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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	king_n	kingdom_n	majesty_n	5,039	5	6.1083	4	false

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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

The Treachery and Disloyalty of Papists to their Soveraignes both in Doctrine and Practise WHen I seriously consider the memorable Preamble of 3 Jac. ch 4. That it is found by daily experience that many of his Majesties Subjects who adhere in their hearts to the Popish Religion by the infection drawne from thence and by the wicked and divellish counsell of Jesuites Seminaries and other persons dangerous to the Church and State are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty and the Crowne of England as they are ready to entertaine and execute any Treasonable Conspiracies and Practises as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder the King Queene Prince ●ords and Commons in the House of Parliament assembled tending to the utter subversion of the whole State lately ●dertaken by the instigation of Jesuites and Seminaries and in advancement of their Religion by their Schollars ●ught and instructed by them for that purpose With the Statutes of 35. Eliz. ch 2. and 3 Jacobi ch 5. which ●●act That all Popish Recusants shall be restrained to some certaine places of abode and confined to their private ●uses in the Country and not at any time after to passe or remove above five miles from thence under paine of forfeiting ●● their Lands Goods and Chattels during life That none of them shall remaine within ten miles of the City of ●ondon nor come into the Court or house where his Majesty or Heire apparent to th● Crowne of England shall be nor ●ave in their owne houses or in the hands or possession of any other at their disposition any Armour Gunpowder or Mu●tion of what kind soever And all this for the better discovering and avoiding of such Trayterous and most dan●rous Conspiracies Treaso●● Practises and attempts as are daily devised and practised against our most gracious ●overaignes Person and ●●● Commonweale by rebellious and trayterous Papists And when I read in * Dated January 10. 1606. and Februa 22. 1603. two of King ●●mes his Proclamations That those adhering to the profession of the Church of Rome are blindly led together ●ith the superstition of their Religion both unto some points of Doctrine which * Note this cannot consist with the loyalty of Sub●cts towards their Prince and oft times unto direct actions of conspiracies and conjurations against the State wherin ●●ey live as hath most notoriously appeared by the late most horrible and almost incredible conjuration grounded up● points of Doctrine in that Church held and maintained and contrived and practised with the privity and warrant of ●any of the principall Priests of that profession to blow up our children and all the three Estates in Parliament assem●ed And when we consider the course and claime of the Sea of Rome we have no reason to imagine that Princes of ●r Religion and profession can expect any assurance long to continue unlesse it might be assented by the meditation of other ●rinces Christian that some good course might be taken by a generall Councell free and lawfully called to plucke up ●ose rootes of dangers and jealousies which arise for cause of Religion as well betweene Princes and Princes as be●eene them and their Subjects and to make it manifest that no State or Potentate either doth or can challenge pow● to dispose of earthly Kingdomes or Monarchies or to dispense with Subjects obedience to their naturall Soveraignes Which was never yet attempted much lesse effected And in the Booke of Thankesgiving appointed for the ●●h of November set forth by King James and the Parliaments speciall direction this observable Prayer ●omewhat altered by the now a Who confesseth Justifieth it in his Speech in Star-chamber June 14. 1637. Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the ●pists To that end strengthen the hand of our gracious King the Nobles and Magistrates of the Land with Judge●ent and Justice to cut off these workers of iniquity the Papists whose R●ligion is rebellion whose faith is facti● whose practise is murthering of Soules and Bodies and to roote them out of he confines of this Kingdome I can●ot but star damazed yea utterly confounded in my selfe at the Impudency and Treachery ofthose pernicious ●ounsellors who in affront of all these Lawes and premises have issued out sundry b See the Parliaments late Declaration Commissions under ●s Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of ●mes and Munition but likewise to meet together armed and raise Forces in the Field to fight against the ●rliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declara●ns and Protestations to all his loving Subjects advanced them to places of great trust and command in his ●ajesties severall Armies and procured them free accesse unto if not places of trust about his sacred person ● if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confi●ed in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels ●●d Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Pro●stant Religion first as they have already done in Ireland and then last of all his Majesties in case he refuse to become the Popes sworne