The soveraigne povver of parliaments and kingdomes divided into foure parts· Together with an appendix: wherein the superiority of our owne, and most other foraine parliaments, states, kingdomes, magistrates, (collectively considered,) over and above their lawfull emperours, kings, princes, is abundantly evidenced, confirmed by pregnant reasons, resolutions, precedents, histories, authorities of all sorts; the contrary objections re-felled: the treachery and disloyalty of papists to their soveraignes, with their present plots to extirpate the Protestant religion demonstrated; and all materiall objections, calumnies, of the King, his counsell, royallists, malignants, delinquents, papists, against the present Parliaments proceedings, (pretended to be exceeding derogatory to the Kings supremacy, and subjects liberty) satisfactorily answered, refuted, dissipated in all particulars. By William Prynne, utter-barrester, of Lincolnes Inne. It is on this second day of August, 1643. ordered ... that this booke ... be printed by Michael Sparke ...

The Treachery and Disloyalty of Papists to their Sove∣raignes, both in Doctrine and Practise.

WHen I seriously consider the memorable Preamble of 3. Iac. 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 Iesuites, 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 Conspira∣cies and Practices, as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder, the King, Queene, Prince, Lords and Commons in the House of Parliament assembled, tending to the utter subversion of the whole State, lately un∣dertaken by the instigation of Iesuites and Seminaries, and in advancement of their Religion by their Schollars taught and instructed by them for that purpose. With the Statutes of 35. Eliz. ch. 2. and 3. Iacob. ch. 5. which Enact: That all Popish Reeusants shall be re∣strained to some certaine places of abode, and confined to their private houses in the Country, and not at any time after to passe or remove above five miles from thence, under paine of for∣feiting all their Lands, Goods, and Chattels, during life. That none of them shall remaine within ten miles of the City of London, nor come into the Court or house where his Majesty, or Heire apparent to the Crowne of England shall be; nor have in their owne houses, or in the hands or possession of any other at their disposition, any Armour, Gunpowder, or Munition, of what kinde soever; And all this, for the better discovering and avoyding of such Trayte∣rous, and most dangerous Conspiracies, Treasons, Practises, and attempts, as are daily devi∣sed, and practised against our most gracious Soveraignes Person, and the Commonweale, by rebellious and trayterous Papists. And when I read in* 1.1 two of King Iames his Procla∣mations: That those adhering to the profession of the Church of Rome, are blindly led (to∣gether with the superstition of their Religion) both unto some points of Doctrine which* 1.2 can∣not consist with the loyalty of Subjects towards their Prince, and oft times unto direct actions of conspiracies, and conjurations against the State wherein they live, as hath most notoriously appeared by the late most horrible and almost incredible conjuration (grounded upon points of Doctrine in that Church held and mantained, and contrived, and practised with the privi∣ty and warrant of many of the principall Priests of that profession) to blow up our children and all the three States in Parliament assembled. And when we consider the course and claime of the Sea of Rome, we have no reason to imagine, that Princes of our Religion and profes∣sion can expect any assurance long to continue, unlesse it might be assented by the mediation of other Princes Christian, that some good course might be taken (by a generall Councell, free, and lawfully called) to plucke up those rootes of dangers and jealousies which arise for cause of Religion, as well betweene Princes and Princes, as betweene them and their Subjects; and

to make it manifest, that no State or Potentate, either doth or can challenge power to dispose of earthly Kingdomes, or Monarchies, or to dispence with Subjects obedience to their natu∣rall Soveraignes; (Which was never yet attempted, much lesse effected.) And in the Booke of Thanksgiving appointed for the fifth of November, (set forth by King Iames, and the Parliaments speciall direction) this observable Prayer (somewhat al∣tered by the nowa 1.3 Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the Papists) To that end strenghthen the hand of our gracious King, the Nobles and Magistrates of the Land, with Iudgement S••p justice, to cut off these workers of ini∣quity (the Papists) whose Religion is rebellion, whose faith is faction, whose practise is murthering of Soules and bodies, and to roote them out of the confines of this Kingdome. I cannot but stand amazed, yea utterly confounded in my selfe, at the Impudency and Treachery of those pernicious Counsellors, who in affront of all these Lawes and premises, have issued out sundryb 1.4 Commissions, under his Majesties hand and seale, to divers notorious Papists, not onely to furnish themselves with all sorts of Armes and Munition; but likewise to meete together armed, and raise forces in the Field, to fight against the Parliament, Kingdome, and Protestant Religion, (even contrary to divers his Majesties late Printed Declarations, and Protestations, to all his loving Subjects) advanced them to places of great trust and command in his Ma∣jesties severall Armies; & procured them free accesse unto, if not places of note about his sacred person, as if they were his loyallest Subjects, his surest guard (as many now boldly stile them) and more to be confided in, then his best and greatest Coun∣cell, the Parliament; whom they most execrably revile, as Rebels, and Traytors, the more colourably to raise an Army of Papists to cut their throats, and the throat of our Protestant 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 Re∣ligion, which he hath oft protested (and we beleeve) he will never doe.

But I desire these il counsellors of the worst edition, to informe his Majesty, or any rational creature, how it is either probable, or possible, that an army of papists should secure his royall person, Crowne, Dignity, or protect the Protestant Religion, the Parliament, or its Priviledges, to all which they have shewed themselves most pro∣fessed enemies. We all know that Popish Recusantsc 1.5 obstina••ely 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,* 1.6 That they doe truly and sincerely acknowledge and professe; That the Pope hath no authority to depose the King, or to dispose of any his Kingdomes, or to authorize any foraine Prince to invade his Coun∣tries, or to discharge any his Subjects from their Allegiance to his Majesty, or to licence any of them to beare armes, or raisetumults against him, or to offer any violence or hurt to his royall Person, State, Government, Subjects. That notwithstanding any Declaration, Ex∣communication, 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 Dig∣nity, by reason of any such sentence or Declaration, or otherwise. And that they doe from their hearts, abhorre, detest, abjure as impious and hereticall, this damnable Doctrine and po∣sition: (professedly 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 whatso∣ever. Will those then who refuse to take this Oath, or abjure this King-deposing, King-killing Popish Doctrine; harbouring a S••eminary Priest in their Tents, and a Pope in their hearts, prove a faithfull guard to his Majesties Person, Crowne, King∣domes? Will those who so oft conspired the death, and attempted the murthers of Queene Elizabeth, and King Iames, onely because they were Protestants, and Defen∣ders of the Protestant Faith, now cordially protect and assist King Charles, without at∣tempting any thing against his Crowne or Person, who hath lately made and pub∣lished so many Protestations, and Declarations, that he will never imbrace, 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 Maje∣sty 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? Can those prove really royall to his Majesty and his Royall Posterity, who would have blowne up him and all his Royall House at once, even long before he had po∣sterity? In a word (if ancient presidents will not convince us) are those who for d 1.7 two yeares last past or more, have beene labouring with might and maine to un∣crowne his Majesty, and utterly extirpate the Protestant Religion by horrid conspi∣racies and force of Armes, in Ireland, and are now there acting the last Scene of this most barbarous bloudy Tragedy; likely to spend their dearest bloud in fighting for the preservation of his Majesties Crowne and the Protestant cause in England, if this onely be the reall quarrell, as is speciously pretended? Or will any of that Re∣ligion, who within these three yeares, have by force of Armes, both in Catalonia, Portugall, and elsewhere, revolted from, and cast off their allegiance to their owne most Catholicke King, to set up others of the same Religion in his Tribunall for their greater advantage; put to their helping hands to establish his Majesty (the most Protestant King) in his regall Throne, admit it were really, not fictitiously in∣dangered to be shaken by the Parliament? Certainly, if the ground of this unnatural warre be such as these ill Counsellors 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 of all others, both to King, Kingdome, Religion, Parliament, whose joynt destructions (what ever these ill Counsellors pretend) is questionlesse the onely thing really intended by the Popish party in this warre, as the proceedings in Ireland, the introducing of foraine, the raising of domestick Popish Forces, the disarming of Protestants, and Arming Papists with their Harnesse, clearely demonstrate to all whom prejudice hath not blinded.

