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A56189 A plea for the Lords, and House of Peers, or, A full, necessary, seasonable enlarged vindication of the just, antient hereditary right of the earls, lords, peers, and barons of this realm to sit, vote, judge, in all the parliaments of England wherein their right of session, and sole power of judicature without the Commons as peers ... / by William Prynne. Prynne, William, 1600-1669. 1659 (1659) Wing P4035; ESTC R33925 413,000 574

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declare against Roger Manwaring Clerk Dr. in Divinity that whereas by the Laws and Statutes of this Realm the Free Subjects of England doe undoubtedly inherit this right and liberty not to be compelled to contribute to any tax tallage aid or to make any Loans not set or imposed by common consent by Act of Parliament and divers of his Majesties loving Subjects relying upon the said Laws and Customs did in all humility refuse to lend such sums of mony as without authority of Parliament were lately required of them Nevertheless he the said Roger Manwaring in contempt and contrary to the Laws of this Realm hath lately preached in his Majesties presence two several Sermons That is the 4. day of July last one of the said Sermons and upon the 29. day of the same moneth the other of the same Sermons Both which Sermons he hath since published in print in a Book entituled Religion and Allegeance and with a wicked and malicious intention to seduce and misguide the conscience of the Kings most excellent Majesty touching the observation of the Laws and Customs of this kingdom and of the rights and liberties of the Subjects to incense his royal displeasure against his good Subjects so refusing to subvert scandalize and impeach the good Laws and Government of this Realm and the Authority of the High Court of Parliament to avert his Majesties mind from calling of Parliaments to alienate his royal heart from his people and to cause jealousies sedition and division in the kingdom He the said Roger Manwaring doth in the said Sermons and book perswade the kings most excellent Majesty First That his Majesty is not bound to keep and observe the good Laws and Customs of the Realm concerning the rights and liberties of the Subjects aforementioned and this his royal will and command in imposing loans taxes and other aids upon his people without common consent in Parliament doth so far bind the Subjects of this Realm that they cannot refuse the same without peril of eternal damnation Secondly That those his Majesties loving Subjects which refused the loan aforementioned in such manner as is before recited did therein offend the Law of God against his Majesties supream authority and by so doing became guilty of impiety disloyalt●e rebellion and dis-obedience and lyable to many other taxes and censures which he in the several parts of his book doth most fasly and malitiously lay upon them Thirdly That authority of Parliament is not necessary for raising of aids and subsidies that the slow proceedings of such assemblies are not fit for the supply of the urgent necessities of the estate but rather apt to produce sundry impedimen●s to the just designs of Princes and to give them occasion of displeasure and discontent All which the Commons are ready to prove not only by the general scope of the same Sermons and books but likewise by several clauses aspersions and sentences therein contained and that he the said Roger Manwaring by preaching and publishing the Sermons and book aforementioned did most unlawfully abuse his holy function instituted by God in his Church for the guiding of the consciences of all his servants and chiefly of soveraign Princes and Magistrates and for the maintenance of peace and concord betwixt all men especially between the King and his People and hath thereby most grievously offended against the Crown and dignity of his Majesty and against the prosperity and good government of this estate and Commonwealth And the said Commons by protestation saving to themselves the liberty of exhibiting of any other accusation at any time hereafter or impeachment againg the said Roger Manwaring and also of replying to the answers which he said Roger shall make unto any of the matters contained in this present bill of complaint and of offering further proof of the premises or of any of them as the cause according to the course of the Parliament shall require Do pray that the said Roger Manwaring m●y be put to answer to all and every the premisses and that such proceeding examinat●on trial judgement and exemplary punishment may be thereupon had and executed as is agreeable to Law and Justice On June the 14 1628. the Lords sending a message to the House of Commons that they were ready to give judgement against Manwaring if the House of Commons would demand it Thereupon they went with the Speaker up to the Lords