vassall or alter his Religion which he hath ost protested and we beleeve he will never doe But I desire these ill Counsellours of the worst Edition to informe his Majesty or any rationall creature how it is either probable or possible that an Army of Papists should secure his Majesties person Crowne Dignity or protect the Protestant Religion the Parliament or its priviledges to all which they have shewed themselves most prosessed enemies We all know that Popish Recusants c See King James his Apology against Bellarmin Laurentius Byerlincke Opus Chronogr p. 319. Deus et Rex The Lord William Howards Sonnes late Booke in Defence of Papists taking the Oath of Allegiance obstinately refuse to take the Oath of Supremacy or Allegiance some of them that tooke it having beene excommunicated by their Priests for a reward The● summe of which Oath is * 3 Jac. c. 4. That they doe truely and sincerely acknowledge and professe That the Pope hath ●● authority to depose the King or to dispose of any his Kingdomes or to authorize any foraine Prince to invade his Countries or to discharge any his Subjects from their Allegiance to his Majesty or to license any of them to beare armes o● raise tumults against him or to offer any violence or hurt to his royall Person Government Subjects That notwithstanding any Declaration Excommunication or deprivation made or granted by the Pope or any Authority derived from him against the King his Heires and Successors or any absolution from their obedience they will beare● faith

and true allegiance to them and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons Crowne and Dignity by reason of any such sentence or Declaration or otherwise And that they doe from their hearts abhorre detest and abjure as impi●us and hereticall this damnable● Doctrine and position prosessedly maintained by English Papists else why should the Parliament prescribe and they absolutely refuse to take this Oath that Princes excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever Willthose then who refuse to take this Oath or abjure this King deposing King-killing Doctrine harbouring a Seminary Priest in their Tents and a Pope in their hearts prove a faithfull guard to his Majesties Person Crowne or Kingdomes Will those who so o●● conspired the death and attempted the murthers of Queene Elizabeth and King James onely because they were Protestants and Defenders of the Protestant Faith now cordially protect and assist King Charles without attempting any thing against his Crowne or Person who hath lately made and published so many Protestations and Declarations that he will never embrace nor countenance Popery but most resolutely Defend and Advance the Protestant Religion and makes this one principall motive how truely he taketh Heaven and Earth to witnesse of his present taking up of Armes Will they thinke you spend their lives for King and Parliament who but few yeares since lost their lives for attempting by a traine of Gunpowder to blow up both King and Parliament Will those secure his Majesty in his Throne now he is actually King of England who would have murthered him in his Cradle ere he was Prince to forestall him of the Crowne of England ca●● those prove really loyall to his Majesty and his Royall Posterity who would have blowne up him and all royall House at once even long before he had posterity In a word if ancient presidents will not convince us are those who for d See Dr. Jones his Booke of Examinations two yeares last past or more have beene labouring with might and maine to uncrowne his Majesty and utterly extirpate the Protestant Religion by horrid conspiracies and force of Armes in Ireland and are now there acting the last Scene of this most barbarous bloudy Tragedy now likely to spend their dearest blood in fighting for the preservation of his Majesties Crowne and the Protestant cause in England if thi● onely be the reall quarrell as is specioully pretended Or will any of that Religion who within these thre● yeares have by force of Armes both in Catalonia Portugall and elsewhere revolted from and cast off thei● allegiance to their owne most Catholicke King to setup others of the same Religion in his Tribunall put t●● their helping hands to establish his Majesty the most Protestant King in his regall Throne admit it were really not fictitiously indangered to be shaken Certainely if the ground of this unnaturall warre be such a● these ill Consellors pretend they would never be so farre besotted as to make choyce of such unfitting Champions as Papists for such a designe who are very well knowne to be the greatest enemies and malignants o● all others both to King Kingdome Religion and Parliament whose joynt destructions what ever thes● ill Counsellors pretend is questionlesse the onely thing really intended by the Popish party in this warre a● the proceedings in Ireland the introducing of soraine the raising of domesticke popish Forces the disarmin● of Protestants and Arming Papists with their Harnesse clearely demonstrate to all whom prejudice hath no● blinded Now that I may evidence to these pernicious Counsellours and all the world how dangerous and unsa●● it is for his Majesty and the Kingdome to put Armes into Papists hands and make use of them to protect th● Kings Person or Crown I shall desire them to take notice both of the