Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	earl_n	king_n	york_n	3,121	5	9.5804	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91303	The treachery and disloyalty of papists to their soveraignes, in doctrine and practise. Together with an exact parallel of the jurisdiction, power, and priviledges claimed and exercised by our popish Parliaments, prelates, Lords and Commons in former times, with those now claimed and practised by the present Parliament, Lords and Commons, which are here manifested to be farre more loyall, dutifull, moderate; more consistent with, lesse invasive on, and destructive to the Kings pretended soveraigne power and prerogative, then those of popish parliaments, and subjects. Wherein likewise the traiterous, antimonarchicall doctrines, practises and attempts of papists upon their soveraignes prerogatives, crownes, persons, with the dangerous consequences, effects, and designes, of their present illegall arming, and accesse to the Kings Army, and person by meanes of evill counsellours, are briefely discovered; ... It is ordered by the Committee for Printing that this treatise be forthwith printed and published, by Michael Sparke, senior. Januar. 13. 1642. John White.; Soveraigne power of parliaments and kingdomes. Part 1	Prynne, William, 1600-1669.; England and Wales. Parliament.	1643 (1643)	Wing P4108; Thomason E248_1; ESTC R203188	101,087	43

Subjects f 〈…〉 to be sworne to observe the same an● after bound them in bonds for the firmer keeping of the same to the great 〈…〉 doing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times 〈…〉 wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth 〈…〉 the same Parliament which continued notwithstanding Richards deposition who summoned it 〈…〉 created King who in the q ● H. 4. c. 1. 2 3 4. first Parliament of his Raigne reversed and annulled as illegall the P 〈…〉 liament of 21 Rich. 2. with all its Acts Circumstances and dependants and revived that of 11 Rich. 2. 〈…〉 all points as made for the great honour and common profit of this Realme To these I might adde t 〈…〉 r Walsing hist Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxt. p. 430. Hal Chr. par 1. f. 25 Hol. p 529. Speed p. 775. Maroin Fabian Grafion and others Rebellious insurrectious of Richard Scroope Arch-bishop of Yorke the Earle of Northumber land a 〈…〉 their Complices against King Henry the fourth Anno 1405. to reforme the State and government 〈…〉 lieve the Church and Common weale and Depose King Henry in and by a forced Parliament The Spee p. 486 Hunting lib. 8. insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forrests and 〈…〉 ther immunities of Church and Commonwealth which they would force him ●o confirme the severall k Wal●ing ham Hist Angl. p. 258. to 281. Speed ● 849. c. 734. c. insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vulgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new ones of their nomination to ratifie what propositions they required and subvert the government of the Real 〈…〉 with the l Speed p. 1032 to 1049 1112. to 1120. See Hall Grafton Holinshed Howes Martin in the lives of H. 8. Ed 6. and Q. Eliz. severall Rebellions of the Popish Lincolne-shire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the 8 his raigne Of the Cornish men Norsolke men Ket and others in Edward the 6. his rule of the Popish Earles of Northumberland Westmoreland and other Northern Papists in Queene Elizabeths dayes by force of Armes to compel● these severall Princes to summon Parliaments to repeale all Lawes against Mosse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demaunded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both houses representing the whole Kingdome and against the generall consent of the people But I shall conclude with one ancient president more in one of our be●● Kings reignes In 25. E. 1. m Walsig Hist Angl. p. 36 37 38. 39 40. 41. 42 44. 48. Ypoaigm● Neustriae p. 83. 84. 85. 86. 97. Cookes Magna Charta p. 530. to 580. The Lords and Commons in Parliament grievously complained and Petitioned to the King against divers taxes tallages and pris●ges wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forrest the imposition upon Woolls and their sommons to goe with him into Flanders to which they were not bound by Law The King excusing these taxes by reason of his necessity to mainetaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barrons of the Eschequor not to levie the 8. penny of the people granted to the King at S. Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the King should confirme Magna Charta and Charta de Forresta with the other Articles to them annexed that he should enact and take no ayds tax or tallage from the Clergie or Commons without their common consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his * Articuli s●per Charta● Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeate of all those who should transgresse this Charter of his For which the Laity gave him the 9 and the Clergie the 10. penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his Reigne after some delayes he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-sommoning them at quinidena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to 3. Bishops 3 Earles and 3. Barrons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope 〈…〉 ereupon the King holding a Parliament at Stamford the 29. of his Reigne the Lords and Barrons repaired thither with great store of horses and Armes with a purpose to extort a●ull execution of the Charter of the Forrest hither to deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixtly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull sommons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publicke affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great a Surius Concil Tom. 4. p. 103 c. Fox Act. and Monuments vol. 1. ●dit ult p. 879 c Councils of Basil Constans and divers Popish * John White his way c. Sect 37 n. 30. p. 102 Writers that a generall Councell once lawfully sommoned by ●he Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution th●se Coun●ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them to keepe themselves in their chaires This is apparent

houses license under paine a Major Pars est totum Brookes Corporations 34. Smiths Common-wealth of England l. 2. c. 3. ●f inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3. E. 3. 19. Fitz. ●orone 161. and Stamford l. 3 c. 1. f. 153 compleatly answers that fond cavill of the Malignants ●nd Royalists against this Parliament that the king and many of the other members have wilfully ●bsented themselves from the House of purpose to dissolve it if they could notwithstanding the late ●peciall Act made by their joyntconsents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and ●ogicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve ●oth Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these ab●ent members be the greater number why doe they not come and over-vote the rest in the House in peaceable legall usuall Parliamentary way rather then challenge them into the field in a military ●legall unusuall bloody manner unheard of in former ages If the lesser party then present or ab●ent the Major part must over-rule them volensnolens as it hath ever used unlesse they will be wil●●ller I cannot say wiser then all their predecessors put together As for his Majesties absence from Parliament by the pernicious advise of Evill Counsellors so Object ●uch insisted on by Malignants I answer 1. That it was without any just cause given by the Parliament Secondly It was much Answ ●gainst their wills who have a See their Messages and petitions to the king to this purpose oft importuned petitioned and used all possible meanes to procure ●is returne 3. His absence was procured and is yet continued by those alone who most unjustly ●axe the Parliament for it and would take advantage of this their owne wrong Fourthly though ●e be personally absent as a man yet he is still Legally present in Parliament called the kings pre●ence as he is a king as he is in al other his Courts of Iustice where all proceedings are entred b See Camdens Brit. p. 163. which stiles the Parliament the kings presence The Register of Writs Old New Natura Brevium old and new book of Entries Cookes Institures on Littleton f. 71. 