the Emperour notwithstanding his annoynting The sentence of Degradation and Deprivation of the Emperour Wenceslaus King of Romans pronounced by the Electors of the Empire in the yeare of our Lord. 1400. IN the name of God Amen We John by the grace of God Archbishop of the Church of Mentz Arch-chancellor of the sacred Roman Empire throughout Germany make knowne to all men present and to come What various manifold and grievous as well incommodities as discords have for many yeares since beene brought into the holy Church continuing even to this present and daily sprouting up more abundantly to the most grievous convulsion imminution and dissipation of the sacred Roman Empire which ought to be a Garrison to the Church of God and the Christian world as they cannot be all written so the mischiefes daily increasing do manifestly enough teach and confirme And for this cause the Lords Electors of the sacred Roman Empire the ardent petitions of the holy Church Princes Nobles Cities Provinces and Subjects of the sacred Empire intreating desiring a prudent Moderator have long agone very often and seriously together with us admonished the most illustrious Prince Lord Wenceslaus King of Bohemia both by their owne and their friends labour and finally by letters and have diligently set before his eyes privately and publikely his unbeseeming and detestable manners and actions in governing as also the defects incommodities and discords of the said Church and Christian world likewise the most grievous avulsions and diminutions of the members of the sacred Empire hurtfully done and permitted to be done against the dignity of his name to wit that he hath not promoted peace in the Church although the great necessity of the Christian world as likewise his office of Advocate and Defendor of the Church earnestly required it and he hath also beene frequently desired required and admonished to doe it he notwithstanding perniciously mutilated the Empire and permitted it to be maimed in some members In the number whereof are Millain and the Province of Lombardy which were of the right of the same Roman Empire most ample emoluments returning thence to the Empire in which Dominion the Millainer like a Minister enjoyed it as a part of the Roman Empire when as He contrary to that which became his sublimity and dignity receiving money created a Duke of Millain and an Earle of Papia Moreover he hath alienated divers Cities and Lands belonging to the Empire as well in Germany as in Italy some whereof had returned to the same having little consideration that he ought to retaine them with the sacred Empire Moreover he hath sold for money to his friends very many naked and unwritten Parchments ratified notwithstanding with the Seale of his Majesty wherein it was lawfull both for them and others into whose hands these Parchments came to write what things they pleased under the royall Seale Out of which thing for the hurtfull diminution and dissipation of the rights and emoluments of the sacred Roman Empire great complaints are risen up Moreover he never had any care of the controversies and warres which alas for griefe have â—iserably afflicted and ruined Germany and other lands of the sacred Empire Hence spoylings burnings and robberies have sprung up with such lamentable encreases even at this day that none neither Clarks nor Laicks neither husbandmen nor Merchants neither men nor women whether by land or sea may converse in safety Temples Monasteries and religious houses which the sacred Empire ought with its hand to assist and defend are exposed to rapines and burnings and reduced to destruction Things are gone to this passe that every one might have handled and may even now handle another at his pleasure against the reason of right and equity without any feare of the sacred and long despised Imperiall authority so as even the place of conventing any one where the defence and patronage of right may be undertaken in the name of the Empire is altogether unknowne Finally which is horrible and dreadfull to be spoken both with his owne hand and the hand of other wicked instruments he hath with him he hath put to death drowned in the waters burned in the fire miserably and cruelly destroyed the reverend Bishops of holy things Priests and spirituall Pastors likewise many other men of honest note against the rule of right otherwise then became the King of Romans Which mentioned things verily and many other grievous wickednesses and dammages are so divulged and openly knowne that they