Papists traiterous Doctrine and Practise in these three particulars they maintaine First That the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all ●●● 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 u●worthy services worse then villenage that they call and repute them their Popes vassals curs packe asses wi● Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their ow● Authors and practise I shall referre them to Doctor e Dedicated to King Iames printed at London 1621. Richard Crakenthorps Booke Of the Popes Tempore● Monarchy chap. 1. p. 1. to 27. worthy any mans reading to John Bodins Commonwealth Lib. 1. cap. 9. a●● Doctor John 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 meet and necessary hee should ●xcommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all Protestant Princes ●●r oppressers of the Common wealth That as soone as such Princes are actually excommunicated or notoriously knowne to ●●e Heretickes or Apostates their Subjects are ipso fact● absolved from their government 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 tyranicall and 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 heroi●all but meritorious act worthy the highest Encomiums These two last pro positions you may read abundantly proved by the words of Popish writers and 40. examples of several Emperours Kings and Princes which Popes Papists have excommunicated deprived violent●y assaulted and murthered in e Dedicated to King Iames and printed at London 1624. Doctor John Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. pag. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3 throughout Aphorismi doctrinae Jesuitarum King James his Apologie against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fist of November to which I shall referre the Reader What security or protection then of his Majesties royall Person Crowne or Kingdomes can now be expected from our Popish Recusants infected with these traytorous 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

E. 3. Stat. 1. c. 3. If any Minister of the King or any other person of what condition soever he be doe or come against any point of the great Charter or other Statutes or the Lawes of the Land he shall answer to the Parliament as well as the SUTE OF THE KING as at the sute of the party AS FARRE FORTH WHERE ●T WAS DONE BY COMMISSION OR COMMANDEMENT OF THE KING as of his owne authority And by that parallel good Law recorded by * Part. 7 p. 376 Fabian made in Parliament in the first yeare of King Henry the fourth That no Lord nor other person of n● degree should after that day lay for his excuse as some then did any constraint or coacting of his Prince in executing of any wrong judgement or other criminous or unlawfull deeds saying that for feare they durst not otherwise doe for such excuse after this day SHALL STAND HIM IN NO STEED And in this Parliament * Fabian part 7. p. 342. 375. Hals Chron. 1. H. 4. f. 10. Grafton p. 408. Walsingham Hist p. 393. 402. Hall was judged to be drawne from the Tower of London unto Tiburne and there to be hanged and quartered which was accordingly executed only because he was one of those who secretly mur●● ered the Duke of Glocester at Calice illegally attainted of Treason in the Parliament of 21. R. 2. without due processe of the Law by King Richard the second his command and likewise the Dukes of Aumarl Surrey Exeter with other Noble men were deprived of their Dukedomes of most of their Lands Castles Honors for having a finger in this Dukes suff●cation and death by King Richards instigation and command and had lost their heads too if the common peopte had beene their Judges who murmured against King Henry for sparing their lives as you may read in * Histor p. 402. 403. Speed p. 763. Walsingham and Speed All which I would advise his Majesties Captain●s Cavalliers and ill Counsellors to consider The rather because all levying of warre either against the King or against the Kingdome and Parliament now made a matter of high Treason on both sides must and ought to be determined and resol●ed which of them is high Treason and which not and the parties guilty of it must and ought to be tried arraigned judged and condemned for it onely in and by the Parliament and in and by no other Court or Judges as is punctually resolved by the severall Statutes of 11. R. 2. c. 1. 2. 3. 4. 21. R. 2. c. 2. 3. 4. 1 2. 20. 1. H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons especially being a new case If then the Parliament are and must be the onely judges of this question Which of the two parties now ●n Armes are Traytors and the onely Court wherein all must be tried on this point they may easily judge who are and must be the Traytors in this case and those who by the Kings meere personall command and presence whom they have treacheron●ly withdrawne from his Parliament fight now both against Parliament and King in his legall and regall capacity when the time of triall comes will be found reall Traytors both to King and Kingdome what ever their owne ignorance temporising Lawyers or hopes of prevailing may now suggest unto them In the Parliament of 15. Edward 2. the two Spensers were by ● * Exisium Hugonis le Despensor f. 50. 