6 Co●am Rege though the king never yet sate personally in either of them as he hath oft times done in his Parliament for the continuance whereof he hath passed such an Act as will inseperably tye his ●oyall presence to it though his Cavaliers about him should by force withdraw his person from it ●ot onely as farre as Yorke but the remotest Indies yea he must first cease to be king of England ere ●e can be legally absent from his Parliament of England This his wilfull personall absence from ●is greatest Counsell which desires and needes it is as many conceive an Act of the highest in justice ●hat ever any Prince could offer to his Parliament worse then a ● King 12. 2 Chron. 18. Reh●boams forsaking the counsell ●f his ancient Sages to follow the hare braind advise of his young Cavaleers for though he follow●d not their ancient prudent counsell yet he withdrew not himselfe from them as his Majestie ●oth now sever himselfe from his Parliament not onely without but against all prefidents of his ●oyall predecessors except king b Richard the second who once absented himselfe from his Parlia●ent above 40. dayes yet then returned to it upon better advise and the very common custome and ●aw of the Land which he is obliged by his Coronation oath and many late protestations added ●o it constantly to maintaine This appeares most clearely by the ancient Treatise of the man●er of holding of Parliaments in England both before and since the conquest * See Minshes Dictionary Title Parliament f. 526. tende●ed to and ap●roved by the Conquerone himselfe newly printed 1641 which in the Section touching the kings ●bsence from Parliament resolves thus The king is BOVND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily ●icknesse and then he may keepe his chamber yet so as he lye not without the Manour or Towne ●t the least where the Parliament is held and then he ought to send for 12. persons of the grea●est t Grafton p. 348. 349. 350. and best of them that are sommoned to the Parliament that is 2. Bishops 2. Earles 2 Ba●ons 2. Knights of the shire 2 Burgesses and 2. Citizens to looke upon his person to testifie and ●itnesse his estate and give A uthority to the Arch-bishop of the place the Steward of England ●nd chiefe justice that they joyntly and severally should begin the Parliament and continue the same ●● his name expresse mention being made in that commission of the * Note this cause of his absence there ●hich ought to suffice The reason is because there was wont to be a cry and murmure in the Par●iament for the kings absence because his absence is hurtfull and dangerous to the whole commo●alty of the Parliament neither indeede OVGHT OR MAY HE BE ABSENT BUT ONE●Y IN THE CASE AFORESAYD And whereas Malignants clamour that most of the ●ords are absent as well as the king and therefore this can be no lawfull Parliament The same ●uthor will in forme them that if the Lords be once sommoned to Parliament and then appeare ●ot or absent themselves the king may hold the Parliament with the commonalty and commons ●f the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in Eng●●nd because he represents a whole county towne or city the other himselfe alone without Bishops ●arles or Barons because in times past before there was either Bishop Earle or Baron yet even ●hen kings kept their Parliaments but on the contrary no Parliament can be kept by the king and ●eeres if all the Commons for the kings misgovernment or such like cause should absent them●●lves This is the judgement of r In Holinsheads Chronicle of Ireland f. 127. 128. Master John Vowel too who writes in this manner Yet ne●●rthelesse if the king in due order have sommones all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld ●● any thing then the king with the consent of his Commons may ordain establish any acts or Lawe● which are as good sufficient and effectuall as if the Lords had given their consents But on th● contrary if the Commons be sommoned and will not come or comming will not appeare or appe●ring will not consent to doe any thing alleaging some just weighty and great cause the King in thes● cases d Cromptons Iurisdiction of Courts f. 8. 4. H. 7. 18. 7. H. 7. 14. 11. H. 7. 27. Parliament

Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like ●o receive from this Popish Army the late Gunpouder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safetiè the Kingdome may expect in Church or State whiles Popery and Papists have any armed power or being among us f In his Sermon there Mar. 24. 1615. p. 43 44. Doctor John White hath long since proclaymed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it bath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the great his time but the Pope and his ministers have had a hand in it All that these ill advisers to colour their close g See Plaine English designe of reestablishing Popery principally intended can alledge Obj. Crimination 1. for arming Papists against Law is That the Parliament hath traytorously invaded the Kings Prerogatives in a high degree claymed a power and jurisdiction above his Majesty in sundry particulars and ●surped ●o its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolencies and reduce the Parliament to its due limits his Majestie is now necessited to raise an Army and pray in avde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall in this service To answer which pretence more fully though it be for the maine of it most palpably false yet by way of admission onely I shall suppose it true and with all possible brevitie manifest That Parliaments Prelates Peeres and Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of ●ll others have least cause to taxe the Parliaments proceedings and those ill Counsellors small reason to im●loy Answ or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its h The observations A suller answer to Doctor Ferne with others Advocates with its approbation affirme that ●e Parliament being the representative body of the whole Kingdome is in some respects of greater power and authoritie ●hen the King who though he be singulis major yet he is universis minor which is contrary to the oath of supremacy wherein every Subject * 1 Eliz. ch 2. doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SVPREAME GOVERNOVR of this Realme c. as well in all spirituall or Ecclesiasticall causes as Temporall ●nd a kind of unkinging his Majestie no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broa●hers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his ●eigne lib. 2. cap. 16. f. 34. a. resolves thus i Rex habet superiorem Deum c. Item legem per quam factus est Rex-Item Curiam s●●● viz. Comites et Barones quia Comites dicuntur quasi socis Regis qui habet socium habet m●●istrum Et ideo si Rex fuerit sine fran● i fine lege DEBENTEI FRAENVM IMTONERE c. But the King hath a SVPERIOVR to wil God Also the Law by ●hich he is made a King likewise his Court namely the Earles and Barons because they are called Comites as being ●e Kings fellowes or companions and he who hath a fellow or associate hath a Master and therefore if the King shall ●e without a bridle that is without Law they OVGHT to impose a bridle on him unlesse they themselves with the King ●all be without bridle and then the Subjects shall ery out and say O Lord Jesus Christ doe thou bind their jawes with it and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are ●bove the King and ought to bridle him when he exorbitates from the Law which he also seconds in some sort ●b 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes and after times that in the great Councell of Basil Anno 143● when this mighty question was debated whether a Pope were above a generall Councell or a Councell above him such a Councell was at last resolved to be above the Pope upon this reason among others k Fox Acts Monume Edit 1641. Vol. 2 p. 879 880. Aeneas Sylvius de gestis concilii Basiliensis Surius concil Tom. 4. The Pope is in the Church as a King is in his Kingdome and for a King to be of more authority then his Kingdome it were too absurd Ergo Neither ought the Pope to be above the Church In every well ordered Kingdome it ought specially to be desired that the whole Realme should be of more authority then the King which if it happened contrary were not to be called a Kingdome but a Tyranny And like as oftentimes Kings which doe wickedly governe the Common-wealth and expresse cruelty are deprived of ●heir Kingdomes even so it is not to bee doubted but that the Bishop of Rome may be