Now that I may evidence to these pernicious Counsellors, and all the world, how dangerous, how unsafe it is to his Majesty, to the Kingdome, to put Armes into Papists hands, and make use of them to protect the Kings person, or Crowne; 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 the Kingdomes in it, to dispose of them at his pleasure, to whom and when he will, without giving any account of his actions. That all Emperours and Kings are but his vassals, deriving, and holding their Crownes from him by base unworthy services, worse then villenage; that they call, and repute them their Popes vassals, curs, packe-asses with Bels about their neckes, and use them like such, if they offend the Pope. For full proofe whereof out of their own Authours and practise, I shall refer them to Doctore 1.8 Richard Crack∣enthorps Booke, Of the Popes temporall Monarc••y, chap. 1. p. 1. to 27. worthy any mans reading, to Iohn Bodins Commonwealth, Lib. 1. cap. 9. Bishop Iewels view of a Seditious Bull, and Doctor Iohn Whites Defence of the way to the true Church, chap. 10. p. 43.

Secondly, That the Pope alone without a Councell, may lawfully excommunicate, cen∣sure, depose both Emperours, Kings, and Princes; and dispose of their Crownes and King∣domes unto others; That it is meete and necessary he should excommunicate and deprive all Kings, who are either Heretickes or Apostates (as they repute all protestant Princes) or op∣pressors of the Common-wealth: That as soone as such Princes are actually excommunicated, or notoriously knowne to be Heretickes or Apostates, their Subjects are ipso facto absolved from their governme••t, and Oathes of Allegiance whereby they were bound unto them; and may, yea ought to take up Armes against them to deprive them of their Kingdomes.

Thirdly, That such hereticall, tyrannicall, oppressing Kings may be killed, poysoned, or slaine by open force of Armes, not onely lawfully, but with glory and commendations; That this is to be executed by Catholikes; and that it is not onely an heroicall, but merito∣rious act, worthy the highest Encomiums; and a Saint-ship in the Roman Ca∣lender.

These two last propositions you may read abundantly proved by the words of Popish writers, and forty examples of severall Emperours, Kings and Princes, which Popes and Papists have excommunicated, deprived, violently assaulted and murthe∣red, ine 1.9 Doctor Iohn Whites defence of the way to the true Church, chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Pauls Crosse, March 24. 1615. pag. 11. 12. in Bishop Iewels view of a seditious Bull, in Bishop Bilsons true difference of Christian Subjection, and unchristian rebellion, part. 3. throughout: Aphorismi Doctrinae Iesuitarum: King Iames his Apology against Bellarmine, with his Answer to Cardinall Perron, and sundry printed Sermons, preached on the fifth of No∣vember, to which I shall referre the Reader. What security or protection then of his Majesties royall person, Crowne, Kingdomes, can now be expected from our popish Recusants, (infected with these trayterous principles, and branded with so many ancient, moderne, nay present Treasons and Rebellions against their Soveraignes) let the world and all wise men seriously judge; What faire quarter and brotherly assistance the Parliament, Protestants, Protestant Religion, Lawes and Liberties of the Subject are like to receive from this popish Army, the late Gunpowder Treason, the Spanish Armado, the English and French booke of Martyrs, the present proceedings in Ireland, Yorkeshire, and elsewhere, will resolve without dispute: And what peace and safety the Kingdome may expect in Church of State, whiles Popery and Papists have any armed power or being among us,f 1.10 Doctor Iohn White hath long since pro∣claimed at Pauls Crosse (and now we feele it by experience) in these words; Papistry can stand neither with peace nor piety; the State therefore that would have these things, hath just cause to suppresse it. Touching our peace, it hath not beene violated in our State

these many yeares but by them, nor scarce in any Christian State, since Charles the Great his time, but the Pope and his ministers have had a hand in it.

All these ill advisers (to colour their closeg 1.11 designe of re-establishing Popery, prin∣cipally intended) can alleadge for arming Papists against Law, is; That the Parlia∣ment hath trayterously invaded the Kings Prerogatives in a high degree;* 1.12 claimed a power and jurisdiction above his Majesty in sundry particulars; yea,* 1.13 usurped to its selfe a more exorbitant, unlimited, arbitrary authority in making Lawes, impo∣sing taxes, &c. then any Parliaments challenged in former ages; to represse which insolences, and reduce the Parliament to its due limits, his Majesty is now necessita∣ted to raise an Army, and pray in ayde of Papists, who in former ages have beene more moderate in their Parliaments, and are like to prove most cordiall and loyall to his Majesty in this service.

To answer which pretence more fully,* 1.14 though it be for the maine, most palpably false, yet (by way of admission onely) I shall suppose it true, and with all possible brevity manifest; That Parliaments, Prelates, Peeres, Commons in times of Pope∣ry, have both claimed and exercised farre greater authority over our Kings and their Prerogatives, then this or any other Protestant Parliament hath done: Where∣fore Papists of all others, have least cause to taxe the Parliaments proceedings, and those ill Counsellors and his Majesty small reason to imploy or trust Papists in this service.* 1.15 To descend to some particular heads of complaint, involved in this ge∣nerall.

First, it is objected, that the Parliament and some of itsh 1.16 Advocates, with its approbation, affirme; that the Parliament being the representative Body of the whole Kingdome, is in some respects of greater power and authority then the King; who though he be singulis major, yet he is, universis minor; which is contrary to the Oath of Supre∣macy, (wherein every Subject,* 1.17 doth utterly testifie and declare in his conscience, that the Kings highnesse is THE ONELY SUPREAME GOVERNOUR of this Realme, &c. as well in all Spirituall or Ecclesiasticall causes, as Temporall:) and a kinde of unkinging his Majesty, no wayes to be indured.

To which I answer,* 1.18 first, that if this Doctrine be either Traytorous or Hereticall, the Papists were the first broachers of it long agoe; For Hen. de Bracton a famous English Lawyer, who writ in King Henry the third his reigne, lib. 2. cap. 16. f. 34. a. resolves thus,i 1.19 But the King hath a SUPERIOUR, to wit God: Also the Law, by which be is made a King: likewise HIS COURT; namely, the EARLES AND BARONS; because they are called Comites, as being THE KINGS FELLOWES (or companions;) and he who hath a fellow (or associate) hath a MA∣STER: and therefore if the King shall be without a bridle, that is, without Law, THEY OUGHT TO IMPOSE A BRIDLE ON HIM, unlesse they themselves with the King shall be without bridle; and then the Subject shall cry out and say, O Lord Iesus Christ doe thou binde their jawes with bit and bridle, &c. A cleare resolution, That the Law, with the Earles and Barons assembled in Parliament, are above the King, and ought to bridle him when he exorbitates from the Law: which he also seconds in some sort, lib. 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes, and after times, that in the great Councell of Basil. Anno 1431. 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 othersk 1.20 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, Nei∣ther 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 their Kingdomes; even so it is not to be doubted but that the Bishop of Rome may be de∣posed by the Church, that is to say, by the generall Councell. At the beginning (as* 1.21 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 beganne to be divided according to the custome of eve∣ry 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 ranne by and by to some good and vertuous man, which shou••d defend the poore from injury, and ordaine Lawes, whereby the rich and poore might dwe••l together. But when as yet under the rule of Kings, the poore were oftentimes oppressed, Lawes were ordained and instituted, the which should judge, neither for hatred nor favour, and give like e••re unto the poore as rich: whereby we understand and know, not only the people, but also the King to be subject to the Law. For if we do see a King to contemne and despise the Lawes, violently rob and spoile his Subjects, deflower Virgins, dishonest Matrons, and doe al things li••entiously and temera∣riously, doe not the Nobles of the Kingdome assemb••e together, deposing him from his King∣dome, set up another in his place, which shall sweare to rule and governe uprightly, and be obedient unto the Lawes? Verily as reason doth perswade, even so doth the use thereof also teach us: It seemeth also agreeable unto reason, that the same should be done in the Church, that is, in the Counce••l, 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, Am∣bassadour 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, beingl 1.22 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 a 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 Laws, 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 usur∣pation upon the Crowne, for a more moderate claime then this amounts to, and

the King or his ill Counsell no ground to expect more moderation and loyalty from Popish then Protestant Parliaments.