can be no wayes excused or concealed Therefore we as we have fore-written have frequently very earnestly beseeched admonished and required him that renouncing this unbeseeming kind of life he would take the study and labour to himselfe whereby he might recover to the holy Church oft-times imploring his aide as King of Romans and her Advocate peace and tranquillity and to the sacred Empire its prestine honours Dominions and finally its emoluments to the assistance and consolation of the Christian world grievously debilitated and oppressed in this regard Now albeit we have most clearely explicated to the foresaid Lord Wenceslaus and exhibited to him in writing these and other more grievous defects concerning him as King of Romans and the Empire yet having heard his answers and having reiterated our serious exhortations moreover having communicated the businesse to the sacred Roman Sea we have never as yet found him to have amended his manners as became a King of Romans namely to recover peace to the Church principally nâ—cessary to the Christian world also to the sacred Empire its dignities lands and Dominions a thing which is most notoriously knowne throughout all the Provinces of the Empire Therefore because we could no longer neither conceale nor endure the remembred and many other defects touching the sacred Church and Empire with grievous losse and mourning by reason of the instant petitions of the persons aforesaid but especially by reason of the Oath wherewith we are obliged to the same as the next superiour members of the sacred Empire therefore as of bounden duty we were to advise and endeavour how the sacred Empire might be more rightly and wholesomly provided for by whose madde and negligent administration those inconveniences have crept in to the safegard and consolation of the Christian world And verily as He in obeying us had performed an acceptable thing so we have sufficiently and seriously called and cited him so as wee have signified to him that unlesse he should be present at the place and day appointed it would come to passe that both in respect of the petitions exhibited to us as likewise in respect of our Oath we should be compelled to take and enter into such counsels whereby the sacred Empire might be better setled most clearely attesting it in our letters For this purpose we appeared at the place and time prescribed together with our Coelectors sufficiently summoned also with the other Princes and of the sacred Empire expecting from day to day whether the foresaid Lord Wenceslaus would appeare to apply a remedy to the foresaid diseases and from thenceforth more rightly to consult about the affaires of the sacred Empire But he neither vouchsafed to appeare nor yet to send any one to us in the name of a Proctor Wherefore when as by reason of so many pregnant and pernicious defects we had admonished and reproved him very often in private and in friendly manner but after that when we could doe no good before the Princes and Nobles and Cities of the Empire in divers Assemblies not without great and grievous expences yet without any fruit therefore we referred all the fore-mentioned things to the sacred Roman Sea But when as neither then he no whit regarded all those things we could conjecture nothing else from thence but that he had laid downe the care both of the Church and Christian world but especially of the sacred Empire Therefore resolving that this mischiefe destructive to the whole Christian Republike was by no meanes to be any longer borne and tolerated with a minde well confirmed after many and various debates and consultations both betweene our selves as also with other Princes and Nobles of the sacred Empire seriously had for the safety of the Church the consolation of the Christian world the honour and profit of the sacred Empire we have thought meet that the foresaid Lord Wenceslaus should at this time be wholly removed from the Roman sacred Empire and all its dignity as one that is negligent and a destroyer of the Empire and unworthy of it Therefore we John Archbish. in the name of the foresaid Lords Coelectors of the sacred Empire and our owne moved both with the commemorated as also with many other notable defects and causes by this our sentence which we give and pronounce by this our present writing DEPRIVE and REMOVE the foresaid Lord Wenceslaus as an unprofitable negligent waster and unworthy Defender of the sacred Empire from the foresaid Roman Empire and from all his degree dignity and Dominions appertaining to the same denouncing to all the Princes Nobles Knights Gentlemen Cities Provinces and Subjects of the sacred Roman Empire that they are altogether free from all homage and Oath made to the person of Wenceslaus in the name of the Empire requiring and admonishing them under the faith of the Oath wherewith they are obliged to the sacred Empire that they doe not henceforth obey and submit to the said Lord Wenceslaus as the King of Romans nor exhibit or suffer to be exhibited to