deposed by the Church that is to say by the generall Councell At the beginning as * Lib. 2. Cicero in his Offices saith it is certaine there was a time when as the people lived without Kings But afterwards when Lands and possessions began to be divided according to the Custome of every Nation then were Kings ordained for no other causes but onely to execute justice for when at the beginning the common people were oppressed by rich and mighty men they ran by and by to some good and vertuous man which should defend the poore from injury and ordaine Lawes whereby the rich and poore might dwell together But when as yet under the rule of Kings the poore were oftentime● oppressed Lawes were ordained and instituted the which should judge neither for hatred nor favour and give like eare unto the poore as rich whereby wee understand and know not onely the people but also the King to be subject to the Law For if wee doe see a King to contemne and dispise the Lawes violently rob and spoyle his Subjects d●flower Virgins dishonest Matrons and doe all things licentiously and temerariously doe not the Nobles of the Kingdome Assemble together deposing him from his Kingdome set up another in his place which shall sweare to rule and governe uprightly and be obedient unto the Lawes Verily as reason doth perswade even so

Historians and Hen●y the fourth elected and created King in his stead In both which depositions the Popish Prelares were chiefe 〈…〉 ctors ſ Speed p. 869. 878. 879. 887. Holingshead Polychronicon Fabian Grafton Hall Stow Caxton in their lives Anno 1462. King Henry the sixt Queen Margaret and Prince Edward their Sonne were by a Popish Parliament disinherited of their right to the Crowne and Edward the fourth made King after which King Henry was by another Parliament recrowned and reestablished in his Kingdome and Edward the fourth declared 〈…〉 Traytor and usurper of the Crowne And not long after Edward taking King Henry prisoner and causing him to be murdered in the Tower another Popish Parliament Anno 1472. abrogated King Henries Lawes and ●eestablished King Edward All this have our Popish Parliaments Prelates Lords and Commons formerly done and that rightly and legally as they then supposed which far transcends the highest st●aines of pretended in●roachments on his Majesties royalties by the present Parliament which detests such presidents Secondly our Popish Parliaments Pecres and Prelates have oft translated the Crowne from the right heires ●nd setled it on others who had no lawfull right or title to it electing and acknowledging them for their one●y Soveraigne Lords in which actions the Popish Prelates and Clergy were commonly the Ring-leaders witnesse their t Speed p. 410. 411. 425 426. 404. to 407. 410. 416. 418. 419. 455 456. 466 467. 548 549. 550. 590. 591. See Matthew Paris Matth. Westminster Malmesbury Hunting don Eadmerus 〈…〉 bian Walsingham Caxton Polychronicon Polydo● Virgil Hall Gr●●t●n Stow How Hollinshead Haywar● M●●tin Daniel and Sir 〈…〉 their severall lives of these Kings electing and crowning of Edward who was illegitimate and putting by Ethelred the right heire after ●dgars decease An. 975. The electing and Crowning Canutus King a meere forrainer in opposition to Edmund ●he right heire to King Ethelred An. 1016. Of Harold and Hardiknute both elected and crowned Kings successive●y without title Edmund and Alfred the right heires being dispossessed and the latter imprisoned and tortu●ed to death An. 1036. and 1040. yet after Hardiknutes decease Edward surnamed the Confessor was chosen King by consent of Parliament And the English Nobilitie upon the death of King Harold enacted That none ●f the Danish blood should any more reigne over them After this Kings death Edgar Etheling who had best title was rejected and Harold elected and crowned King so after William the Conquerors decease Anno 1087. Robert ●he elder brother was pretermitted and William Rufus the younger brother crowned and established in the Throne After whose death Henry the first his younger brother though not next heire was elected King ●y the Clergy Nobles and Commons who refused to admit of any King but with capitulations and caveats to their ●wne liking upon faire promises for resorming bad and rigorous Lawes remission of Taxes exacted on the Subjects and ●unishment of the chiefe causers of them and a solemne oath to frame good Lawes and ratifie Saint Edwards Lawes ●ll which he really performed So after the death of Richard the first John Earle of Morton was elected and crowned King and his Nephew Arthur the right heire disinherited And he dying his sonne Henry the third was ●lected and crowned and Lewis made King in his fathers life by the Barons removed The like we finde in ●he case of King Henry the fourth King Edward the fourth and Richard the third made Kings by Acts of Par●●ament by our Popish Prelates and Nobles with the Commons consent upon unlawfull or doubtfull Titles ●y way of usurpation and the right hereditary line put by Such a transcendent power and ●urisdiction as this 〈…〉 disinherite the right heire and transferre the Crowne to whom they throught meerest neither the present nor ●ny other Protestant Parliament Peeres or Subjects ever claymed or exercised though Popish Parliaments ●relates Lords and Commons have thus frequently done it of which you may reade more in 25. H. 8. c. 22. 26. 〈…〉 8. c. 12. 28. H. 8. c. 7. 35. H. 8. c. 5. Thirdly the Lords and Commons in times of Popery have sent our writs and summoned a Parliament in the Kings name and forced the King to call a Parliament without and against his full consent Thus they summoned and held a Parliament in Ireland Anno 1341 refusing to come to a Parliament there summoned by the Kings officers and authority as the u In Camdens Britania English p. 188. Irish Annalls doe more at large record Thus they x Walsingham Hist. Ang. p. 107. 398. Speed p. 681. 757. summoned and held two Parliaments here in England to depose King Edward the second and King Richard the second without these Kings consents and by two severall Acts of Parliament 4. E 3. c. 4. and 36. E. 3. c. 10. enacted That for the maintenance of the Lawes and Statutes and redresse of divers mischiefes and grievances which daily happe●eth a Parliament shall be holden every yeare once and more often if need be whereas this Parliament was 〈…〉 called but by the Kings owne free consent and hath moderated these former Acts by changing the annuall into 〈…〉 triennuall Parliament by a speciall Bill to which his Majestie gave his full and free assent y Myrror c. 1. sect 3. p. 10. Co. instit on Littleton f. 110. Spelman Concil p. 347. Long before which Acts King Alfred in an assembly of Parliament ordained this for a perpetuall custome that a Parliament should be called together at London twice every yeare or oftner in time of peace to keep the people of God from sinne th 〈…〉 they may live in peace and receive right by certaine usages and holy judgements Fourthly Our Popish Barons Prelates and Commons have refused to meet in Parliament when the King ha 〈…〉 summoned them by his writ z Matth. Paris An. 1233. p. 344 473 c. Speedes Hi. p. 607. to 613. Anno Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford where the King now resides but they all joyntly sent him an expresse messag 〈…〉 that they would not come upon his summons for that the Kings person went guarded with Poictovines othe 〈…〉 strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could no 〈…〉 there appeare with safety at which message the King grew very angry resolving that they should bee on 〈…〉 twice and thrice summoned to appeare Whereupon Roger Bacon who usually preached before the King freely told him That if he did not remove from him Peter Bishop of Winchester and Peter de Rivallis his malign 〈…〉 Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Robert advise told the King that Peirae and Rupes were most dangerous things at Sea alluding to the Bishops name Petrus de Rupibus The King hereupon comming a little to himselfe and taking that