52. speciall Act of Parliament adjudged Traytors banished and their lands and goods confiscated for miscoun●elling their King and advising him to ride with armed Troopes of horses and men into Glocestershire to assault the good people there and to levy warre within the Realme to the destruction of the Church and people contrary to the forme of the great Charter and breach of the peace of the Realme What severe judgement then may those ill Counsellors and Cavalliers deserve who have actually levied warre not onely against the Coun●y of Glocester which they have pitifully harrowed and spoyled contrary to all Law sacked p See the Relation takin● cest Cicester ●o its utter ruine and led away the good people thence Captives to Oxford in triumph for the most part barefooted through dirt and mire in this cold Winter Season chained together in ropes more like to Turkish-Gally-slaves then English Christian Subjects onely for this new kinde of supposed Treason and Rebellion the defence of their Liberties lives and goods against theeving Cavalliers which they may defend by Law * Fitz. Corone 192. 194. 246. 258. 261. 330. Stamford f. 11 12 13. 22 H. 7. 39 24 H. 8. c. 5. Cooke I. 5. f. 51 52 53. and justifie the killing of all those who shall violently assault them to rob them of them denying them so much as a draught of cold water to quench their thirst by the way and keeping off all wh● would give it to them many of them being since dead at Oxford of samine and more then barbarous usage ● but likewise against most Counties of England miserably wasted by them and the whole Kingdome Parliament and King himselfe in his politicke Capacity and raised an Army of Papists against expres●● late Acts of Parliament who not onely now set up their long exploded Masse openly in Yorkeshire Reading and other places but which my very soule abhorres to thinke of have even freshly mo●● impiously Shit upon the English Bible in folio defaced and burnt many Testaments and godly English Book● in John Hamonds house a Bookeseller in Marleborough when they sacked it in contempt of our Religion setting the chimney on fire with their excessive flames and if reports be credible have since bu●ned divers English Bibles and other good Bookes in the publicke Market place at Reading under the very Gallowes in detestation of our Protestant faith whose utter extirpation is their chiefe designe Certainly if these ill Councellors once come to a legall triall a Gallowes will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallell especially if they persever● therein But of this more fully hereafter Sixthly Hence likewise it necessarily followes that the Houses of Parliament being the Soveraigne Power ought of right to enjoy and may when they see just cause for the Kingdomes safety and benefi●● order and dispose the Militia Navy Ports Forts and Ammunition of the Realme into such person● custodies as they may safely confide in nominate both the great Counsellors publique Officers an● Judges of the Kingdome of right require if not enforce if wilfully denyed the Kings Assent to all publicke Bils of Right and Justice necessary for the Commonweale and safety of his Subjects tak● up defensive Armes to protect their Priviledges Lawes Liberties and established Religion not onely against Malignants and Popish Recusants but the King himselfe if he raise Forces against them yea impose taxes upon the Subject and distraine imprison secure them for the publicke defence and safety when they deeme it necessary All which particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I tro●undeceive the blinded world and convince if not satisfie the greatest Royallists and Malignants both in point of Law and Conscience in the next part of this Discourse which shall passe the Presse with a● convenient expedition if God permit Finis partis Primae Errata Page 2. l. 31. read all the royall p. 15. l. 26. enact r. exact p. 17. l. 17. of and p. 20. l. 16. if it r. if being la● downe it p. 22. l. 18. last doubtfull rising

doth the use thereof also teach us It seemeth also agreeable unto reason that the same should be done in the Church that is in the Councell which is done in any Kingdome And so is this sufficiently apparent that the Pope is subject unto the Councell Thus the Bishop of Burgen Ambassadour of Spaine the Abbot of Scotland and Thomas de Corcellis a famous Divine reasoned in this Councell which voted with them Here we have a full resolution of this great Councell which the Papists call a generall one being l Surius Concil tom 4. p. 1. c. And Aeneas Sylvius hist concil Basilliensis approved by the Greeke and Romane Emperours and most Christian Kings and States and ours among others That the Kingdome in Parliament Assembled is above the King as 〈…〉 Generall Councell is paramount the Pope which they manifest by five reasons First because Kings were first created and instituted by their Kingdomes and people not their Kingdomes and people by them Secondly Because they were ordained onely for their Kingdomes and peoples service and welfare not their kingdomes and people for them Thirdly Because their Kingdomes and people as they at first created so they still limit and confine their royall Jurisdiction by Lawes to which they are and ought to be subject Fourthly Because they oblige them by a solemne Oath to rule according and to be obedient unto the Lawes Fifthly Because they have power to depose them in case they contemne the Lawes and violently