Secondly, I answer, that Popish Parliaments, Peeres, and Prelates have hereto∣fore challenged and exercised a greater Jurisdiction over their Kings, then this Par∣liament, 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 Sub∣jects, and making warre against them. This is evident, not onely by the fore-men∣tioned passages of the Councell of Basil, with infinite presidents in foraine Empires and Kingdomes, which I pretermit, but by sundry domesticke examples of which I shall give you a short touch.m 1.23 Anno Dom. 454. King Vortigern, when he had reigned sixe 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, impriso∣ned, and his Sonne Vortimer chosen and crowned King in his stead; After whose untimely death (being poysoned by Rowena) 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 Au••elius, and Vter, as Heavens ministers to execute its wrath. Sigebertn 1.24 King of the West-Saxons, setting aside all Lawes and rules of true piety, wallowing in all sensuall pleasures, and using exactions and cruelties upon his Subjects, and slaying the Earle Cumbra, his most faithfull Counsellour, for admonishing him lovingly of his vicious life: the Peeres and Commons thereupon seeing their State and lives in danger, and their Lawes thus violated, assembl••d all together; and provida omnium 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 forlorne 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 1.25 Osred King of Northumberland, for his ill govern∣ment was expelled by his Subjects, and deprived of all Kingly Authority, Anno 789. So Ethelred, (the sonne of Mollo) his next successor, being revoked from exile and restored to the Crowne, of which he was formerly deprived, thereupon murthering divers of his Nobles and Subjects to secure his Crowne, so farre offended his Sub∣jects thereby, that An. 794. they rose up in Armes against him, and slew him at Cobre. Thusn 1.26 An. 758. the people of the kingdome of Mercia rising up against Beornerd their King, because ••e governed the people not by just Lawes, but tyranny, assem∣bled all together, as well Nobles as ignoble; and Offa, most valiant young man being their Captaine, they expelled him from the kingdome: which done, unani∣mi omnium consensu, by the unanimous consent of all, as well Clergy as People, they Crowned Offa a King.o 1.27 Ceolwulfe King of Mercia, An. 820. after one yeares Reigne, was for his mis••••vernment expulsed by his people, abandoning his Crowne and Country for the ••afety of his life.

p 1.28 Ed••••yn King of Mercia and Northumberland, for his Misgovernment, Tyranny, oppression, following vaine, base, wicked Counsellors, rejecting the advise of the Wisest

and noblest person, was, by the unanimous consent of all his Subjects, removed from all Kingly dignity, and deposed; in whose place Edgar was elected King, An. 957. DEO DICTANTE & annuente populo. Not to m••ntion the story ofq 1.29 Archigallo, one of our ancient British Kings, in times of Paganisme; Who giving himselfe to all dissention and strise, imagining causes against his Nobles, to put them from their goods and dignities, setting up ignoble persons in their places, and plucking away by sinister, wrong∣full meanes from the rich their wealth and goods, by which he enriched himselfe, and im∣poverished his Subjects; was for these his conditions murmured against by his Sub∣jects; who of one assent lastly tooke and deprived him of all Kingly honour and dignity, when he had Reigned almost five yeares, making his Brother Elidurus King of Britaine, by one assent, in the yeare of the world, 4915. Who after five yeares good Reigne, feigning himselfe sicke, assembled the Barons of the Land, and by his discreet words, and bearing loving carriage, Perswaded them to restore Archigallo to his former honour and regalty; and thereupon assembling a Councell of his Britaines at Yorke, caused such meanes to be made to the Commons, that in conclusion he resigned his Crowne to Ar∣chigallo: Who being thus restored to his Crowne by joynt consent of the people, remembred well the evill life that before time he had led, and the punishment hee had suffered for the same. Wherefore for eschewing the like danger, he changed all his old conditions and became a good and righteous man, ministring to the people equity and justice, and bare himselfe so no∣bly towards his Lords and Rulers, that he was beloved and dread of all his Subjects, and so continued during the terme of his naturall life. Nor yet to rememberr 1.30 Emerian, ano∣ther old British King, who for misordering of his people was deposed by them, in the sixth yeare of his reigne, and Ydwallo promoted to the Kingdome; who taught by Emerian his punishment, behaved himselfe justly all the time of his reigne: or any more such pre∣cedents before the Conquest.

We finde thes 1.31 Popish Barons, Prelates, and Commons, disavowing King Iohn, whom they had formerly elected King, for making warre upon them, and wasting, burning and spoyling the Kingdome like an Enemy, and electing Lewis of France for their King, to whom they did homage and fealty: There are none so ignorant but know, that the Popish Prelates, Lords and Commons in Parliament,t 1.32 Anno 1327. deposed King Edward the second their naturall King, for his misgovernment, and following and protecting ill Counsellors, inforcing him by way of comple∣ment to resigne his Crowne, threatning else, that they would never endure him, nor any of his Children, as their Soveraigne, but disclaiming all homage and fealty, would elect some other for King not of his bloud, whom themselves should think most fit and able to defend the kingdome. After which they elected and crowned his son Edward the third for their King. That Anno 1399.u 1.33 King Richard the second, for sundry misdemeanours objected against him in 32. Articles in Parliament, and breach of his Coronation Oath, was judicially deposed by a Popish Parliament, by a de∣finitive sentence of deposition given against him, which you may read at large in our Historians, and Henry the fourth elected and created King in his stead: In both which depositions the Popish Prelates were chiefe actors.x 1.34 Anno 1462. King Hen∣ry the sixth, Queene Margaret and Prince Edward their Sonne were by a popish Parli∣ament disinherited of their right to the Crowne; and Edward the fourth made King: after which King Henry was by another Parliament recrowned, and re-establi∣shed in his kingdome, and Edward the fourth declared a Traytor and usurper of the

Crowne. And not long after, Edward taking King Henry prisoner, and causing him to be murdered in the Tower, another Popish Parliament, Anno 1472. abrogated King Henries Lawes, and re-established King Edward. All this have our Popish Par∣liaments, Prelates, Lords and Commons formerly done, and that rightly and legal∣ly, as they then supposed; which farre transcends the highest straines of pretended incroachments on his Majesties royalties by the present Parliament.

Secondly, our Popish Parliaments, Peeres and Prelates have oft translated the Crown from the right heires, & setled it on others who had no lawful right or title to it, electing and acknowledging them for their onely Soveraigne Lords; in which actions the Popish Prelates and Clergy were commonly the Ring-leaders: witnesse theiry 1.35 electing and crowning of Edward, who was illegitimate, and putting by Ethelred the right heire after Edgars decease, An. 975. Their electing and Crowning Canutus King, a meere forrainer, in opposition to Edmund the right heire to King Ethelred, Anno 1016. Of Harold and Hardiknute, both elected and crowned Kings successively without title, Edmund and Alfred the right heires being dispossessed, and the latter imprisoned a••d tortured to death, Anno 1036. and 1040. yet after Hardi∣knutes decease Edward (surnamed the Confessor) was chosen King by consent of Par∣liament. And the English Nobilities, upon the death of King Harold, enacted, That none of the Danish bloud should any more reigne over them. After this Kings death, Ed∣gar Etheling who had best title, was rejected, and Harold elected and crowned King: so after William the Conquerors decease, Anno 1087. Robert the elder brother was pretermitted, and William Rufus the younger brother crowned and established in the Throne: After whose death Henry the first, his younger brother (though not next heire) was elected King by the Clergy, Nobles and Commons, (who refused to admit of any King but with capitulations and caveats to their owne liking) upon faire promises for reforming bad and rigorous Lawes, remission of Taxes exacted on the Subjects, and punish∣ment of the chiefe causers of them, and a solemne Oath to frame good Lawes, and ratifie Saint Edwards Lawes; all which he really performed. So after the death of Richard the first, Iohn Earle of Morton was established and crowned King, and his Nephew Arthur, the right heire, disinherited. And he dying, his sonne Henry the third was elected and crowned, and Lewis (made King in his fathers life by the Barons) remo∣ved. The like we finde in the case of K. Henry 4. K. Edw. 4. and Richard the third, made Kings by Acts of Parliament, by our Popish Prelates and Nobles with the Commons consent, upon unlawfull or doubtfull Titles, by way of usurpation, and the right hereditary line put by. Such a transcendent power and jurisdiction as this to disinherit the right heire and transferre the Crowne to whom they thought meetest, neither the present nor any other Protestant Parliaments, Peeres or Sub∣jects ever exercised, though Popish Parliaments, Prelates, Lords, and Commons have thus frequently done it; of which you may reade more in 25 H. 8. c. 22. 26 H. 8. c. 12. 28 H. 8. c. 7. 35 H. 8. c. 1. and other Acts hereafter cited.