to deliver Piers into their hands or drive him from his company out of England as being perswaded ●hile that King-●ane breathed peace could never be maintained in the Realme nor the King abound in treasure nor the Queene enjoy his love But the wilfull King preferring the dearenesse of one stranger before the love of the ●hole Realme would no● condiscend Whereupon the Lords thus contemned and deluded presently raise ●n Army and march with all speed towards Newcastle not to offer injury or molesta●●on to the King writes ●alsingham the case and purpose of the present Parliaments Army but that they might apprehend Piers him●elfe and judge him according to the Lawes enacted Which when the King heard he fled together with Piers like a proscribed and banished man to Tynemouth and from thence to Scarborough Castle Where Piers was forced to yeeld himselfe upon condition to speake but once more with the King And then carryed to Warwicke Castle where he had his head strucke off at the command and in the presence of the Earles of Lan●aster Warwicke and Hereford as one who had beene a subverter of the Lawes and an open Traytor to the Kingdome and that without any judiciall proceedings or triall of his Peeres though an Earle and so deare a Favourite of the Kings Which bred a lasting ha●red betweene the King and his Nobles Who being afterwards charged by the King in Parliament with their contempt against him in the spoiles committed by them at Newcastle and wick●dly killing Piers They stoutly answered That they had not offended in any point but deserved his royall favour ●or that they had not gathered force against him but against the publike enemy of the Realme And then obtained an Act ●f Pardon that no man should be questioned for Gavestons returne or death printed in old g T●tles Magn● Charta part 2. f. 50 to 57. Magna Charta Not long ●fter this unfortunate King doting upon the two h Wal●ing Hist p. 90. to ●10 ypodig Neust p. 105. to 111 Speed Hist p. 674. to 683. See Fabi●n Holm Graf Tho●●●de ●● More Higd●● Caxton in his life Spencers as much as ever he did on Gaveston to whom they ●ucceeded not onely in pride rapine oppression and intolerable insolencies but even in height of familiarity and power with the King So as they ruled and lead the King as they pleased in so much that no Earle Baron or Bishop was able to dispatch any thing in Court without their advise and favour which made them generally envied of all because they domineered over all The Lords and Barons hereupon confederated together to live and die for ju●tice and to their power to destroy the Traytors of the Realme especially the two Spencers And meeting together with ●heir forces at Sbirborne Thomas of Lancaster being their Captain they took an oath to prosecure their designe to ●he division of soule body Then they spoyled these Spencers their friends goods take their Castles by vio●ence waste their Manors through malice slay their servants utterly omitting the usuall wayes of Law equitie following the impetuousnes of their minds they march on to S. Albans with Ensignes displayed sent solemn messengers to the King then at London commanding him not only to rid his Court but kingdome too of the Traytors of ●he Realme the Spencers condemned in many Articles which they had framed against them by the commonalty of the Realme if he loved the peace of the Kingdome And they further required the King to grant letters Patents of indemnity to themselves and all such as had bore armes in their company that they should not be punished by the King or any other for their for epast or present trangressions The King denyed both these demands at first as unjust and illegall swearing that he would not violate his Coronation Oath in granting such a pardon to contempiu●us Delinquents Whereupon running to their armes they marched up to London entred the Citie and to avoyd dange● the King through the Queenes and others mediation condescended to their desires passing an Act for th● Spensers banishment and the Barons indemnities which you may reade in ancient Part 2. ● 50. Magna Chartaes Upo● this the Barons departed neither merry nor secure despairing of the Kings Benevolence which made them goe alwayes armed and to retire to safe places The King soone after recalling the Spensers reversed the sentence against them as erronious gathers an Army encounters and defeats the Barons and puts many of them to deat● by these Spencers procurements who not content with their blood procured also the confiscation of their goods a●●●nheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into Fran● with her sonne the Prince whose lives these favorites attempted She raysed an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the King● who being destitu●e of friends and meanes demanded assistance of the Cirie of London whose answer was That they would honour with all dutie the King the Queene and Prince but would shut their gates against Foreine● and Traytors to the Realme and with all their power withstand them And under the name of John of Eltham th● Kings second sonne whom they proclaymed Custos of the Citie and of the Land they got the Tower ●● London into their possession placing and displacing the Garrison and Officers therein as they pleased Th● King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her self ●●er sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should ayde ●● assist them and that he should have a 1000. l. who did bring the Lord Mortimers head flies to Bristol in the Castle whereof the elder Spenser was taken by the Queenes Forces and without any formall tryall cruelly cut ●● alive and quartered being first at the clamours of the people drawne and hanged in his proper armour upon the common Gallowes without the Citie After which the King forsaken of all his Subjects flies into Wales for shelter wher● he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his sonne confessing That for his many sins he was fallen into this calamitie and therefore had the lesse cause to take it grievously That ●● much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abh●● his any longer rule and Soveraignty and therefore be besought all there present to forgive and spare him being so afflicte● Soone after he was murthered in Barkly Castle And so the sicknesse and wounds which the Commonwealth sustaine● by his ill raigne upon the ch●●ge of her Physician recovered not onely health and strength

but beauty also and ornamen● writes John Speed After all this i Walfing Hist Ang. p. 349. to 400 ●podigm Newstriae p. 144. to 158 Speed Hist p. 747. to 762. Holin Graft St●w Fabian Caxton and others King Richard the second in the ninth yeare of his reigne summoned a Parliament where●● Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by th● Parliament and the Seale taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for th● 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 mad● de la Pole sit at his owne table not in the usuall garment o● a Peere but of a Prince out of a stomacke and hatred again●● the Peeres whom from thenceforth he never regarded but feinedly and then fals to plot the death of the Duke of Gl●cester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at No●●ing ha●● Castle with a few persons generally ill-beloved ill-advised and ill-provided The course agreed upon by th● King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Spe●● seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presum●● the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters th●● under a shew of justice they should be proceeded against accordingly The Lawyers who were the very me●● which in the last Parliament gave advice to the Lords to doe as they did now meering were demanded Whether by the Law of the Land the King might not disa●ull the Decrees of the last Parliament They joyntly answe●ed he might because he was above the Lawes a most apparent errour confessing that themselves had in th● Parliament decreed many things and given their judgement that all was according to Law which they acknowledg● to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and witha●● sends for the Sheriffs of Shires to raise Forces against the Lords who denyed saying that they could not rais● any competent Forces or Armes against them the whole Counties were so addicted to their favours and being furthe● willed to suffer no Knights to be chosen for their shieres but such as the King and his Counsell should name they a●swered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good president for our present Sheriffes whereupon they were dismissed Then were the Lawye● and Judges Robert Tresilian and his companions called before the King to determine the judgements of Treason against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if neede we●● against the Lords