him any right obedience tribute rent or any other revenue by what name soever it may be called but reserve the said duties for a profitable and idonâ—ous King of Romans hereafter to be substituted by Gods gracious assistance In assurance and testimony of all which things We John Archbishop of Mentz have caused this present Instrument to be made by the subscribed Notaries in this patent forme and our great Seale to be affixed thereunto This premised sentence was read and pronounced by us John Archbishop of Mentz in our name and the names of the Lords Coelectors before remembred under the Castle Lonstein at the Rhene in the Diocesse of Triers reaching towards Brubachium out of a publike Throne erected for the use of a Tribunall the Lords Coelectors sitting there in judgement in the yeare of our Lords Incarnation 1400. the eight indiction on Saturday the twentieth day of the month of August a little before the time of the Nones in the eleventh yeare of the Papacy of our most holy Father and Lord in Christ Lord Boniface the ninth Pope by divine providence in the presence of the most illustrious Princes and Lords John sonne of the most illustrious Prince and Lord Rupert Duke of Bavaria and Count Palatine of Rheine Fredericke Burgrave of Norimberge the Noble Philip Lord of Nassau and Sarbrucke Emichon of Luringen John of Zigenhaim Cunrade Burgrave our Canon of Mentz Earles Bernhard of Westerburg John of Limpurge Rinehard of Honowe Barons Mr. Nicholas Berwin of the sacred Page John of Witenburg and Nicholas Burgman of the Decrees Mr. Herman President of Saint Gerion of Colen Doctors of the Law likewise the valiant Knight Sigfride of Lindow our Vice-Commander in Ringaugia John Bossen of Waldeck our Buggrave Beckelnheim and our trusty Henry Rulman of Dadenberg Gerard of Emerberg Lord in Lantscron Fredericke of Sachenheim Culman of Conâ—ren John of Dalburg Rudolfe of Zeiâ—â—ikon as also many other Lords Knights and Gentlemen spirituall and
and Silver Money he pleased Nobili aâ—dâ—â—tiam personas ignobiles Senescallos Iudices Capitaâ—cos Consules 〈…〉 Procâ—ratores Recepâ—ores quoscunque Officiarios alios creandi 〈…〉 ponendi in singulis locis Ducatus praedicti quandâ— opus erit inflitutos 〈…〉 Officiarios autedictos amovendi loco amotorum alios subrogandi c. Heere ◠〈…〉 the Title hoâ—â—ur of a Duke and Dukedome in France given by the 〈◊〉 of England as King of France by assent and authority of a Parliament in 〈…〉 Captaines and all other Officers within that Dukedome In the Parliament Rolls of 1. H. 4. num 106. The Commons Petitioned the King that for the safety of himselfe as likewise for the safety of all his Realmâ— and of his Lieges BY ADVISE OF HIS SAGE COVNSELL hâ—e would ordaine SVRE or trusty and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in Englaâ—d as in Wales to prevent all perills The very Petition in effect that this Parliament tendered to his Majestie touching the Militia To which the King readily gave this answer Le Roy le voet The King wills it In the same Rol. Num. 97. The Commons likewise petitioned That the Lords Spirituall and Temporall shall not be received in time to come for to excuse them to say That they durst not to doe nor speake the Law nor what they thought for DOVBT of death or that they are not free of themselves because they are more bound under PAINE OF TREASON to keepe their Oath then to feare death or any foâ—feiture To which the King gave this answer The King holds all his Lords and Iustices for good sufficient and loyall and that they will not give him other Counsell or Advise but such as shall be Honest Iust and Profitable for him and the Realme And if any will complaine of them in speciall for the time to come of the contrary the King will reforme and amend it Whereupon we finde they did afterwards complaine accordingly and got new Privie Counsellors chosen and approved in Parliament in the 11 th Yeare of this Kings Raigne as we shall see anone And in the same Parliament Num. 108. I finde this memorable Record to prove the King inferiour to and not above his Laws to alter or infringe them Item Whereas at the request of Richard laâ—e King of England in a Parliament held at Winchester the Commons of the said Parliamâ—nt granted to him that he should be in as good libertie as his Progenitors before him were by which grant the said King woulâ— say that he might turne or change the Lawes at his pleasure and caused them to be changed AGAINST HIS OATH as is openly known in divers cases And now in this present Parliament the Commons thereof of their good assent and free will confidâ—ng in the Nobility high discretion and gracious government of the King our Lord have granted to him That they will He should be in as great Royall Liberty as his noble Progenitors