Thirdly, the Lords and Commons in times of Popery have sent out Writs and summoned Parliaments in the Kings name, and forced the King to call a Parliament without and against his full consent. Thus Anno 1214.z 1.36 the Barons petitioned Kings Iohn to confirme Magna Charta and their Liberties tendered to him; who ha∣ving heard them read, in great indignation asked; Why the Barons did not likewise demand the Kingdome? and swore, that he would never grant those Liberties whereby

himselfe should be made a servant: So harsh a thing is it (writes Daniel) to a power that hath once gotten out into the wide liberty of his will, to heare againe of any reducing within his circle: not considering, how those who inherit Offices succeed in the Obligation of them, and that the most certaine meanes to preserve unto a King his kingdome, is to possesse them with the same conditions that he hath inherited them. The Barons hereup∣on raise a great Army at Stamford, wherein were 2000. Knights besides Esquires, constituting Robert Fitz-Walter their Generall, intituling him, the Marshall of the Army of God and holy Church; seize upon the Kings Castles: and the Londoners sending them a privie message to joyne with them, and deliver up the City to be guided by their discretion: thither they repaire, and are joyfully received under pact of their indempnity. After which they sent Letters to the Earles, Barons, and Knights throughout England, who seemed (although fainedly) to adhere to the King, exhorting them with a commination, that as they loved the indemnity of their goods and possessions, they should desert a perjured King, and that adhering faithfully to them, they should with them stand immovably, and effectually contend for the Liberties and peace of the kingdome. which if they contemned to doe, they would with Armes and Banners displayed, march against them as publike enemies, subvert their Castles, burne their houses, and edifices, and not cease to destroy their Ponds, Parkes, and Orchards: Whereupon all the Lords, Knights, and people deserting the King, who had scarce seven Knights in all left with him, confederated themselves to the Barons. The King seeing himselfe generally forsaken, counterfeits the Seales of the Bishops, and writes in their names to all Nations; that the English were all turned Apostates, and whosoever would come to invade them, he, by the Popes consent, would conferre upon them al their lands and posses∣sions. But this devise working no effect in regard of the little credit they gave to and con∣fidence they had in the King, the truth being knowne, all men detested such wickednesses and forgeries, and so the King fell into his owne snares; Hereupon the King fearing the Barons would take all his Castles without any obstacle, though he conceived an inexorable hatred a∣gainst them in his heart, yet he craftily dissembled, that he would make peace with them for the present; ut cum furtim surrexisset, in dissipata agmina acrius se vindicaret; & qui in omnes non poterat, in singulos desaeviret. Wherefore sending William Marshall Earle of Pembroke to them, with other credible messengers, he certified them, that for the good of peace, and the exaltation and honour of his kingdome, he would gladly grant them the Lawes and Liberties they desired; commanding the Lords by the same messengers that they should provide a fit day and place, where they might meete and prosecute all these things: Who related all these things deceitfully imposed on them, without fraud to the Barons at London; who appointed the King a day to come and conferre with them in a Meade betweene Stanes and Windsor, called Running-meade; on the 15. day of Iune. Where both parties meeting at the day, and conferring, the King perceiving his forces too weake for the Barons, who were innumerable, easily granted their subscribed Lawes and Liberties without difficulty, and confirmed them with his Charter, Hand, Seale, Oath, Proclamations, and other assurances, which you shall heare anon: This meeting Daniel and others stile a Parliament (as well as that ata 1.37 Clarindon and other assemblies in the open field) the great Charter being therein first confirmed; which Parliament the King by force of Armes was constrained to summon. Sob 1.38 Anno Dom. 1225. King Henry the third cancelling the Charter of the Forest at Oxford, pretending that he was under age when he sealed and granted it at first, and so a ••••llity: Hereupon the Barons confede∣rate

by Oath, and put themselves in Armes at Stamford, from whence they sent to the King, requiring him to make restitution without delay of the Liberties of the Forests lately cancelled at Oxford, otherwise they would compell him thereto with the sword; to avoyd which danger he was enforced to summon a Parliament at Northampton, where a concord was concluded on all hands, Anno 1226. and so the Parliament brake up,c 1.39 Anno 1237. Henry the third incensing his Nobility and generally all his Subjects, by his enter∣tainment of Forainers by whom he was ruled, by marrying his sister Elianor to Si∣mon de Monfort a banished Frenchman, and his oppressions, contrary to his Oath and promise in Parl. that year, put them into a new commotion, who thereupon made a harsh Remonstrance of their grievances to him, by his brother Richard, by means whereof the King was forced to call a Parliament at London Anno 1238. whither the Lords came armed to constraine the King (if he refused) to the reformation of his cour∣ses. d 1.40 Anno 1250. King Henry is againe enforced by the Barons and 24 Peeres to call a Parliament at Oxford and at London against his will, and to assent to ordinances therein made: And Anno 1264. he was likewise constrained to call two other Parlia∣ments at London, and to assent to the new Ordinances therein proposed, which he did onely to get time and circumvent the Barons.e 1.41 Anno Dom. 1310. and 1311. King Edward the second was in a manner constrained at the instant supplication of his Nobles to summon a Parliament, and to banish his Minion Pierce Gaveston a∣gainst his will.f 1.42 In the 14. and 15. yeares of this King, the Barons raising an Ar∣my by force of Armes compelled him to summon a Parliament at Westminster, and to passe an Act for the banishment of these two great Favorites the Spensers who miscounselled and seduced him, and oppressed his people.g 1.43 And in the last yeare of this Kings reigne, his Popish Prelates, Nobles, and Commons, taking him prisoner, summoned a Parliament in his name much against his will: wherein for his mis∣government, they enforced him to resigne his Crowne; deposed him, renounced their allegiance to him, and set up his sonne King Edward the third in his Throne; as you may reade at large in Walsingham, Polychronicon, Caxton, Fabian, Grafton, Hol∣linshead, Speed, Stow, Howes, Daniel, Mr. Fox, and others who have written the Hi∣story of his life. In the yeare 1341. (the 15. of Edward the third his reigne) the Popish Lords, Prelates, and Commons in Ireland, summoned a Parliament there by their owne authority, without, and against the Kings or Deputies consents; wherein they framed divers Questions and Articles against the Kings Ministers there imployed, (which the Irishh 1.44 Annals record at large) refusing to appeare at the Parliament there summoned by the Kings authority and Officers. I reade in the Statute of 21 R. 2. c. 12. (and our i 1.45 Historians have a touch of it.) That the Duke of Glocester, and the Earles of A∣rundel and Warwicke assembled forcibly and in great number at Harengy, and so came in such manner forcibly to the Kings Palace at Westminster, arraied in manner of marre, that the King might not then resist them without great perill of his body and destruction of his people: so that by coertion and compulsion the said Duke and Earles made the King to summon a Parliament at Westminster the morrow after the Purification of our L••dy, the eleventh yeare of his reigne: Which Parliament so begunne, the said Duke and Earles in such forcible manner continued; and in the same did give many and divers judgements, as well of death of man as otherwise, upon divers of the Kings liege people, and did give judgement of forfeitures of lands, tenements, goods, and cattels, whereof they be convict of high Treason; and also for certaine questions, which were demanded by the King touching

his estate and regality, of certaine of his Iudges, then at Notingham the same yeare. And for their answers of the same, given to the King upon the same questions, the same Iustices were forejudged of their lives, and judgement given against them of forfaiting their Lands, Goods, and Chattels; and the said Duke and Earles made divers Statutes and Ordinances in that Parliament at their will, the summons whereof was made expressely against the right of the Kings Crowne, and contrary to the Liberty and Franchese of his person and Royall estate: Whereupon it was by this packed over-awed Parliament, and Act, annulled, revoked, and holden as none; as a thing done without Authority, and against the will and liberty of the King, and the right of his Crown. Yet it continued in full force for 10. yeares space, during which time there were 8 Parliaments held which would not re∣peale it: and by the Parliament in 1 H. 4. c. 3, 4. this Parliament of 21 R. 2. was repealed, with all the circumstances, and dependants thereof; the Parliament and Statutes of 11 R. 2. Revived, and enacted to be firmely holden and kept after the purport and effect of the same, as a thing made for the great honour and common profit of this Realme. After this in the 23 yeare of King Richard the third, when he had yeelded himselfe prisoner to Henry Duke of Lancaster; the Duke comming with him to London, sent outk 1.46 sum∣mons for a Parliament to be holden the last of September, in the Kings name, (sore against his will) and enforced him first to resigne his Crowne unto him, and afterwards caused him to bee judicially and solemnely deposed by consent of all the States of the Realme in Parliament, for certaine abuses in his Government objected against him; The whole manner of which resignation, deprivation, and proceedings, you may reade at large in our Histories.