in the day of battle * Note this Many of which answered that they neither could nor would stand against th● Lords whom they knew for certaine intimately to love the King and to endeavour all things study all things doe a●● things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the King●●o●●ce The Lords hearing of these proceedings were much sadded being conscious to themselves ●● no 〈…〉 ●●rthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop ●● London to the King w●o inclining to credit the same was in an evill houre diverted by de la Pole ●he Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which ●ey severally gather forces that they might present their griefes to the King How he favoured Tray●rs not onely to them but to the Publique to the imminent danger of the Realme unlesse it were spee●ly prevented The King on the other side by Trayterous Cōunsellours advise sought how to take ●em off single before they were united but in vaine by reason their party was so great Meane time ●me peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thi●er approaching they are advertised by some who had sworne on the Kings behalfe for good dea●●g to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which ●ithout the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre Knights were reported to have ●●d for their destruction attended in ambush The King sweares his innocency promising safe con●●ct to the Lords if they would come who thereupon came strongly guarded and would trust no longer ●he King sitting in royall State in Westminster Hall the Lords present themselves upon their knees before ●m and being required by the Lord Chancellour Why they were in warlike manner assembled at ●aring gye Park contrary to the Lawes their joynt answer was That they were assembled for the good of the ●ing and kingdome and to weed from about him such Traytors as be continually held with him The Traytors ●ey named to be Robert de Vere Duke of Ireland Alexander Nevill Archbishop of Yorke Michael de ● Pole Earle of Suffolke Sir Robert Tresilian that salse Justiciar Sir Nicholas Brambre that false Knight ● London with others To prove them such They threw downe their Gloves as gages of challenge for a tri●l by the Sword The King hereupon replyed as knowing they were all hidden out of the way This ●all not be done so but at the next Parliament which shall be the morrow after Candlemas all parties shall ●ceive according as they deserve And now to you my Lords How or by what authority durst you presume to levy ●orces against me in this Land did you thinke to have terrified me by such your presumption Have not I men and ●mes who if it pleased me could environ and kill you like sheepe Certainely in this respect I esteeme of ●u all no more then of the basest Scullions in my Kitchins Having used these and many like high words ●e tooke up his Unckle the Duke from the ground where he kneeled and bade all the other rise The ●st of the conference was calme and the whole deferred till the next Parliament then shortly to be hol●●n at Westminster In the meane time that the world might see how little able the King was to equall ●s words with deeds a Proclamation was set forth in which the King before any tryall cleareth the ●ords of Treason names those persons for unjust accu●ers whom the Lords had before nominated The ●ords neverthelesse thought not good to sever themselves but kept together for feare of the worst which

good Subjects as the Cavaliers doe 〈…〉 w and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their 〈…〉 ves and daughters And if any man persumed to complaine to the King of them he was soone rid out of 〈…〉 way no man knew why nor by whom so that in effect they did what they listed In this Parliament 〈…〉 King having made the Speaker and a great part of mercinary proud ambitious men of the Commons 〈…〉 use to be of his side to act what he required them he then prevayled likewise with the upper house 〈…〉 with the Prelates then with the Lords more out of feare of him then any reason by meanes where 〈…〉 the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeare of his raigne 〈…〉 re quite revoked and declared voyd in Law as being done without authoritie and against the will and 〈…〉 ertie of the King and of his Crowne And withall they declared the Judges opinions for which they were 〈…〉 demned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high 〈…〉 eason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason 〈…〉 is p●pulat●tie smothered onely for their former actions which done the King adjourned the Par 〈…〉 ent to Shrew●bury where he subrilly procured an o 21. R. c. 12. Act to passe by common consent that t●e power 〈…〉 he Parliament should remaine in seven or eight persons who after the Parliament dissolved should deter 〈…〉 e certaine petitions delivered that Parliament and not dispatched By colour whereof Those Commit 〈…〉 proceeded to other things generally touching the Parliament and that by the Kings app 〈…〉 ment in derogatien p 21. R. 2. c. 16. Walsing Hist Aug. Ann● 1398. p 394 〈…〉 he state of the Parliament the dis●ommodity and pernicious example of the whole Realme And by colour 〈…〉 Authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the 〈…〉 said grant After which he much vexed and oppressed his people with divers forced Loanes Oathes 〈…〉 positions and oppressing Projects to raise money seeking to trample them under his feet and 〈…〉 roy the Realme and tooke all the Jewels of the Crowne with him into Ireland without the Kingdomes 〈…〉 sent Which rendered him so odious to his people that Henry Duke of Lancaster landing in England the whole kingdome came flocking to his ayde so that he had an Army of 60000. men in a short time who v 〈…〉 ed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing 〈…〉 the Dukes great Army assembled against him and knowing that they would rather dye then yeeld 〈…〉 of their hatred and seare of him he dismissed his Courtiers hiding obscurely in corners till he was a 〈…〉 prehended and by a Parliament summoned in his name though against his will judicially deposed 〈…〉 his misgovernment Among which Articles of his misgovernment for which he was judicially dethroned these are rema 〈…〉 able First * Graft p. 400 401 402 c. That he was●fully spent the Treasure of the Realme and had given the possessio●s of the Crow 〈…〉 to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore C 〈…〉 monalty And when divers Lords were appointed by the High Court of Parliament to commune and t 〈…〉 of divers matters concerning the Common-wealth of the same which being busie about those Commissions he 〈…〉 other of his affinity went about to impeach them of high Treason and by force and threatning compelled 〈…〉 Justices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords 〈…〉 somuch that he began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Rich 〈…〉 Earle of Warwicke and other Lords contrary to his honour and promise Item He assembled certaine Lancashire and Cheshire men to the intent to make warre on the fores 〈…〉 Lords and suffered them to rob and pillage without correction or reproofe Item Although the King flatteringly and with great dissimulation made Proclamation throughout 〈…〉 Realme that the Lords before named were not attached for any crime of Treason but onely for extortions 〈…〉 oppressions done in the Realme yet be laid to them in the Parliament rebellion and manifest Treason Item He hath compelled divers of the said Lords servants and friends by menace and extreame paines 〈…〉 make great sines to their utter undoing And notwithstanding his pardon to them granted yet he made the fine of new Item That he put out divers * Note Sheriffes lawfully elected and put in their roomes divers of his owne Mi 〈…〉 on s subverting the Law contrary to his Oath and Honour Item For to serve his purpose he would suffer the Sheriffes of the Shire to remaine above one yeare or two Item He borrowed great summes of money and bound him under his Letters Patents for repayment of the sa 〈…〉 and yet not one penny paid Item He taxed men at the will of him and his unhappy Councell and the same Treasure spent in folly not pay 〈…〉 poore men for their victuall and viand Item He said That the Lawes of the Realme were in his head and sometime in his brest by reason of wh 〈…〉 phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and enacting divers notable Statutes for the profit and advancement of the Co 〈…〉 monwealth he by his private friends and solicitors caused to be enacted * Such a kinde of proviso was endevoured to beadded to the Petition of Right 3 Caroli That no Act then enacted should 〈…〉 more prejudiciall to him then it was to any of his Predecessors though with proviso he did often as he listed 〈…〉 not as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Jew 〈…〉 without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carryed the Jewels Plate and Treasure of the kingdome o 〈…〉 the Sea in to Ireland to the great impoverishing of the Realme And all the good Records for the Comm 〈…〉 wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Justices were sworne to say the truth of divers things to them committed in cha 〈…〉 both for the honour of the Realme and profit of the King the said King so menaced them with sore threatning 〈…〉 that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Prin 〈…〉 hands and at his disposing Item He craf●ily devised certaine privy Oathes contrary to the Law and caused divers of his