House having agreed he should demand judgement in these words which he then used at the Lords Bar The Knights Citizens and Burgesses of the House of Commons have impeached Roger Manwaring of sundry misdemeanors and your Lordships having taken consideration thereof they doe now by me their Speaker demand judgement against them Which upon reading his impeachment and full proof thereof out of his Sermons in his presence was done accordingly The Judgement was given and pronounced by the Lord Keeper all the LORDS being in their Robes and Manwaring at the Bar it was delivered in these words Whereas Roger Manwaring Doctor in Divinity hath been impeached by the House of Commons for misdemeanors of a high nature in preaching two Sermons before his Majestie in Summer which since are published in print in a Book intituled Religion and Allegiance and in another Sermon preached in the Parish of St. Giles in the Fields the 4th of May last And their Lordships have considered of the said Manwarings answer thereunto expressed with tears and grief for his offence most humbly craving pardon therefore of the Lords and Commons yet neverthelesse for that it can be no satisfaction for the great offence wherewith he is charged by the said Declaration which doth evidently appear in the very words of the said Sermons their Lordships have proceeded to judgement against him and therfore this High Court doth adjudge First That Dr. Manwaring shall be imprisoned during the pleasure of the House 2ly That he de fined at 1000 l. to the King 3ly That he shall make such submission and acknowledgement of his offences as shall be set down by a Committee in writing both at the Bar and in the House of Commons 4ly That he shall be suspended for the time of 3 years from the exercise of the Ministery and in the mean time a sufficient preaching Minister shall be provided out of his living to serve the Cure this suspension and this provision of a preaching Minister shall be done by the Ecclesiastical Jurisdiction 5ly That he shall be for ever disabled to preach at the Court hereafter 6ly That he shall be hereafter disabled to have any Ecclesiastical dignity or secular Office 7ly That his said Book is worthy to be burnt and that for the better effecting of this his Majesty may be moved to grant a Proclamation to call in the said Books that they may be all burnt accordingly in London and both Universities and for the inhibiting the permitting therof upon a great penalty Here we have a most direct president where the whole House of Commons
Liberties from vassalage to the Norman yoke assembling all the Commons of Kent to Canterbury informed them That they were born freemen that the name of bondage was never heard amongst them that nothing but servitude attended them if they unworthily submitted to the insolency of the invading Enemy as others had done And thereupon exhorted them manfully to fight for the Laws and Liberties of their County chusing rather to end an unhappy life by fighting valiantly for them in the field than to undergoe an unaccustomed yoke of bonduge or to be reduced from their known Liberties to an unknown and unsure slavery After which the Archbishop and Abbot chusing rather to dye in battel than to behold the misery and slavery of their Native Country became the Captains of the Kentish Army which they raised and by a Stratagem invironing Duke William and his whole Army at Swanscomb they procured this Grant and Concession from him That all the people of Kent should for ever enjoy their antient Liberties without diminution and use the Laws and antient Customs of their Country they being resolved as Stigand told the Duke rather to part with their lives than them Liberty being the proper badge of Kentishmen After which Duke William marching to London to be Crowned King Cumque ●eracta victoria Tyranni nomen exhorrescens et legitimi Principis personam induere Gestiens à Stigando tunc temporis Can●uariensi Episcopo consecrari deposceret Ille out of an heroick gallant English Christian spirit Viro ut ai●b●t Cruento et alien● juris Invasori manus imponere nullatenus adquievit Whereupon he was crowned by Aldred Archbishop of York King William for this his stoutness and opposition in defence of his Countries Laws and Liberties under a pretence of honor first carried him with him into Normandy as a Prisoner at large afterwards upon feigned pretences caused him to be deprived of his Archbishoprick and then shut him up Prisoner in the Castle of Winchester where he soon after died of grief or famine having scarce enough allowed him to keep soul and life together Such a curb and terror was he to him whiles he lived in place and power that he could not carry on his designs against the English to captivate or enslave them till he was removed out of the way of this Conqueror who came to the Crown by the effusion of so much Christian bloud that Gulielmus Neubrigensis gives