These Popish Prelates, Lords and Commons, enforcing their Kings to summon all these Parliaments, (with others which I pretermit) might seeme to have some legall colour from the ancient Law of King Alfred; who in an assembly of Parlia∣ment l 1.47 Enacted this for a perpetuall Custome: That a Parliament should be called to∣gether at London TWICE EVERY YEARE, OR OFTNER, in time of Peace, to keepe the people of God from sin, that they might live in peace, and receive right by certaine usages and holy judgements And from the Statutes of 4 E. 3. c. 4. & 36 E. 3. c. 10. (backing this ancient Law) which enact: That for the maintenance of the Lawes and Statutes, and redresse of divers mischiefes and grievances which daily happen, a Par∣liament shall be holden EVERY YEARE ONCE, and MORE OFTEN IF NEED BE. Now these Lawes would have beene meerely voyd and ineffe∣ctual, if these Kings, who were obliged by their Coronation Oathes to observe them, refusing to call a Parliament as often as there was need, or at least once every yeare, according to the purport of these Lawes, might not be constrained by their Nobles, Prelates, people to summon them, in case they peremptorily refused to call them of their owne accords, or upon the motion or petition of their Counsell, Lords and Commons. Whereupon in the Bill newly passed this Session, for a Trienniall Parliament, for time to come, there is speciall provision made how the Parliament shall be summoned and convented by the Lords, Commons, and great Officers of the Realme, themselves, without the Kings concurrent assent, (though by his Writ and in his name) in case of his neglect or wilfull refusall to summon one within that time.

Neither is this a thing unusuall in other parts. In them 1.48 Generall Councell of Nice An. 363. Canon 5. it was decreed; That a Councell should be held TWICE EVE∣RY

YEARE in every Province to regulate the affaires and abuses of the Church. The n 1.49 Councell of Antioch, Can. 20. appoints two Councels to be held every yeare in every Pro∣vince, the one the third weeke after Easter, the other upon the 15. of October: to heare and de∣termine all Ecclesiasticall causes and controversies. And in the 1.o 1.50 Councell of Constan∣tinople, Can. 3. The Councell of Africke, Can. 18. Pope Leo the first, in his Decretall Epistles, Epist. 4. c. 17. The Counsell of Chalcedon, Can. 19. the third Counsell of Toledo under King Reccaredus, An. 600. cap. 18. the fourth Counsell of Toledo, un∣der King Sisenandus, An. 681. The Greeke Synods, Collected by Martin Bishop of Bracara, cap. 18. the second Counsell of Aurelia, Can. 2. the third at the same place Can. 1. and the fourth, Can. 37. the second Synod of Towres, Can. 1. the fifth Counsell of Aurelia, cap. 22. the Counsell at Hereford, under King Egfred, An. 670. in Beda's Ecclesiast. Hist. l. 4. t. 5. Pope Gregory the first in his Decretall Epistles, lib. 7. Registri, Epist. 110. the sixt Counsell of Constantinople, Can. 8. the Counsell of Antricum, Can. 7. the Counsell of Maseon, Can. 20.p 1.51 Pope Gregory the third his Decretall Epistles. The Synod of Suessons, under King Childeric, the Counsell un∣der King Pepin, at the Palace of Vernis, An. 755. cap. 4. The Counsell of Paris, un∣der Lewis, and Lothaire, An. 829. l. 3. cap. 11. The Counsell of Melden, An. 845. cap. 32. With sundry other Counsells, decree, that a Synod or Counsell shall be kept twice (or at the least once) every yeare, at a certaine time and place in every Province; that all Bi∣shops and others, unlesse hindered by sicknesse, or other inevitable occasions, should be present at it, and not depart from it till all businesses were ended, and the Counsell determined, under paine of excommunication; that Kings by their mandates should not interrupt these Coun∣sells, nor keepe backe any Members from them. And to the end they might be the more duely observed without interruption for want of a new Summons; they likewise decreed;

That before the Counsels determined, they should still appoint both the day and place, when and where the next Counsell should assemble, of which every one was to take notice, and to appeare there at his perill, under paine of excommunication and other censure, without any new citation.

Yea, the Great q 1.52 Counsell of Basil, An. 1431. Session 15. provides and decrees;

That in every Province an annuall, or at least a bienniall or trienniall Counsell at farthest, shall be kept at a set time and place, where none should faile to meet under paine of for∣faiting halfe their annuall Revenues; And if the Metropolitan, without lawfull impediment, should neglect to summon such Counsels at the times appointed; he should for his first default forfait the moity of his Revenues; and if within three moneths after he neglected to summon the said Counsell, then he was to be suspen∣ded from all his Offices and Benefices, and the ancientest, or most eminent Bishop in the Province in his default, or any other that by custome ought to doe it, was to supply his neglect in assembling and holding the Counsell.

As it was thus in summoning Counsels, for the government of the Church, and Ecclesiasticall affaires: (many of which Counsels, as is evident byr 1.53 divers Saxon, British, Spanish, French Counsels, were no other but Parliaments, wherein the King and all temporall estates assembled, and sate in Counsell as well as the Prelates and Clergie, as they did as well in generall, as in Nationall and Provinciall Counsels;) so likewise in calling Diets, Parliaments, and General Assemblies of the Estates, for setling and ordering the Civill affaires of King∣domes. Not to mention the power of assembling the Roman Senate, residing prin∣cipally in the Consuls, ass 1.54 Bodin proves at large.

In thet 1.55 kingdome of Aragon in Spaine, of ancient times by an ancient statute of that Kingdome,

a Parliament or generall assembly of the States was to assemble at a set time and place, once every yeare at least, and of later times by other Lawes, once every second yeare. Neither can the King of Aragon hinder or adjourne this Assembly above forty dayes at most, nor adjourne or dissolve it when met, but BY THE GENERALL CONSENT OF ALL THE COURT. And during the Interregnum, when there is no King, the Estates themselves have power to assemble and make Lawes, not onely to binde themselves, but the suc∣ceeding King: As they may likewise doe in Hungary; where theu 1.56 Grand Pa∣latine (elected by the Estates of Hungary alwayes in their Parliament, not the King) during the Interregnum hath power to call a Parliament or generall assembly of the States of Hungary, to make obligatory Lawes, as well to succeeding Kings as to the kingdome.

* 1.57 Hieronymus Blanca recites this Law of King Iames of Aragon, for altering their Annuall into a Bienniall Parliament. Cum in Curiis, quas Reges suis subditis celebrant, ea quae sunt ad conservationem pacis, ac justitiae, & Statum pacificum Regni, & Regimen subditorum, & ad tuitionem & augmentum Reipub: ordinent & disponant: Nos Jacobus Dei Gratia Aragonum Rex, Licet jam per illustrissimum Dominum Regem Petrum, re∣colendae memo••iae patrem nostrum, statutum fuisset in favorem Aragonensium; Quod ipse & sui Successores QUOLIBET ANNO eis euriam celebraret in Civitate Caesar-Augustae, quod etiam statutum fuit per Dominum Regem Alfonsum clarae memoriae fratrem nos••rum, & per nos postmodum confirmatum. Nunc vero attendentes ad Communem utilita∣tem totius Regni Aragonum, quia loca ubi Curiae celebrantur, propter congregationem gentium magnum suscipiant incrementum; DE VOLUNTATE & ASSEN∣SU Praelatorum, Religiosorum, Baronum, Mesnaderiorum, Militum, & Procuratorum Civitatum, Villarum, & Villariorum Aragonum, in hac Curia congregatorum: Statui∣mus, & perpetuo ordinamus, Quod de caetero nos & successores nostri faciamus, & ce∣lebremus Curiam generalem Aragonum DE BIENNIO IN BIENNI∣UM, in Festo omnium Sanctorum, in quacunque Civitate, V••lla, vel Villario Arago∣num, ubi nobis, & successoribus nostris melius fuerit visum expedire; non obstantibus sta∣tuto & ordinationibus praelibatis. In aliis vero, Privilegio generali Aragonum, & Foris per nos jam editis, in suo robore duraturis. Et haec Iuramus per nos & successores nostros perpetuo observare. Et Praelati & Religiosi, qui in dicta Curia erant, haec firmarunt, & Ba∣rones, Mesnadarii, Milites, & Procuratores Civitatum, Villarum, & Villariorum simi∣liter Iurarunt. Which Law was afterwards somewhat altered, restraining these Parliaments to some Townes of great Receit. And concerning the forme of their Parliaments and their Kings power to adjourne them, or not adjourne them, he writes thus. In Comitiis Respub: nostra quasi integrum quoddam fingitur corpus: cu∣jus caput, censetur Rex: truncus vero corporis, ac membra in eo locata, ipsi Ordines; Iusti∣tia autem Aragonum, collum, quod utrumque conjungit, & corporis, & eapitis faucibus adhaerescit. Ad nostra igitur comitia hi quatuor Ordines evocandi sunt. Evocantur autem singulatim per literas, quas apellamus, las Cartas dellamamiento. In his a Regibus propo∣nitu•• ratio consilii, quo ductus Comitia habenda decreverit; tum ipsorum Comitiorum dici∣tur dies, ac opportunus designatur locus. De eujus mutatione, anfieri possit, ab eodem Mo∣lino haec traduntur. Si in aliquo loco sunt semel convocatae Curiae generales, & inceptae, NON POTEST ILLAS MUTARE seu continuare dominus Rex ad