2. c. 16. f. 24. That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a king cannot doe any thing else in earth seeing be is Gods Minister and Vicar ni●●id solum quod de jure a Luk. 2. 22. 23. 24. ●otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles ●nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites vi● quia a Comitatu ●ive a societate nomen sumpserunt qui etiam dic● possunt Consules a consulendo Reges enim tales si●● associant ad consulendum regendum populum Dei. ordina●tes eos in magna potestate honore nomine c. Idem l. ● c. 8. f. 5. 6. Co●ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward ●he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes ●hat the King hath a Superior to wit God and the Law by which be is made a Ki●g and his Court of Earles ●nd Barons to wit the Parliament d De Laudibus Legum Argliae c. 9. to 15. Fortescue a great Lawyer Chauncellor to King Henry the 6. ●roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland ●or ●ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at ●●rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Po●cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â pop●lo effluxam ipse habet c. p. 25. King hath his ●●yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to ●le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe ●nd in one word f Chap. 8. vol. ● pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England ●rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and ●bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene ●eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and cor●pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE ●EALME and the place where every particular man is intended to be present if not by himselfe yet by ●s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed ●● all men without contradiction or grudge and to be short all that ever the people of Rome might doe ei●●er Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their assemblies had power to enact binding Lawes to create and elect ●●eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes ●● Officers and to * See Bodine l. 2. c 5. l. ● c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. ●● change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authors resolution the Parliament hath an absolute power to doe the like when ●hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. ●nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but ●● in the last Edition hath the same words in effect with Holinshead and addes that the Parliament gi●eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to ●hem conferred on them by the peoples and kingdomes common consents in Parliament and all their ●ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole ●ingdome and Parliament are really in this sence above him and the most Soveraigne prime power ●●om whence all other powers were and are derived See Fortescue c. 9. to 15. Fourthly This is undeniable because the whole kingdome in Parliament may not onely aug●ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and ●●erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Sub●ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or ●he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tall●gio non-concedendo 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. ● 10. E. 3. c. 2. 3 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36. E. 3 c. 10. ● 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. ● 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 ●he Petition of Right 3. Caroli most Statuts against Purveyens Pardons Protections the Acts made this Parliament against Ship-money Knight-hood Forrest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the Continuance of this Parliament whiles they please with g See the Arguments against Ship-money and Impositions and the Declarations against the Commission of Aray sun●ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the ●ings royall Prerogative because they proved grievous and mischievous to the people and dangeous and pernicious to the kingdome This then answers that irrationall groundlesse position of Doctor Ferne That h Resolving of Conscience Sect 4. 5. the Subjects neither lawfully may nor ought in any case to resume al or any part of that Regall power wherewith they have once invested their Kings by common consent Which as it is contrary ●o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That ●ll Governments created by mens consents may be altered diminished or repealed by their consents ●● i See Ioshua Iudges Samuel Kings Chron. Daniel throughout ●saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimi●utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon ●hronicorum and all generall Histories all Realmes and States whatsoever from ●dam till this instant who have undergone many strange alteratians eclipses diminutions yea Pe●●ods of Government to the Resolution of l Polit. l.

by Parliament and violently p●t to death though the Kings highest Officer and darling Minions o Walsingham Holinsh Speed Grafton Stow in 11 R. 2. c. 1. 6 7. Froysards Chron. part c. 97. Michael De La Pole wi●h other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peere● in Parliament together with Trisilian Belknap and their fellow Judges who misadvised him in point of Law p Hall Stow Speed Holinsh Grafton Fox in H. 6. Humph●ey Duke of Glocester Protector to King Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered q Hall Holi Grafton Stow in H. 8. Cardinall Wolsey that powerfull favourite ●o King Hen●y the eight accused and put from his Chancellorship and other Offices by the Parliament r Fox Speed Holinshed Stow Grafton in Ed. 6 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 Depu●y 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 ●he censures of Parliament of which we have sundry precedents in ſ See Fox Hall Speed Holinshed Grafton in his life 28. H. 8. c. 7. p. 35. p. 8. c. 1. 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 mention the Parliaments Soveraigne Power and Jurisdiction t Matth. Paris p. 560. 562. 933 934 935. Speed p. 750. Grafton p. 188 189. 240 241. 221 222 223. The severall Acts for Subsidies and Rastal Warre Truce Armes Money Mint Musters Taxes Tonnage Poundage The Parliaments two Remonstrances concerning the Militia C●oks Instit on Artic Super Chartas in Making or proclaiming warre or Peace in which they have oft ti●es not onely advised but overswayed the King in creating the highest Officers in Ordering the Militia of the Kingdome by Sea and Land by setled Lawes of which more an on or in ordering the coyne and Money of the Land together w●th the Mint or designing how the Subsidies and Aydes granted by them to the King shall be disposed of to the Kingdomes use of which there are sundry precedents All which are strong See Bodines Commen wealth l. 1. c. 10. evidences of its Soveraigne Authority together with the Acts concerning his Purveyance and all Revenues royall Nor yet to remember this infallible Argument to prove Kingdomes greater and more valuable then Kings that Kings as publique Servants to their Realmes ought to hazard their lives for their Kingdomes safety and preservation as many have done in wa●●es against enemies but never ought the whole kingdome to be lost or hazarded to preserve its Kings P●erogatives that of John 11. 