this censure of it and let all other invaders of the Crown by bloud observe it Sane quod idem Christianos innoxios hostiliter Christianus impetiit et tanto sibi sanguine Christianum Regnum paravit quantae apud homines gloriae tantae etiam apud Deum noxae fuit Whence Stigand refused to crown him Simon Mon●e●ort Earl of Leicester the greatest Pillar and General of the Barons in the wars against King Henry the 3d for the preservation corroboration of Magna Charta the Liberties and Properties of the People was so terrible to this extravagant oppressive King frequently violating both his Great Charters Laws Oaths That being perswaded to enter into his house in a tempest of thunder and lightning which he very much feared the Earl courteously meeting him and saying Why do you fear tht tempest is now past the King thereunto replyed not jestingly but seriously with a stern countenance I fear thundring and lightning above measure but by the head of God I tremble more at thee than at all the thundring and lightning in the world Being afterwards slain in the Battel of Eusham in defence of his Countries Liberties Rishanger gives this Encomium of him Thus this magnificent Earl Simon ended his dayes who not only bestowed his estate but his person and life also for relief of oppressions of the poor for the asserting of Justice and the Rights of the Realm A sufficient Ground for such Nobles and their Posterity to sit and Vote as Peers in Parliament without the peoples election In the 3 4 14 15 of K. Edw. 2. his reign Tho. Earl of Lancaster and other potent wealthy Barons were the chief Sticklers against Gaverston and the Spencers who seduced the King oppressed the people and were the principal Pillars of our Laws Liberties as our Historians relate at large procuring those ill Counsellors to be banished and removed from the King even by force of Arms. In 10 11 22. of King Rich. 2. the Duke of Gloucester the Earl of Arundel and other potent Lords were the principal opposers of the Kings ill Counsellors Tyranny the chief protectors of the Laws and peoples Liberties to the loss of some of their lives heads estates as our Statutes the Rolls of Parliament in those years and Historians witness whence Walsingham writing of the Duke of Glocester's death murthered by the Kings command at Calice who was the principal Anti-royalist and head of all the Barons useth this expression Thus died this best of men the Son and Uncle of a King in quo posita fuere spes solatium TOTIVS REGNI COMMUNITATIS in whom the hope and solace of the Commonalty of the whole kingdom were placed who resented his death so highly that in the Parl. of 1 H. 4. Hall who had a hand in his murder was condemned and executed for a Traytor his Head Quarters hung up in several places and K. Richard among other Articles deposed for causing him to be murthered Since then our Peers and Nobles as the premised Examples abundantly evidence have been alwaies persons of greatest valour power estate interest most able forwards to oppose the Tyranny Exactions of our Kings and to preserve the Great Charters of our Liberties first gained since preserved and transmitted to us by their valour bloud counsel cate with our other Laws which they have upon all occasions manfully defended with the hazard loss of their lives Liberties Estates and upon this ground were thought meet by the wisdom of our Ancestors to merit and enjoy this privilege of sitting voting judging in Parliament by vertue of their Peerage and Baronies And since we must all acknowledge that the Lords assembled in a Great Council by the King at York as the Commons themselves acknowledge and remonstrate Exact Collection p. 13. were the chief instruments of calling this present Parliament and were therefore in the Act for Triennial Parliaments principally intrusted to summon and hold all future Parliaments in the Kings Lord Chancellors or Lord Keepers defaults Being also very active in suppressing the Star-chamber High Commission Councel-Table Prelats and other grievances and those who fitst appeared in the Wars against the King and his party in defence of our Laws Liberties Religion Parliaments Privileges to the great encouragement of others witnesse the deceased Lord General Essex Brooke Bedford Stamford Willougbie Lincoln Denbigh Manchester Roberts and others it would be the extremity of folly ingratitude and injustice to deny our Peers this hereditary Right Privilege Honour now w ch