alium locum Regni, NISI TOTA CURIA GENERALI CONSEN∣TIENTE. Et idem paulo post. Tamen si Curiae generales nondum sunt integre con∣gregatae, seu inceptae; tunc Dominus Rex, etiam sine Curia potest illas mandare continuari ad alium locum sibi bene visum. Et ista continuatio fiet per justitiam Aragonum, seu ejus Lo••um tenentem. Quibus poterit Dominus Rex mandare, quod illas continuent ad locum do∣mino Regi bene visum. Ius est autem; Ne comitia nostra ultra quadraginta dies possunt differri.

* 1.58 The Estates and Parliaments generall of France, under the Kings of the second Line, met and held but twice in the yeare only, according to the Testimony of Hincmarus Arch∣bishop of Reimes, drawne from the Narration of the Abbot of Corbie Alard, who lived in the time of Charlemayne; under the Reigne of King Lewis, called Sanctus, when France was in her flourishing Estate, and the Princes and Lords were of souple nature, ranking with the termes of duty and obedience, the Parliaments were ru∣led and assured at certaine seasons of the yeare. For in times of Peace foure Parlia∣ments were holden yearely, or three at the least. And the same was used under the Reigne of his Sonne Philip the Hardy, Third of the name. In the time of Philip de Bel. his Sonne, King of France and Navarre, they were reduced to two Parliaments yearely according to the ancient custome; One in Winter, and the other in Sum∣mer during Peace; and but one in Winter during Warre. (It appeareth neverthe∣lesse by the Registers of the Court, that by hinderance of warre against the Rebelli∣ous Flemmings, there was not any Parliament during some yeares;) And the King by his Ordinance, dated the Munday after Mid-lent, An. 1302. (set downe in the Register of ancient Orders of Parliament, fol. 45.) Willed, that for the commodity of his Subjects there should be every yeare two Parliaments at Paris, and in other Provinces; as Andrew Favin Records: By which it is apparent, that Parliaments in France, Spaine, and other kingdomes, were not arbitrarily called at the Kings free pleasures as sel∣dome as they pleased, but frequently summoned every yeare, once, twice, or more, at certaine seasons, publike Acts of Parliament, for the better government of these Realmes, redresse of grievances, and preservation of the peoples Liberties against all royall encroachments on them.

In Germany, though Diets and Assemblies of the States be commonly made by the Emperours, and in their names; yet, we find that the Princes Electors, and Estates have assembled, not onely without, but against the Emperours consents, when they saw good cause; and not onely questioned, but deposed their Emperours, and elect∣ed new in their steads, of which there are sundry precedents in the lives ofx 1.59 Lu∣dovicus pius, Henry the 1, 4, 5, 6, 7. Frederickes Barbarossa, Charles the Grosse, Wince∣slaus, Philip, Otho the fourth, Ludovicus Bavarus, and others. In this regard there∣fore of forcing Kings to summon Parliaments (so frequent with Popish Prelates, Peeres, Subjects, both in our owne and other Realmes) our present Protestant Par∣liament, and all others, since the Reformation, have beene more moderate and du∣tifull, then those in times of Popery heretofore; or then the Popish Rebels in Ire∣land are now;y 1.60 who have lately at Kilkenny held a kinde of Parliament, erected new Lawes, and Officers of Iustice, enacted new Lawes and Ordinances, as well Civill and crimi∣nall as Martiall, and done as much herein without the Kings assent or Commission, as our King and Parliament could doe, if conjoyned.

Fourthly, Our Popish Barons, Prelates and Commons, have refused to meete in Par∣liament

when the King hath summoned them by his Writ.z 1.61 An. Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Ox∣ford, (where the King now resides;) but they all joyntly sent him an expresse message that they would not come upon his summons, for that the Kings person went guar∣ded with Poictovines, and other strangers, who swayed and miscounselled him (as ill Counsellors doe now the King) so as they could not there appeare with safety: at which message the King grew very angry, resolving that they should be once, twice and thrice summoned to appeare: Whereupon Roger Bacon, who usually preached before the King, freely told him, That if he did not remove from him Peter Bi∣shop of Winchestor, and Peter de Rivallis (his malignant Counsellors) he could never be quiet: And Roger Bacon a Clergy man also of a pleasant wit, seconding Roberts advise, told the King, that Petrae and Rupes were most dangerous things at Sea, alluding to the Bishops name, Petrus de Rupibus. The King hereupon comming a little to himselfe, and taking that good advise of* 1.62 Schollers which he would not of his Peeres, sum∣mons another Parliament to be holden at Westminster, giving the world to know withall, that his purpose was, to amend by their advise whatsoever was to be amended. But the Barons considering, that still there arrived more and more strangers, men of warre, with Horse and Armes (as now alas we see they doe) and not trusting the Peicto∣vine Faith (as we have now cause to mistrust the perfidious papists, and malignant Cavaliers) and seeing no footsteps of peace (our present condition) refused to come at the appointed day; sending the King word by solemne Messengers, that he should without any delay remove Peter Bishop of Winchester, and the other Poictovines out of his Court, which if he refu••ed, they all of them by the common consent of the whole kingdome, would drive him, with his wicked Counsellors, out of the Kingdome, and consult about creating a new King. These things thus acted, the King was much dejected in mind, and all his Court too, hanging downe their heads, and fearing not a little, lest the errors of the Sonne should become worse then the Fathers errors, whom his Subjects indea∣vouring to depose from his Royall Throne, almost detruded him to that name, which was given him by a certaine presage; Iohn the Banished: Wherefore he could easily have beene drawne to redeeme the love of his naturall Liegemen, with the dis∣grace of a few strangers.