were before him Whereupon our said Lord of his Royall grace AND TENDER CONSCIENCE hath granted in full Parliament That it is not at all his intent nor will to change the Lawes Statutes nor good usagâ—s nor to to take other advantage by the said graunt but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH ACCORDING TO HIS OATH which he thus ratified with his Royall assent Le Roy le voet By which Record it is evident First that the Kings Royall Authority and Prerogative is derived to him and may be enlarged or abridged by the Commons and Houses of Parliament as they see just cause Secondly that King Richard the second and Henry the fourth tooke and received the free use and Libertie of their Prerogatives from the grant of the Commons in Parliament and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice Thirdly That the King by his Prerogative when it is most free by his Subjects grant in Parliament hath yet no right nor power by vertue thereof to change or alter any Law or Statute or to doe any thing at all against Law or the Subjects Rights and Priviledges enjoyed in the Raignâ—â— of ancient Kings Therefore no power at all to deprive the Parliament it selfe of this their ancient undubitable oft-enjoyed Right and Priviledge to elect Lord Chancellors Treasurers Privie Seales Chiefe Iustices Privie Counsellors Lord Lieutenants of Counties Captaines of Castles and Fortresses Sheriffes and other publike Officers when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety as now they doe and have as much reason to doe as any their Predecessors had in any age When they behold so many Papists Malignants up in Armes both in England and Ireland to ruine Parliaments Religion Lawes Liberties and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies In the 11. yeare of King Henry the 4 th Rot. Parl. numâ— 14. Art c. 1. The Commons in Parliament petitioned this King First That it would please the King to ordaine and assigne in this Parliament the most valiant sage and discretest Lords Spirituall and Temporall of His Realme TO BE OF HIS COVNSELL in aide and supportation of the Good and substantiall Government and for the weale of the King and of the Realme and the said Lords of the Counsell and the Iustices of the King should be openly sworne in that present Parliament to acquit themselves well and loyally in their counsels and actions for the weale of the King and of the Realme in all points without doing favour to any maner of person for affection or affinity And that it would please our Lord the King in presence of all the Estates in Parliament to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him to doe full Iustice and equall right to every one without delay as well as they may without or notwithstanding any command or charge of any person to the contrary To which the King gave this answer Le Roy le Voet After which the second day of May the Commons came before the King and Lords in Parliament and there prayed to have connusance of the names of the Lords which shall be of the Kings continuall Counsell to execute the good Constitutions and Ordinances made that Parliament To which the King answered that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves for divers reasonable causes for which he held them well excused and as to the other Lords whom hee had ordained to be of his said Counsell Their Names were these Mounsier the Prince the Bishop of Wâ—nchester the Bishop of Duresme the Bishop of Bath the Earle of Arundâ—â— the Earle of Westmerland and
dispositio râ—rum a Domino sit collata potestas And using likewise these memorable Speeches in those blind daies against the Pope and his usurped Supremacy with liberty Vt quid ad noâ—se extendit Romanorum insatiata cupiditas Quid Episcopis Apostolicis Militiae nostrae Ecce successores Constantini non Petri non imitantur Petrum in meriâ—is vel operibus nec assimulandi sunt in Potestate Proh pudor marcidi ribaldi qui de armis vel liâ—eralitate minime norunt jam toti mundo propter excommunicationes suas volunt dominari ignobiles usurarij Simoniales O quantum dissimuâ—es Petro qui sibi Petri usurpant partem c. I conceive this Excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes and the warre insuing it being but for their owne just defence when the King afterwards with fire sword and bloody barbarous Forraigne Forces wasted his Realme in a most inhumane tyrannicall maner Factus de Rege Tyâ—annus imo in bestialem prorumpens feritatem c. which necessitated the Barons for their own preservation and the Kingdoms devoted by this unnaturall Prince to Vassallage and utter desolation to elect Lewâ—s of France for their King Who together with the Peeres and Estates of France assembled at Lions concerning this Election resolved it to