rob and spoyle their Subjects This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments Peeres and Kingdomes over their Kings they have least ground of all others to taxe this Parliament or its Advocates as guilty of Treason and usurpation upon the Crowne for a more moderate claime then this amounts to Secondly I answer that Popish Parliaments Peeres and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings then this Parliament or any other since the embracing of the Protestant Religion ever claimed and doe in a great measure disclaime For first of all they have challenged and executed a just and legall power as they deemed it to depose their Kings for not governing according to Law for following and protecting evill Counsellours and Officers oppressing their Subjects and making warre against them This is evident not onely by the forementioned passages of the Councell of Basil with infinite presidents in foraine Empires and Kingdomes which I pretermit b●● by sundry domesticke examples of which I shall give you a short touch m Speeds Hist p 207. 266 267. Matth. West An. 445. 454 c. See Holinshed Grafton others Anno Dom. 454. King Vortigern when he had reigned for yeares space for his negligence and evill Government for which Vodine Arch-bishop of London told him he had endangered both his Soule and Crowne was deposed from his Crowne by his Subjects the Britaines generall consent imprisoned and his Son Vortimer chosen and Crowned King in his stead After whose untimely death being poysoned by Rowe●a Vortigern was againe restored by them to the Crowne and at last for his notorious sinnes by the just revenging hand of God consumed to ashes by fire kindled by Aurelius and V●er as heavens ministers to execute its wrath Sig●bert n Speeds Hist p. 229. Matth. West an 756. Holinsh Graft in his life King of the West-Saxons setting aside all Lawes and rules of true piety wallowing in all se 〈…〉 suall pleasures and using exactions and cruelties upon his Subjects and ●laying the Earle Cumbra his mo 〈…〉 faithfull Counsellour for admonishing him lovingly of his vicious life the Peeres and Commons thereupon seeing their State and lives in danger and their Laws thus violated assembled all together and provida omniu 〈…〉 deliberatione rose up in Armes against him deposed and would acknowledge him no longer their Soveraigne whereupon flying into the Woods as his onely safeguard and there wandring in the day like a forlo●●e person and lodging in dens and caves by night he was slaine by Cumbra his Swin-herd in revenge of his Masters death and Kenwolfe made King in his stead Anno Dom. 756. o Speeds Hist p. 245. 246. Matth. West an 792 See Holinsh Graf●on and others Osred King of Northumberland for his i 〈…〉 government was expelled by his Subjects and deprived of all Kingly Authority Anno 789. So Ethelred th 〈…〉 Sonneof M●llo his next successor being revoked from exile and restored to the Crowne of which he was * Matth. West m. An. 758. p. 275. formerly deprived thereupon murthering divers of his Nobles and Subjects to secure his Crowne so far offended his Subjects thereby that Anno 794 they rose up in armes against him and slew him at Cob●e Thus Anno 758. the people of the kingdome of Mercia rising up against Beornerd their King because be governed the ●eople not by just lawes but tyranny assembled all together as well Nobles as ignoble and Offa a most valiant ●oung man being their Captaine they expelled him from the Kingdome which done unanimo omnium consensu by the unanimous consent of all as well Clergy as People they crowned Offa King n Matth. West An. 821. Speeds Hist p 255. And Ceolwulfe King of Mercia Anno 820 after one yeares reigne was for his misgovernment expulsed by his people abando●ing his Crowne and country for the sa●ery of his life Not to mention any more such presidents before the Conquest We finde the o Matth. Paris hist Angl. p. 264 to 280. Speede p. 585 c. Hollinshead Grafton Stow Daniel Walsingham Popish Barons Prelates and Commons disavowing King John whom they had formerly elected King for making warre upon them and ●asting burning and spoyling the kingdom like an enemie electing Lewis of France for their King to whom ●hey did homage and fealty There are none so ignorant but know that the Popish Prelates Lords and Commons in Parliament p Walsingham Hist Angl. p. 398 c. Fabiun part 7. p. 345. Polychron l. ult c. 9. Hollinshead Grafton Speed p. 758. to 766. An 1327 deposed King Edward the second their naturall King for his misgovernement and following and protecting ill Counsellors inforcing him by way of complement to resigne his Crowne threatning else that they would never endure him nor any of his Children as their Soveraigne but disclayming all homage and fealtie would elect some other for King not of his r blood whom themselves should thinke most fit and able to defend the kingdome After which they elected and crowned his sonne Edward the third for their King That An 1399 q Walsing Hol. Fab. Sp. p. 680. to 697. King Richard the second for sundry misdemeanours objected against him ●n 32. Articles in Parliament and breach of his Coronation oath was judicially deposed by a Popish Parliament by 〈…〉 definitive sentence of deposition given against him which you may read at large in our

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.