rightfull Kings or their heirs or the Nobles and people of th●se Realm their possessions of the Crown being no expiation of their Treasons Regicides but an aggravation of them both in Law and Gospel account unable to secure their heads lives by their own Law and concession since the actual coronation unction and possession of the kings de Jure whom they murdered deposed against their Oaths allegeance duties could neither preserve their crowns persons nor lives from their violence and intrusion To omit he hanging up of Iohn of Leyden who crowned himself a king with his companions for Traytors at Munster An. 1535. with all antient domestick presidents of this kind among our British and Saxon kings it is very observable that in the Parliament of 1 E. 4. n. 17 18. Henry the 6. though king de facto together with his Queen Son Edward Prince of Wales the Duke of Somerset and sundry others were attainted of high Treason for killing Rich. Duke of York at Wakefield being only king de jure and declared heir and successor to the Crown after King Henry his death in the P●rliament of 39 H. 6. n. 18. though never crowned and not to enjoy the possession of it during the reign of King Henry yet Henry the 6. his murder after his deposition was never inquired after though king de facto for sundry years and that by descent from 2. usurping ancestors nor yet reputed Treason After this king Richard the 3d. usurping the Crown and enjoying it as king de facto for 2. years 2. moneths and one day was yet slain in Bosworth field as an usurping bloudy Traytor stript naked to the skin without so much as a clout to cover his privy members all sprinkled over with mire and bloud then trussed like a Hogg or Calf behind a pursuivant and ignobly buried Sir William Catesby a Lawyer one of his Chief Counsellors with divers others were two dayes after beheaded at Leicester as Traytors notwithstanding he was king de facto and no doubt had not king Richard been slain in the field but taken alive he had been beheaded for a Traytor as well as his adherents being the principal Malefactor and they but his instruments So that his kingship and actual possession of the Crown by intrusion did neither secure himself nor his adherents from the guilt or punishment of High Treason nor yet the Act of Parliament which declared him true and lawfull King as well by inheritance and descent as election it being made by a packed Parliament of his own summoning and ratified only by his own royal assent which was so far from justifying that it did make his Treason more heinous in Gods and mens esteem it being a framing of mischief and acting Treason by a Law Psal 94.20 21. which God so much abhors that the Psalmist thence infers v. 23. And the Lord shall bring upon them their own iniquity and shall cut them off in their own wickedness yea the Lord our God shall cut them off as he did this Arch bloudy Traytor and his Complices though king de facto by a Law 9ly Since the Statute of 11 H. 7. c. 1. some clauses whereof making void any Act or Acts of future Parliaments and Legal process against it are meerly void unreasonable and nugatory as Sir Cook himself affirms of Statutes of the like nature there have been memorable Presidents Judgements in point against his and others false glosses on it in favour of Usurpers though King or Queen de facto and their Adherents against the lawfull Queen and heir to the Crown which I admire Sir Edward Cooke and other Grandees of the Law forgot or never took notice of though so late and memorable King Edward the 6. being sick and like to dye taking notice that his Sister Queen Mary was an obstinate Papist very likely to extirpate the Protestant Religion destroy that Reformation which he had established and usher in the Pope and Popery which he had totally abandoned by advice of his Council instituted and declared by his last will in writing and Charter under the Great Seal of England the Lady Jane of the bloud royal eldest Neice to King Henry the 8. a virtuous Lady and zealous Protestant without her privity or seeking to be his heir and Successor to the Crown immediately after his death for the better confirmation whereof all the Lords of his Privy Council most of the Bishops Great Officers Dukes Earls Nobles of the Realm all his Judges and Barons exept Hales the Serjeants and great Lawyers with the Mayor and Aldermen of London subscribed their Names and gave their full and free assents thereto wherupon immediately after King Edwards death July 9. 1553. Iane was publikely proclamed Qu. of this Realm with sound of trumpet by the Lords of the Council Bishops Judges Lord Mayor and Aldermen of London So as now she was a Queen de facto backed with a very colourable Title from King Edward himself his Council Nobles Judges and the other subscribers to it being likewise eldest Neece to King Henry the 8. of the bloud-royal For defence of her person and Title when proclamed Queen and to suppress Mary the right heir the Council speedily raised a great power of 8000 foot and 2000 horse of which the Duke of Suffolk was first made General being her Father but soon after the Duke of Northmberland by Commission from the whole Council in Queen Janes Name who marched with them to Cambridge and from thence to St. Edmunds Bury against the Lady Mary Queen only de jure not de facto But many of the Nobles and the generality of the