be just and lawfull and the Barons Defensive Warres against and rejection of King Iohn for his Tyranny and oppressions to be just and honourable since they did but flee to these extraordinary remedies and seeke for justice abroad when they were denied it by him that should give it them in as orâ—inary way at home chosing as King in place of a Tyrant as Matthew Paris with the generall History of France written by Iohn de Serres and Englished by Edward Grimston mâ—re largely manifest Secondly the Lawfulnesse and justnesse of the Bâ—rons Warres in Defence of Magna Chartâ— with other their Hereditary Rights and Liberties appeares most evidently by the resolution of all those Parliaments summoned by King Herry the 3d. Edward the 1 â— 2. 3. Richard the 2 d and other our succeeding Kings which have many times even by force of Armes or Menaces and sometimes by faire termes caused these Kings by new Acts of Parliament of ratifie Magna Charta the Chartâ—r of the Forest with other Fundamentall Liberties thus forcibly extorted from King Iâ—hn at first and constrained them to confirme hem with their Oathes and solâ—mne publicke Excommunications to be published by the Bishops in their Diocesse twice every yeare oft solemnly vowing and protesting both in and out of Parliament to defend these Lawes and Liberties with their estates armes lives blood which their ancâ—stâ—rs had purchased with their blood as I have manifested in the two first parts of this Discourse All which they would no doubt have forborne had they deemed it high Treason or Rebellion in point of Law to take up armes against their Kings in defence oâ— these Lawes and Privileges neither would our Kings and Parliaments in times of Peace have so frequently confirmed these Lawes and Immunities as just and necessary for the peoples welfare had they reputed their former purchases and confirmations by warre and armes no lesse then Treason or Rebellion And if it were neither Treason nor Rebellion in the judgements of our Ancestors and those Parliaments which procured and ratified Magna Charta to take up armes in defence thereof much lesse can it be Treason or Rebellion in the Parliament and Subjects now by Votes by Ordinances of both Houses with force of armes to preservâ— not only these their hereditarie Charters Lawes Priviledges but their very Lives Estates yea the Privileges and being of Parliaments themselves which are now invaded endangered What opinion the world had of the lawfulnesse of most of the Barons Warres in King Henry the 3d. his Raigne against this troublesome perfidious King in defence of their Lawes Liberties Estates appeares first by the Dialogue betweene Agnellus a Frier minorite one of King Henry his Counsell purposely sent to the Earle Marshall then in armes against the King and this Martiall Earle in the Abbey of Morgan Anno 1233. I will first relate the true state of that Warre and then their Dialogue concerning it King Henry by the ill counsell of Peter Bishop of Winchester removed all his English Officers Counsellors and Servants from his Court and put Poictovines and Forraigners in their places being ruled wholly by them withall he puts the English Garisons out of all his Castles and substitutes Forraigners in them which dayly arived both with Horse and armes in great multitudes and much opprested the people calling them Traitors so that the power and wealth of the Realme was wholly under their Command The Earle Marshall seeing the Noble and Ignoble thus oppressed and the rights of the Kingdome like utterly to be lost provoked with a zeale of Iustice associating to himselfe other Noble men goes boldly to the King reproves him in the hearing of many For calling in those Poictovines by evill Counsell to the oppression of the Kingdome and of his naturall Subjects and like wise of Lawes and Liberâ—ies Humbly beseeching him hastily to correct these excesses which threatned the imminent subversion both of His Crowne and Kingdome which if he refused to doe he and the other Nobles of the Realme would withdraw themselves from his Counsell as long as he harboured those Strangeâ—s To which Peter of Winchester replyed That the King might lawfully call in what strangers he would for the Defence of his Kingdome and Crowne and likewise so many and such as might compell his proud and rebellious Subjects to due Obedience Whereupon the Earle Marshall and other Nobles departing discontented from the Court when they could get no other answer promised firmely one to another That for this cause which concerned them all they would manfully fight evâ—n to the separation of Soule and Body After which they seeing more Strangers arrive with Horse and armes every day sent word to the King That hee should foorthwith remove Bishop Peter and