But the Bishop of Winchester, with other his ill Counsellors, and Poictovine Cava∣liers, counselled him to take up Armes against his rebellious Subjects, as they stiled them, and to give their Castles and Lands to them, who would defend him and the kingdome of England from these Traytors, (The Counsell now given to his Majesty, by his ill Counsellours and Cavaliers:) hereupon the King inclining to the worser part, rai∣seth an Army of Poictovine, & foraine Souldiers, which came to him being sent for out of Flanders, (from whence the King now hath many old Souldiers, and Comman∣ders sent him) seiseth a Manour of Guilbert Bassets, a Noble man, given him by King Iohn, calling him Traytor when he demanded it; sets downe a day, wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty; and being at Glocester with his Army,) whither the Lords refused to come, being required, (the King thereupon, as if they were Traytors, burnes their Manors, destroyes their Parkes and Ponds, besiegeth their Castles, and without the judgement of his Court, and of their Peeres, denounceth them exiles and banished men, gives their Lands to the Poictovines, and adding griefe to griefe, wound to wound, commanded their bo∣dies

to be apprehended where ever they were within the kingdom: he likewise sends a defiance to the Earle Marshall, whose Lands he had wasted, who thereupon un∣derstood himselfe discharged of that obligation by which he was tyed to the King, and free to make his defence; Whereupon, he seeing neither* 1.63 Faith, nor Oath, nor Peace to be kept by the King, or his ill Counsellours, who contrary to their promise and Oath, refused to deliver up his Castle, which they promised to render to him, upon demand; he raiseth a great Army, and takes his Castle. On this the King upon better consideration, did againe promise and affirme; That by advise of his great Councell, all that was amisse should be rectified and amended; And at the day and place appointed, he holds a great conference with the Lords; But the evill Coun∣sellers he followed, suffered him not to make good his promise. For when divers there present, greatly in the Kings favour, with sundry Preachers and Fryers, whom the King was wont to reverence and hearken to, Humbly beseeched, and earnestly exhor∣ted the King to make peace with his Barons and Nobles, and to embrace them with due affection,* 1.64 being his naturall Subjects, whom without any judgement by their Peeres he had banished, destroying their Manours, Woods, Parkes, Ponds; and being led and seduced by evill Counsels, lesse regarded his faithfull Subjects, (whose na∣tive blood would not permit them to bow downe) than Forainers; and which is worse, called them Traytors, by whom he ought to settle the peace, order the Coun∣sels, and dispose the affaires of his kingdome: The Bishop of Winchester (offended it seemes at Peeres) takes the word out of the Kings mouth, and answers; That there are not Peeres in England, as in the Realme of France; and that therefore the King of England, by such Iusticiars as himselfe pleaseth to ordaine, may banish any offenders out of the Realme, and by judiciall processe condemne them. Which insolent speech the English Bi∣shops relished so harshly, that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellers; of whom Winchester being the foreman, appealed; whereupon they accursed (and I would our Bishops would doe so now, if the God-dam-me Cavaliers accurse not themselves sufficiently) all such as alienated the heart of the King from his Subjects, and all others that perturbed the peace of the Realme; and so the hoped Accomodation vani∣shed into greater discontents. Hereupon the Earle Marshall and other Lords with their Forces, fell pell mell upon the Kings Army, slew divers of his Forrainers; and in conclusion drew him to such straits, that enforced him to be capable of better ad∣vise: Then Edmund Arch-Bishop of Canterbury elect, with other suffragan Bishops, bewailing the estate of the kingdome, presented themselves before the King at West∣minster, telling him as his loyall liegeman (and O that some Bishop or faithfull per∣son, if there be any such about his Majesty, would now deale thus clearely with him, touching his evill Counsellors!)

That the Counsell of Peter Bishop of Win∣chester, and his complices, which now he had and used, was not sound nor safe, but evill and dangerous to himselfe and his Realme: First, for that they hated and despised the English, calling them Traytors, turning the Kings heart from the love of the people, and the hearts of the people from him, as in the Earle Mar∣shall, whom (being one of the worthiest men of the Land) by sowing false tales they drave into discontentment. Secondly, that by the Counsell of the said Peter, his Father King Iohn, first lost the hearts of his people, then Normandy, then other lands, and finally wasted all his treasure, and almost England also, and never after

had quiet. Thirdly, that if the Subjects had now beene handled according to Justice and law, & not by their ungodly Counsels, these present troubles had not hapned, but the Kings lands had remained undestroyed, his treasure unexhausted. Fourthly, that the Kings Councell is not the Councell of peace but of perturbation, because they that cannot raise themselves by peace, must raise themselves by the troubles & dis-inherison of others. Fifthly, that they had the Treasure, Castles, Wardships, and strength of the kingdome in their hands, which they insolently abused, to the great hazard of the whole estate, for that they made no conscience of an Oath, Law, Justice, or the Churches censures. Therefore we, O King, speake of these things faithfully unto you, in the presence of God and man, and doe counsell, beseech and admonish you, to remove such a Councell from about you; and (as it is the usage in other Realmes) governe yours by the faithfull and sworne chil∣dren thereof. To which the King in briefe answered; That he could not suddainely put off his Councell, and therefore prayed a short respite.* 1.65 Nothing had hither∣to preserved the King more, Than that he could without griefe forgoe any favorites, if he were nearely pressed; the contrary quality whereof hath beene the cause of finall desolation to so many Princes. For though choyce of Counsellers be for the most part free, yet by common intendment they should be good; or how ever they are, or are not; it is madnesse to hazard a Crowne, or lose the love of a whole Nation, rather than to relinquish or diminish a particular dependance, for which the publique must not be hazarded, nor subverted; The King therefore, in this point not infortunate, commands Bishop Peter from his Court, to keepe residence at his Cure, without once medling in State affaires, removes all his evill Coun∣sellors, deprives them of their Offices, and puts good men in their places, and commands all Poictovians and Foraine Forces to depart the Realme, receives all his Nobles unto favour, restoring them to their lost Offices, Lands, Castles, admits them into his Court and Councell; puts all his ill Counsellours, and Delinquent Officers to their legall trials and fines. And for Peter Rivales, his Treasurer, he was so incensed against him for his ill Counsell, that he sware he would plucke out his eyes, were it not for reverence of his holy Orders.

And at his Arraign∣ment at Westminster the King sitting in person with his Justices upon the Bench, and shooting Rivales through with an angry eye, spake thus to him.

O thou Traytor, by thy wicked advise, I was drawne to set my Seale to those Treache∣rous Letters, for the destruction of the Earle Marshall, the contents whereof were to me unknowne; and by thine and such like Counsell, I banished my naturall Subjects, and turned their mindes and hearts from me. By thy bad counsell and thy complices, I was moved to make warre upon them to my irreparable losse, and the dishonour of my Realme, in which enterprise I wasted my Treasure, and lost many worthy persons, together with much of my Royall respect. Therefore, I exact of thee an accompt, and thou shalt be carryed to the Tower of London, to deliberate till I am satisfied.

And thus were these civill warres and differences reconciled, ill Counsellors removed, enormities reformed, Delinquents punished, (not without reducing store of coyne to the King) and peace established in the king∣dome. Which History, I have more largely recited, because most of its passages are Parallel to the Kings, and his evill Counsellors present proceedings, on the one hand, and to the Parliaments in some sort, on the other hand in the premises; and I

doubt not but they will prove parallels in the conclusion, to the terrour and just pu∣nishment of all ill counsellors, Cavalieres, and Delinquents, the contentment of all good Subjects joy, and re-establishment of our peace in truth and righteousnesse.

To end the point proposed;* 1.66 Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London; But many of the Lords refused to come, pre∣tending causes and impediments, by which their absence might well be excused, and so this Parliament tooke no effect, and nothing was done therein. In this particular then Popish Prelates, Lords and Commons, have exceeded Protestants in this, or any other Par∣liament.

Fifthly, Popish Parliaments, Prelates, Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes, Liberties, Charters, Priviledges, with their Seales, Oathes, Proclamations, the Popes Buls, Prelates Excommunications; and to passe, confirme, or repeale Acts of Parliament against their wils. Thus the Barons, Pre∣lates, and Commons, by open warre and Armes enforced botha 1.67 King Iohn, and King Henry the third, to confirme Magna Charta, and Charta de Foresta (both in and out of Parliament) sundry times with their hands, Seales, Oathes, Proclamations, and their Bishops Excommunications, taking a solemne Oath one after another at Saint Edmonds, upon the High Altar, 1214. That if King John should refuse to grant these Lawes and Liberties, they would wage warre against him so long, and withdraw themselves from their Allegiance to him, untill he should confirme to them by a Charter ratified with his Scale, all things which they required: And that if the King should afterwards peradventure recede from his owne Oath, as they verily beleeved he would, by reason of his double dealing, they would forthwith, by seizing on his Castles, compell him to give satis∣faction; Which they accordingly performed, as our Histories at large relate. Yea, when they had enforced Kingb 1.68 Iohn thus to ratifie these Charters, for the better maintenance of them, they elected 25. Barons to be the Conservators of their Pri∣viledges, who by the Kings appointment (though much against his liking, as after∣wards appeared) tooke an Oath upon their Soules, that with all diligence they would observe these Charters, & Regem cogerent; and would COMPELL THE KING, if he should chance to repent, to observe them; All the rest of the Lords and Barons, then likewise taking another Oath, to obey the commands of the 25. Barons.