people inclining to Queen Mary the right heir and resorting to her ayd to Fotheringham Castle thereupon the Council at London repenting their former doings to provide for their own safety on the 20. of June 1553. proclamed Mary Queen and the Duke of Northumberland hearing of it did the like in his Army who thereupon deserted him From which sodain alteration the Author of Rerum Anglicanarū Annales printed Lond. 1616. l. 3. p. 106. hath this memorable observation Tali tamen constanti veneratione nos Angli legitimos Reges prosequimur ut ab eorum debito obsequio nullis fucis aut coloribus imo ne Religionis quidem obtentu nos divelli patiamur cujus rei Janae hic casus indicium poterit esse plane memorabile Quamvis enim Dominationis illius fundamenta validissima jacta fuissent cui et summa arte superstructum est quam primum tamen Regni vera et indubitata haeres se Civibus ostendit omnis haec accurata structura concidit illico quasi in ictu oculi dissipata est idque eorum praecipue opera quorum propter Religionis causam propensissimus favor Janae adfuturus sperabatur c. All the Martyrs Protestant Bishops and Ministers imprisoned and burnt by her humbly requiring and in the bowels of our Lord Jesus
inform us In the Parliament of 2. Caroli the Duke of Buckingham impeached the Earl of Bristol and the Earl of Bristol impeached this Duke before the Lords in sundry Articles for divers misdemeanours touching the Spanish match King Prince to seduce him in his religion praying judgment of the Lords thereupon against each other In the Parliament of 3. Caroli the Duke of Buckingham was accused and Impeached by the Commons before the Lords for sundry high Misdemeanors and the Parliament thereupon dissolved to prevent his censure In this very Parliament of King Charls now sitting Thomas Earl of Strafford was accused and impeached by the House of Commons of High Treason and other misdemeanors comprised in sundry Articles which they transmitted ●o the House of Lords desiring that he might be put to answer them and such proceedings examination trial and judgement thereupon had and given against him by the Lords as is agreeable to Law and Justice Hereupon he was openly tried in Westminster Hall before the House of Lords there sitting as his Judges where the House of Commons prosecuted and gave in Evidence against him sundry dayes and in conclusion demanded the Lords to give Iudgement against him in the Iudicial way After which they proceeded against him by way of Bill not to decline their Lordships Iustice in a Iudicial way but to husband time by preventing some doubts and as the speediest and soonest way Upon the passing of which Bill he was beheaded and executed as a Traytor On the 26 of February 1640. William Laud Archbishop of Canterbury was accused and impeached of High Treason by the House of Commons of 14. Articles then transmitted by them to the House of Lord The first whereof was this That he had trayterously endeavoured to subvert the fundamental Laws and Government of the Realm and instead thereof to introduce an Arbitrary and Tyrannical Government against Law And the last of them this That he had laboured to subvert the rights of Parliament and the ancient Course of Parliamentary proceeding which the New-modellers of our Parliaments more guilty hereof by many degrees than he may do well to consider Upon which they prayed from the Lords such proceedings examination trial and Iudgement against him as is agreeable to Law and Justice Upon these Articles he was brought to a publike Trial in the Lords House the 12. of March 1643. and after 17. whole dayes spent in his meer Trial and proof of the Charge against him and his defence thereto morning and evening and several other dayes spent in the hearing of him and his Council and the Commons Reply touching his Charge and the matters of Law whether the Charge pr● against him amounted to High Treason the Lords upon most mature deliberation voted him Guilty of all the Articles and matters of fact charged against him and also of High Treason and thereupon passed an Ordinance for his Attainder by vertue whereof he was beheaded as a Traytor on Tower-Hill January 10. 1644. To these I might add the seveeal Articles of Impeachment transmitted by the House of Commons this Parliament to the Lords against Matthew Wren Bishop of Norwich the 20. of July 1641. against William Pierce Bishop of Bath and Wells and against the Bishops of Winchester Coventry and Litchfield Glocester Chichester Exeter St. Asaph Hereford Ely Bangor Bristol Rochester Peterborough and Landaffe August 4. 