all his Strangers from his Court which if he refused they all would BY THE COMMON CONSENT OF THE WHOLE REALM 〈◊〉 him with his wicked Counsellours out of the Realm and consult of chusing them a new King After these and some other like passage the King raysing an Army besiegeth one of the Earles Castles and not being able to winne it and ashamed to raise his Seige without gaining it he sent certaine Bishops to the Earle and requested him that since he had besieged his Castle and hee could not with Honour depart without winning it which he could not doe by force that the Earle to save his Honour would cause it to be surrended to him upon this condition That hee would restore it certainely to him within 15. dayes and that by advise of the Bishops hâ— would amend â—all thing amisse in his Kingdome for performance of
received as indubitable verities by most men yea professedly defended by sundry injudicious Lawyers and ignorant Divines though perchance reputed learned solid in their own and others opinions who never tooke the paines to dive into the true originall fundamentall creations institutions publicke Lawes Reasons Policies Iurisdictions compositions Rights Customes Histories of Kings Kingdomes Parliaments States Magistrates People the ignorance whereof hath made them confidently vent many grand absurdities and untruthes to the prejudice imbroyling and almost utter ruine of divers Kings and States which now I hope they will ingenuously acknowledge and recant with reall griefe and shame that they have so grossely cheated seduced Kings Kingdomes People and oft times stirred up civill warres to maintaine their idle lies crazy fictions as just Royall Rights and indubitable Prerogatives when as they are nothing lesse I shall not begge any mans beliefe of any Truth here newly discovered further than his own Iudgement conscience upon serious consideration shall convince him of it and himselfe discerne it fully ratified by substantial precedents and Authorities in the body and close of the Treatise Appendix Only this I shall request of every Reader to peruse over all the Parts of this Discourse with a cordiall Love of Truth and Peace and when he is convinced what is Truth then to live and dye in Pauls resolution 2 Cor. 13. 8. We can doe nothing against the Truth but for the Truth It was our Saviours owne reply to Pilate John 18. 37. For this end was I borne and for this cause came I into the world THAT I SHOULD BEARE WITNESSE UNTO THE TRUTH O then let it now be every ones end and practice too since it is the Truth and nothing else that shall make and keepe us free Free from Errors Troubles Tumults Warres Slavery Tyranny Treachery Popery dangers feares Wherefore love the Truth and Peace and then through Gods mercy we shall speedily regaine retaine them both Farewell THE Fourth Part of the Soveraign POWER of PARLIAMENTS and KINGDOMES The Parliaments Interest in the Militia Forts Navy Officers of the Kingdom IN the preceding Parts of this Discourse I have with as much perspicuity and sincerity as I could waded through those deepe and weighty differences of greatest importance which have lately to our great unhappinesse I know not by what evill spirits solicitation unexpectedly risen up by insensible degrees betweene the Kings Majestie and the present Parliament whose primitive sweet agreement made us not so happy as their subsequent Divisions in place affection opinion have rendred the whole three Kingdomes miserable in point of Royall Prerogatives onely which I have dispatched I should now proceed to other Controversies betweene them principally concerning the Subjects Liberties But before I passe to those particulars I shall present you with some few Records of speciall note casually omitted in their proper place through over-much haste and want of time which will very much cleare the Parliaments just right and ancient Jurisdiction In ordering the Militia of the Realme by Sea and Land in disposing the Ships the Forts of the Realme for the publicke safety in times of danger in concluding matters of Warre and Peace in placing and displacing the great Officers the Privy Counsellors of the Kingdome yea regulating the Kings owne houshold and meniall servants oft times when there was occasion which may serve as a supplement to the second part It it the determination of Henricus Rauzovius a Noble Dane a great Statesman and Souldier in his Commentarius Bellicus Dedicated to Christierne the fourth King of Denmarke Anno 1565. lib. 1. c. 3. That all Kings and Princes in most Republickes rightly and lawfully constituted are obliged by their paction entred into before their Inauguration Not to begin or move any Warre without the consent of all the Estates and Nobles Thus in my hearing Philip King of