48 49 50. and chap. 18. 14. being an undoubted rule in Divinity and Policy * That it is expedient that any one man though a King should dye for the people that the whole Nation perish not rather then the whole Nation dye for him There is one cleare Demonstration yet remaining to prove the Supreame power of Parliaments above Kings themselves which is this That it is the highest Court and power to which all x See Sir Thomas Smiths Common wealth l. 2. c. 1. 2. Holinsheds Description of England c. 8. p. 173 and Chronicles of Ireland p. 127. to 130. Cromptons Jurisdiction Appeales are lastly and finally to be made from all other Courts and Judges whatsoever yea from the Kings owne personall resoluti●ns in or out of any other his Courts and such a transcendent Tribunall from whence ●here is no appeale to any other Court or person no not to the King himselfe but onely to another Parliament If any erroneous judgement be given in the Kings Bench Exchequer Chamber Chancery Court of Wards or any other Court within the Realme or in the Parliament in Ireland it is finally to be reversed o● determined in Parliament by a Writ of y 1 H. 7. 1. Br. Parliament 92. 98. Error 65 88. 137. See Ash Error 65 66 67 68 70. Error or upon a Petition or Bill If any sentence be unjustly given in any Ecclesiasticall Courts or before the Delegates the finall Appeale for redresse must be to the Parliament Illegall sentences in the now exploded extravagant Courts of Star-Chamber or High Commission Injuries done by the King and his privy Councell at the Councell Table are examinable and remediab●e in this High Court Nay if the King himselfe should sit in person in the Kings Bench or any other Court as sometimes our Kings have done and there give any judgement it is not so obligatory or finall but that the party against whom judgement is pronounced may appeale to the Parliament for reliefe But if the Parliament give any judgement There * See 22 E 3. 3 Error 8. 8 H 4. 12 13 can be no Appeale to any hig●er Tribunall Court or Person no not to the King but onely to the next or some other Parliament as is evident by experience by all z 21 R. 2. c. ● to 15. 1 H. 4. c. 2 3 4. 8 H. 4. 12 13. See 1 Mariae c. 1. 1 Eliz. c. ● 3. 21 Jac. c. 28. And all Acts for restitution in blood of Persons Attainted and Acts of repealing S●atutes Bracton l. 1. c. ● Attainders of Treason by or in Parl●ament by all inconveent and unjust Act● passed in Parliament which concerne either King or Subject Which cannot be reversed nor repealed though erroneous nor the right heire restored in blood by any Charter f●om the King but onely by an Act of repeale or restitution in blo●d by another Parliament Now this is an infallible Maxime both in the Common Civill and Canon Law that The Court or person to w●om the last appeale is to be made is the Supreamest power as the a See Ashes Tables Error 65 66 67 68 69 70. Kings Bench is above the Common Pleas the Esc●equer Chamber * See Matthew Paris p. 268. Legimus quod multi al● Reges imo Reguli usque ad mortem dimica●unt c. above the Kings Bench and the Parliament above them all because a Writ of Error to reverse erroneous judgements given in the Common Pleas lyeth in the Kings Bench Errors in the Kings Bench may be reversed in the Eschequer Chamber and errors in all or either of them may be redressed finally in Parliament from whence there is no further appeale Hence the Canonists conclude a b Bodin l. 1. c. 10. Summa Angelic● Rosella Tit. Appellatio Lindwood lib. 2 de Appellationibus Fox Acts and Monuments Vol. 1. p. 448 449. 452. 506. 24. H. 8. c. 12. All Papists and Protestants

in their Controversies of the Popes Supremacy of general Councels Generall Councell above the Pope the Pope above the Archbishop the Archbishop above the Ordinary because men may Appeale from the Ordinary to the Archbishop from him to the Pope but now with us to the Kings Delegates If there be any difference betweene c See Grafton p. 512 513. 161. Matthew Paris p. 954. Fox old Edition p. 508. King or Subject touching any inheritances Priviledges or Prerogatives belonging to the Crowne it selfe or any points of misgovernment yea which is more if there be any suite quarrell or difference betweene our Kings in Act and any other their Competitors d See Hoveden p. 724 725 for the Crowne it selfe which of them hath best title to it who of them shall enjoy it and how or in what manner it shall be setled the Lords and Commons in Parliament are and ought to be the sole and finall Judges of it Not to give you a●y instances of this kinde betweene King and Subjects which I have formerly touched nor to relate how our e Walsingham Hist p. 514. Speed p. 647 648. Kings Edward the first King John f Matthew Paris p. 273. 274 275. condemned to death by a Parliament in France by French Peeres for slaying his Nephew Arthur trecherously with his owne hands and likewise to lose the Crowne of England Henry the third and other our Kings have Appealed to the Parliaments of France and England upon differences betweene the Peeres and Kings of France and them concerning their Lands and Honours in France Or how King Edward the third and Philip of France submitted both their Titles to the Kingdome of France to the determination in a French Parliament where they were both personally present which adjudged the Crowne to Philip Nor yet to repeate the i pag. 5. forementioned precedents how the Lords and Commons when the Title to the Crowne hath beene in dispute have transferred it from the rightfull Heires to others I shall give you some other pregnant evidences where the Parliament hath finally determined the Title to the Crowne when it hath beene in competition and setled it in a legall manner to avoid debates by way of Appeale to them by compe●itors or reference from the Kings themselves as the onely proper Judges of such a superlative controversie Not to mention any stories of our British Kings to this purpose where the * See Matthew Westm Fabian Grafton Holin Kingdom Lords and Commons then disposed of the Crowne in cases of minority want of He●res misgovernment and c●ntroversies ab●ut the Title to the Crowne * Polichron l. 6. c. 18. Speed p. 399. See Grafton and Holinshed accordingly Canutus after the death of King Edmond Anno 1017. claiming the whole Realme against Edmonds Brethren Sons referred his Title upon the agreement made between Edmond and him fo● this purpose to the Parliament who resolved for Canutus Title and thereupon tooke an Oath of feal●y to him Offering to defend his right with their swords against all others claimes After his decease the * Matthew Westminster and Malmes●wy Anno 1036. Holinshed l. 17. c. 13. p. 398. Speed p. 404. 406. Huntingdon Walsingham Anno 1036. 10●0 Title to the Crowne being controverted betweene Hardicanute the right Heire and Harold his elder but base Brother it was referred to a Parliament at Oxfo●d who gave their voyces to Harold there present and presently proclaimed and consecrated him King Anno 1036. After whose death the States of England sent and adjudged the Crowne to Hardicanute then in Denmarke He dying * Huntindon l. 6. Polychron l. 6. c. 18. Speed p. 410. Matthew West●n An. 1042. p. 415. Edward the Confessor by a generall consent of the Nobles Clergy and People who presently upon Harolds death enacted by Par●iament g Matthew Paris p. 893. 925. 930. 948. 