1641. requiring such proceedings from the Lords against them as to Law and Justice shall appertain All which are a superabundant impregnable Evidence of the Lords inherent Judicial power and right of Judicature in our English Parliaments even by the Commons House own Impeachments and acknowledgements against the Levellers pretences to the contrary By all these forecited presidents it is most apparent 1. That the King and Lords in our Parliaments in all ages both before and since the Commons admission to sit and vote in Parliaments have been the sole Judges of Ecclesiastical Peers and Lords in all criminal cases without the Commons 2ly That the Lords and Peers of the Realm except only in case of appeal● both in and out of Parliament are triable only by their Peers And therefore the Trial condemnation and execution of any of them by Marshal Law or now misnamed High Courts of Justice by Commoners and others who are not their Peers is most illegal unjust and nought else but murther as the Parliaments of 1 H. 4. rot Parl. n. 45. of 1 E. 4. rot Parl. n. 18. resolve and as it was adjudged in the case of Thomas Earl of Lancaster Pa●ch 39 E. 3. Coram Rege Rot. 92. Wi● Cooks 3. Institutes p. 52 53. Secondly The next and main question now con●roverted will be Whether the King House of Peers have any lawfull or sole power of Judicature in and over the persons of the Commons of England as well as over Peers in criminal causes misdemeanours offences or breaches of their Parliamentary privileges so farr as to fine imprison censure judge or condemn them in any kind without the House of Commons concurrent vote or judicature This the ignorant sottish Levellers Sectaries seduced by their blind guides John Lilburn and Overton peremptorily deny the contrary whereof I shall here infallibly make good to their perpetual shame and refutation by unanswerable Reasons and presidents in all ages 1. I have already manifested That the Parliament being the supremest Court of Judicature in the Realm must consequently have a lawfull Jurisdiction over all persons and members of the Realm whether Spiritual or Temporal Lords or Commons in all criminal and civil Causes proper for Parliaments to judge or punish That this power of judicature was originally and primitively vested in the King and Lords alone before there were any Knights Citizens Burgesses or Commons summoned to our Parliaments as is evident by the antient writers Glanvil Bracton Fleta Horn the Parliament of Clarindon Anno. 1164. and other forecited authorities and never transferred by them to the House of Commons upon or after their admission into our Parliaments but remaining intirely in the King and Lords as at first as the whole House of Commons acknowledge upon record 1 H. 4. rot parl n. 79. Therefore they may lawfully exercise this their judicial power and jurisdiction over the Commoners of England in all such causes now and hereafter and that of right as this record resolves they may do in positive terms 2ly Our Histories Law-books and Records agree that in ancient times our Earls who were called Comites or Counts from the word County had the chief Government and Rule of most of the Counties of this Realm under our King and that they and the Barons were the proper Judges of the Common people both in criminal and civil Causes in the Tourns County-Courts even by vertue of their Dignities and Offices as our Sheriffs are now in which Courts they did instruct the people in the Laws of the Land and administer Justice
Crown nor unkinged himself as unworthy to reign any longer 12ly King Edward the 2. after this his deposition was reputed a King de jure still and therefore stiled by the whole Parliament all the Lords and King Edward the 3d. himself in 4 E. 3. n. 1 2 3 4 5 6 10. their King and Leige-Lord and Mortimer with his complices were condemned and executed as TRAYTORS for murdering him after his Deposing contrary to Sir Edward Cooks false Doctrine 3 Institutes f. 7. And in the Parliament of 21 R. 2. n. 64 65. the revocation of the Act for the 2. Spencers restitution in the Parl. of 1 E. 3. was repealed because made at such time by King Edward the 3. as Edw. 2. his Father BEING VERY KING was living and imprisoned so that he could not resist the same An express resolution by these two Parliaments that his deposition was both void in Law and illegal 13ly Neither of these 2. Kings though their articles were more heinous and Government more unkingly arbitrary than the late Kings were condemned or adjudged to lo●e their heads or lives for their misdemeanors but meerly deprived of their royal Authority with a promise to preserve their lives and treat them nobly and that upon this account that they were Kings yea anointed Kings when they transgressed therefore exempted from all capital censures penalties of Laws by any humane Tribunals as David resolves Psal 51.4 Against thee thee only have I sinned whence S. Chrysostom S. Ambrose Arnobius with others in their Expositions on that Psalm S. Hierom Epist 22 47. Peter Martyr on the 2 Sam. 2.13 learned Grotius and others conclude in these words Liberi sunt Reges à vinculis delictorum neque enim ad paenam ullis vocantur legibus tuti Imperii potestate Hence Otto Frisingensis Episcopus writes thus to the Emperor Fredericke Praeterea cum nulla inveniatur persona mundialis qui mundi legibus non subjaceat subjaciendo coerceatur SOLI REGES utpote constituti super leges in respect of corporal penalties DIVINO EXAMINI RESERVATI seculi lègibus non cohibentur unde est illud tam Regis quam Prophetae testimonium Tibi soli peccavi These 2. presidents therefore no wayes justifie the proceedings against the late beheaded King as I before hand manifested in my Speech in Parliament Decem. 