Spaine when he demanded and tooke an Oath from his Subjects in the Netherlands promised by a mutuall Oath to the Estates That he would make no warre in those parts without their priviâ—y The same also most Noble King is received and observed not only in your Kingdomes and 〈◊〉 but likewise is in use almost in all Europe Therefore Frederick your Father of most famous memory knowing himselfe to be bound hereunto by compact before he would be involved in the Swedish Warre communicating the whole businesse faithfully to his people as well to the Senators of the Realme as to the Nobles of the Dukedomes maturely advised with them about the manner of waging it Wherefore lest the Warre which is undertaken bee accused as unjust by the States because it was undertaken without their advice contrary to custome and agreements all ought to be assumed into the Counsell and care of Warre For thus it will come to passe besides that things very well thought on and deliberated by many have for the most part better successes then those things which are rashly begun by some one that the Subjects who not unwillingly bring their estates and lives into danger will lesse feare the losse of both will fight more valiantly and will put forth all their strength in prosecuting and ending the combate of warre even for this reason that themselves have beene the advisers of the warre Upon this reason not onely the Kings of the Iewes Arragon France Navâ—re and others as I have manifested in the Appendix but even of this our Realme have usually undertaken all their warres and ordered all their Military affaires both by Sea and Land by the advice and direction of their Parliaments as the Grand Councell of Warre both for King and Kingdome This I have plentifully manifested in the premises by sundry examples and shall here onely briefly ratifie with some few new Precedents In the first Parliament of 13 Ed. 3. after Proclamation made Num. 2. That none should come armed with weapons to the Parliament Num. 3. The causes of summoning the Parliament were shewed to the Lords and Commons to have their counsell and advice therein what was best to be done and expressed to be three First that every one great and small should consider in what manner the peace might most surely be preserved within the Realme Secondly how the Marches of Scotland and the Northerne parts might be best defended and kept against the enemies of Scotland Thirdly how the Sea should be guarded against the enemies that they should doe no dammage nor enter the Realme for to destroy it After thus Num. 4. The Bishops and Letters from the King then in France relate to the Houses the Estate of the Kings Army warres and proceedings in France and the great debts the King stood ingaged in for the maintenance of his Army for discharge whereof and the Kings further reliefe in the easiest way to support his warres the Lords condescended to grant the ninth sheafe of all their corne and the ninth fleece and Lambe of all their flockes to the
for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects â—o the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friendâ— and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgoine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pâ—essing the people with quoâ—idian taxes and â—allages and the spirituall men with dismes and other exactions he was at length discharged of that digniâ—ie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke of Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lâ—wes the eleventh as Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as his chiefe Councellors villaines and men of low birth as Iohn de Lude Iohn Balâ—a Oliver Devill whosâ— name for odiousnesse he changed into Daman with others whom he promoted to great honours and places VVhereupon the Lords murmured and were so discontented that the Duke of Brittaine and others withdrew them from the king and refused to come unto his presence when he sent for them raising a great power And when no peace could be mediated betweene the king and them they met in a plaine battell at Chartres where many were slaine on both sides but the king lost the field After which an accord was made betweene them but the king continued his old courses delighting more in the company of lewd irreverent persons to eate and drink with them and to heare them talke of ribaldry and vicious fables then to accompany his Lords which might have won him much honour going liker a Serving man then a Prince and being a great oppressor of his subjects to maintaine hiâ— prodigality for lack of money he was driven of necessitie to aske a preste of the citizens of Paris who after many excuses which might not be allowed they lastly denyed the kings pleasure VVherewithall he being