954 655. Grafton p. 188 189 Speed p. 687 688 785 786. That none o● the Danish blood should any more Reigne over them was elected King and declared ●ight Heire to the Crowne Anno 1126. k Hoveden Hun●ingdon Matthew Westminster Matthew Paris Walsingham Polychronic●n Fabian Anno 1126. Speed p. 477. See Ho●inshed Grafton Stow Anno 1126. King Henry the first having no issue male but onely one Daughter Maude to fucceed him summoned a Parliament in the presence of himselfe and David King of Scotland wherein the Crowne was setled upon Maude after his decease being of the ancient Royall English Blood whereupon Stephen his Sisters Sonne and all the Nobles presently swore fealty to ●er As much as in them lay after King Henries death if ●e dyed without issue male to establish ●er Queene ●f the Monarchy of great Britaine But Stephen after his decease usurped the Crowne against his Oath h Polyd. Virgil l. 19. Claudius Seyse●●us his French Monarchy By the unanimous consent and election of the Lords and Commons And after seventeene yeares civill warres ●o the devastation of the Realme l Walsingham Ypod An. 1113 Matthew Westm An. 1153 p. 42. Matthew Paris ● 82 83. Speed p. 497. Hoveden p. 490. Hun●indon Hist l. 8 p. 598. Fox Vol. 1. p. 261. King Stephen and Henry the Sonne of Maude came to a Treaty ● Wal●ingford where by the advise of the Lords they made this accord That Stephen if he would should ●eaceably hold the kingdome during his life and that Hen●y should be his adopted Sonne and Successor enjoy ●he Crowne as right Heire to it after his death and that the King and all the Bishops and Nobles should ●weare that Henry after the Kings death if he su●vived him should P●ssesse the Kingdome without any conradiction Which done the civill warres ceased and a blessed peace ensued and then comming to Oxford in a Parl●ament all the Nobles did fealty to Henry who was made chiefe Justiciar of England and determined all the affaires of the Kingdome In the 8. and 25. E. 3. there was a m 25. E. 3. Parl 2. in the Statuts at large doubt moved in Parliament whether the children of the King or others borne beyond the Seas within his Allegiance should in●erit lands in England The King to cleare all doubts and ambiguities in this case and to have the La● herein reduced to ce●tainty charged the Prelates Earles Barons and other wise men of his Councell assembled in Parliam●nt in the 25. yeare of his Raigne to delibera●● 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 ●● England in whatsoever parts they be borne in England or elsewhere be able and owe to beare inheritance after the death of their Ancestors Which when they had declared the King Lords and Commons by a special Act did approve and affirme this Law for ever the onely Act passed in that Parliament And in a * Cooke l. 7. The Princes case Parliament 11. E. 3. this

doe both ● point of Law Divinity conscience resist the highest powers because they resist the Parliament and ● shall receive damnation to themselves for it either here or hereafter if they repent not which I seriously ●sire all those Delinquents Papists Malignants ill Counsellers and Cavaliers to consider who con●ary to severall Orders and Declarations of Parliament yea contrary to the Law of God of Nature of the ●ealme have like unnaturall Vipers taken up offensive Armes against the Parliament and Kingdome to ●ine them with our Religion Lawes and Liberties at once Thirdly Hence it followes that the Resolutions and Declarations of the Lords and Commons in Parlia●ent the supremest Court against the Commission of Array Arming of Papists raising of Forces impo●g Taxes to maintaine Warre against the Parliament plundering and the like ought to be obeyed and sub●itted to as lawfull and binding both by the King himselfe the Kingdome and every private Subject ●hatsoever and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct oppo●ion and contradiction to the resolutions and Votes of both Houses in Parliament ought not to be obeyed ●e King himselfe as our Law Bookes resolve being no t 8 H. 4. 13. b. 24 H. 8. c. 12. 52 H. 3. c. 1. 25 H. 8. c. 21. Cookes 1 Institutes on Mag. Charta f. 103. See here p. 14. 34. competent Judge especially out of his Courts ●hat is Law or what not in those Cases but the Parliament onely Which extrajudiciall new device of con●olling affronting the Resolutions and Declarations of both Houses by opposite Proclamations and ●●clarations published in his Majesties name is such a transcendent violation of and contempt against ●e knowne priviledge the sacred venerable Authority and power of Parliaments as I am confident ●● age can parallell and if not severely vindicated by exemplary punishments of the highest nature up●● those ill Counsellors and corrupt Lawyers who contrive and pen them will bring this Highest grea●st and most honorable Court wherein the u 31 H. 8. c. 1 1 Jac. c. 1. Dr. Student 44. a. whole Kingdome and every member of it are represented into ●eater contempt and lesse estimation with all men whether Natives or Forainers then the basest Court ●● Pipouders is No King nor Subject ever yet attempted such affronts against the Resolutions of any Jud●s in inferiour Courts Let no person whatsoever then presume by pen or tongue any longer to a●●igne or traduce the Resolutions and Ordinances of this highest Tribunall If Kings or Counsellors of ●ate willinstruct or excite the Subjects perempto●ily to disobey and contemne the Ordinances the ●udgements of the Parliament let them never expect the least obedience or submission to any of their ●wn commands which are of lesser credit and Authority Fourthly That the Parliament and whole Kingdome being the highest power or any Member of ●●e Parliament cannot by any publicke Acts or Votes of theirs consented to in Parliament become Tray●●s or guilty of high Treason against the King either by the Common Law o● the S●atute of 25. Ed. 3. b page 4 5. ● 2 of Treasons which running in the singular number If A MAN c. that is any private man ● men by their owne private authority shall levy warre against the King c. it ought to be judged high ●reason extends not to the whole Kingdome or Court of Parliament representing it of which no trea●n was ever yet presumed and by this very act is made the Judge of all Treasons that are doubtfull being ●ver yet included within the words or meaning of any Law concerning Treasons and therefore cannot be ●ilty of it Hence the depositions of a Graf par● 6. p. 62 63. Galfredus Mo●●● Fabia● Polychr others Archigallo and Emcrianus two ancient British Kings by the unani●ous assent of the Lords and Commons for their rapines oppressions and Tyranny with other forenamed Sax● Kings and of Edward the second Richard the second Henry the sixth Edward the fourth by Acts ●● Parliament the creating of Richard the third King and the frequent translations of the Crowne from ●e right heire at Common Law to others who had no good title by the whole Kingdome or Parliament ●o lesse then c Bracton l. 2 Glan l. 2. f. 112 Myrror c. 1 sect 4. Britton c. 8. f. 16. c. 22. f. 39 25. E. 3. ● 2. See Rastal ●rote Sta●●f Crompt Dalton in their Titles Chapters of Treason high Treason in private persons was never yet reputed much lesse questioned or adjudged ●igh Treason in the whole Kingdome or Parliament or any chiefe active Members in these Parliaments which being above the King are uncapable of Treason for any their judiciall actions and resolutions in such cases being onely Tortious and Erroneous reversible by other Acts in Parliament not Trayterous and Rebellious as appeares by all the forequoted Statutes and by 13 Eliz. c. ● which makes it high Treason d page for any person to affirme That the Queene by Authority of the Parliament of England is not able to make Lawes e Walsingham Holin Graf Sto. Speed Martyn Fab. Polychro in 21 R. 2. 11 R. 2. c. 3 4. 21 R. 2. c. 12. and Statutes of sufficient force to alter limit and binde the Crowne of this Realme and the descent limitation inheritance and government thereof And for direct Authorities in this very point Robert Tresylian and Belknap then chiefe Justices Holt Fulthorpe and Burgh Judges Locton Kings Sergeant and Blake the Kings Counsell in the Parliament o● 1● Rich. 2. were condemned executed and banished the Realme as guilty of high Treason onely for affirming under their hands and seales f See the particulars more at large in 21 R. 2 c. 12. That the Duke of Glocester the Earles of Arundell aad Warwicke were and that other Lords and Commons might be guilty of high Treason for procuring a Commission and other proceedings in Parliament and be punished for it as Traytors Which opinion of theirs being afterwards affirmed for Law in a packed Parliament 21 Rich. 2. was the very next Parliament in 1 Hen. 4. c. 2 3 4. repealed and the judgement given against those Judges for this Trayterous opinion tending to the utter subversion of Parliaments resolved and enacted to be just This g See 1 H. 4. c. 3. and here p. 13. Judge h Spee p. 747 Belknap foresaw and therefore was unwilling to put his Seale to this opinion Saying There wanted but a hurdle a horse and hal●●● to carry him where he might suffer the death HE HAD DESERVED for if I had not done this ● should have dyed for it and because I have done it I DESERVE DEATH for betraying the Lords Which makes me wonder at a passage in i Hist p. 675 Speed who records it now frequent in Malignants mouthe● That the very shop where the Barons originall Treasons were forged was THE PARLIAMENT HOUSE wherein from time to time they