4. and in my Memento in Jan. 1648. which gave ample satisfaction herein not only to out 3. kingdoms at home but to the learnedst Protestant Divines Churches abroad both in France Germany as Samuel Bochartus an eminent French Divine in his Latine Epistle to Dr. Morley printed Parisiis 1650. attests Sect 3. De Jure potestate Regum p. 145. Where after a large and solid proof out of Scripture Fathers and other Authors of the unlawfullnesse of our late Kings trial judgement and Execution and that the Presbyterian English Ministers and Membees did then professedly oppugn and write against it he thus proceeds Ex hoc numero PRYNNIUS vir multis nominibus insignis Parlamenti Delegatorum unus è carcere in quo cum pluribus aliis detenebatur Libellum composuit Parliamento oblatum in quo decem rationibus iisque validissimis contendit eos rem illicitam attentare in proceeding Criminally and Capitally against the King Then reciting the Heads of my reasons against it he concludes thus Haec ille multo plura SCRIPTOR MIRE NERVOSUS cujus verba sunt stimuli et elavi in altum defixi After which he there prooves by several instances how much the Protestant Ministers Churches of France and Geneva condemned these proceedings as repugnant to Scripture and the Principles of the Protestant Religion And Dr. Wolfgangus Mayerus a famous Writer and Professor of Divinity at Basil in Germany in his Epistle Dedicatory before his printed Latine Translation of my Sword of Christian Magistracy supported Basil 1649. Viro Nobilissimo ac consul●issimo omnium Doctrinarum Virtutumque Ornamentis excultissimo verae pietatis zelo flagrantissimo Orthodoxae Religionis libertatisque Patriae defensori Acerrimo GVLIELMO PRYNNE J. V. Doctori celeberrimo Domino atque Amico suo plurimum honorando Authori Interpres S. P. D. hath published to my self in particular and the world in general That the beheading of the K. as it was contrary to the Parls primitive intention so it was cum magna gentis Anglicanae ignominia qui jam discincti laudatissimique corporis compage miserrime rupta atque dissipata ferre coguntur quod evitari amplius non potest At sane non exiguam laudem APUD OMNES REFORMAT AS ECCLESIAS consecuti sunt illi Angliae Pastores qui naevos et Errores Regiae administrationis quos magnos fuisse agnoverunt precibus potius a Deo deprecandos quam capitali poena vindicandos esse censuerunt suasque Ecclesias ab omnibus sanguinariis consiliis magno zelo animo plane intrepido dehortati omnemque criminis istius suspicionem ab ipsis hoc pacto prudentissime amoliti sunt Sed hanc causam aliis disceptandam relinquo Which learned Salmasius soon after professedly undertook in the Netherlands Vincentius Heraldus and Bochartus 3 most eminent Protestant Ministers in France in printed Treatises published against the Kings Trial c. as repugnant to the Principles of the Christian Protestant Religion Which another famous Frenchman in his French Translation of 47 London Ministers Petition against it thus brands Post Christum crucifixum nullum atrocius crimen uspiam esse admissum universam terram eo concuti bonos omnes ad luctum provocari USQUE AD FINEM SECULI Which Mr. Bradshaw may do well to ruminate upon now in cold blood and all others ingaged with him in this unparalled Judgment execution being no way warranted by the depositions of King Edward or Richard the 2. 14ly When the News of K. Richards deposing was reported into France King Charls and all his Court wondered detested and abhorred such an injury to be done to an anointed King to a crowned Prince and the head of the Realm But in especial Waleram Earl of St. Paul which had maried King Richards half Sister moved with high disdain against King Henry ceased not to stir and provoke the French King and his Counsel to make sharp war in England to revenge the injury and dishonour committed and done to his Son-in-law King Richard and he himself sent Letters of defiance to England Which thing was soon agreed to and an Army royal appointed with all speed to invade England But the French King so stomached this high displeasure and so inwardly conceived this unfortunate chance in his mind that he fell into his old disease of the Frensy that he had need according to the old proverb to sail to the Isle of Anticyra to purge his melancholy humour but by the means of his Physicians he was somewhat relieved and brought to knowledge of himself This Army was come down into