After thisc 1.69 Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford, whither the Lords came armed with great Troopes of men for feare of the Poictovines, to prevent treachery and civill warres, and the Kings bringing in of Foraine force, against his naturall Subjects; to which end they caused the Sea-ports to be shut up, and guarded. The Parliament being begun, the Lords propounded sundry Articles to the King, which they had immutably resolved on, to which they requi∣red his assent. The chiefe points whereof were these: That the King should firmely keepe and conserve the Charter and Liberties of England, which King John his Father made, granted, and ratified with an Oath, and which himselfe had so often granted, and sworn to maintaine inviolable, and caused all the infringers of it, to be horribly excommuni∣cated by all the Bishops of England, in his owne presence, and of all his Barons; and him∣selfe was one of the Excommunicators. That such a one should be made their Chiefe Iustice, who would judge according to Right, without respect to poore or rich. With other things concerning the kingdome, to the common utility, peace, and honour of the King and kingdome.

To these their necessary Counsels and provisions, they did frequently, and most constantly, by way of advice, desire the King to condescend, swearing and giving their mutuall Faith and hands one to another; That they would not desist to pro∣secute their purpose, neither for losse of money or Lands, nor love, nor hate; no nor yet for life or death of them or theirs; till they had cleared England (to which they and their forefathers were borne) from upstarts and aliens, and procured lau∣dable Lawes. The King hearing this, and that they came exquisitely armed that so he and his aliens might be enforced, if they would not willingly assent, tooke his corporall Oath (and his Sonne Prince Edward also) that he would submit to their Counsels, and all those their Ordinances, for feare of perpetuall imprisonment; The Lords having by an Edict, threatned death to all that resisted: Which done, all the Peeres and Prelates took their Oath; To be faithfull to this their Ordinance; and made all who would abide in the Kingdome, to swear they would stand to the triall of their Peeres; the Arch-Bishops and Bishops solemnely accursing all that should rebell against it. And Richard King of Romans, the Kings younger brother comming soone after into England to visit the King and his own Lands, thed 1.70 Barons enforced him (according to his promise sent them in writing before his arrivall) to take this Oath, as soone as he landed, in the Chapter-house at Canterbury. Hear all men that I Ri∣chard Earle of Cornewal, swear upon the holy Gospels, to be faithfull and forward to reforme with you the Kingdome of England, hitherto by the Counsell of wicked men so much deformed. And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same. This Oath will I observe under paine to forfeit all my Lands I have in England.

To such a high straine as this, did these Popish Parliaments, Prelates, Peeres, and Commons scrue up their jurisdictions, to preserve themselves and the kingdome from slavery and desolation; whom Matthew Paris his continuer, for this service stiles,e 1.71 Angliae Reipublicae Zelatores: the Zelots of the English Republicke. Neither is this their example singular, but backed with other precedents. In the second and third yeares of King Edward the second,f 1.72 Piers Gaves••on his great, proud, inso∣lent, covetous, unworthy Favorite, miscounselling and seducing the young King, (from whom he had been banished by his Father) & swaying all things at his plea∣sure, the Peers and Nobles of the Realme, seeing themselves contemned, and that foraine upstart preferred before them all, came to the King, and humbly entreated him, That he would manage the Affaires of his Kingdome, by the Counsels of his Barons, by whom he might not onely become more cautious, but more safe from incumbent dangers; the King Voce tenus, consented to them, and at their instance summoned a Parliament at London, to which he commanded all that ought to be present, to repaire. Where, upon serious debate, they earnestly demanded of the King, free liberty for the Barons to compose certaine Articles profitable to himselfe, to his kingdome, and to the Church of England: The King imagining that they would order Piers to be banished, a long time denied to grant their demand, but at last, at the importunate instance of them all, he gave his assent, and swore he would ratifie, and observe what ever the Nobles should ordaine: The Articles being drawne up, and agreed by common consent, they propounded them to the King; and by their importunity, much against his well-liking, caused him to ratifie them with his Seale, and to take his corporall Oath, to observe them: Which done, the Arch-bishop of Canterbury with his Suffragans, solemnely denounced a sentence of excommunication against al who should contradict these Articles; which they cau∣sed to be openly read in Pauls Church London, in the presence of the Prelates, Lords and

Commons of the whole kingdom, the King being present; Among which Articles they deman∣ded; That Magna Charta, with other provisions necessary to the Church and Realme, should be observed, that the King as his Father had commanded, should thrust al Strangers out of his Court and kingdome, and remove ill Counsellours from him: That he would thenceforth order all the af∣faires of the kingdome by the Counsel of the Clergy and Lords; and begin no war, nor depart any where out of the kingdome without common consent. The King consented to the Articles, and banished Piers into Ireland. No* 1.73 sooner was the Parliament dissolved, but the King neglecting his Fathers solemne adjurations, together with his owne Oath, never to re∣duce Piers, sends for him back to his Court, marrieth him to the Countesse of Glocester, his owne sisters daughter, sheweth him more favour then ever; Resolving with himselfe to retaine this Gaveston, mangre all his Earles, Barons, and for the love of him, to put his Crowne and life in perill, when time should serve: In which, whether the King or his Favourite shewed lesse discretion, it is not at the first easily determined; it being as un∣safe for the one with so offensive behavior to affect immoderate shew and use of grace, as for the other, to the injury of his name and Realme, to bestow the same. But upon the Queenes complaint to the King of France her Brother, of Piers his insolence and prodigality, and on the Barons message to the King by common consent; That he should banish Piers from his company, and observe the effect of the foresaid Articles, or else they would certainly rise up against him as a perjured person by a like vow (which speech seemed hard to the King, because he knew not how to want Piers, but yet discerned that more danger would spring up if he obeyed not the Lords Petition;) Piers rather by the Kings permission, then good li∣king, did the third time abjure the Realme with this proviso; that if at any time after∣ward he were taken in England, he should be forthwith put to death as a perilous ene∣my to the Kingdome: yet he returning in Christmas to the King at Yorke, the Lords spirituall and temporall, to preserve the Liberties of the Church, the kingdom, and remove this Viper, elected Tho. Earle of Lancaster for their Generall, and sent honorable messengers to the King, requesting him, to deliver Piersinto their hands, or drive him from his company out of England, as being perswaded, while that King-bane breathed, peace could never be main∣tained in the Realme, nor the King abound intreasure, nor the Queene enjoy his love. But the wilfull King would not condescend. Whereupon the Lords thus contemned and de∣luded, presently raise an Army, and march with all speed towards Newcastle, not to offer injury, or molestation to the King, writes Walsingham, (the case and purpose of the pre••ent Parliaments Army) but that they might apprehend Piers himselfe, and judge him according to the Laws enacted. Which when the King heard, he fled together with Piers to Tynemouth, and from thence to Scarborough Castle. Where Piers was forced to yeeld himselfe, upon condition to speake but once more with the king. And then carried to Warwick Ca∣stle, where he had his head strucke off, at the command, and in the presence of the Earles of Lancaster, Warwicke, and Hereford; as one who had beene a subverter of the Lawes, and an open Traytor to the kingdome, and that without any judiciall proceedings or triall of his Peeres, though an Earle, and so deare a Favorite of the Kings. Which bred a lasting hatred be∣tweene the King and his Nobles: Who being afterwards charged by the King in Parlia∣ment with their contempt against him, in the spoiles committed by them at Newcastle, and wickedly killing Piers: they stoutly answered, That they had not offended in any point, but deserved his royall favour, for that they had not gathered force against him, but a∣gainst the publike enemy of the Realme: And then obtained an Act of Pardon that no man should be questioned for Gavestons returne or death, printed in oldg 1.74 Magna Charta.

Not long after, this unfortunate King doting upon the twoh 1.75 Spencers as much

as ever he did on Gaves••on, to whom they succeeded, not onely in pride, rapine, oppres∣sion and intolerable in••olencies, but even in height of familiarity and power with the King. So as they ruled and lead the King as they pleased, in so much that no Earle, Baron, or Bishop was able to dispatch any thing in Court without their advise and favour, which made them generally envied of all, because they domineered over all. The Lords and Barons hereupon, confederated together to live and die for justice, and to their power to destroy the Traytors of the Realme, especially the two Spencers: And meeting to∣gether with their forces at Shirborne, Thomas of Lancaster being their Captaine; they tooke an oath to prosecute their designe to the division of soule and body: Then they spoyled these Spencers and their friends goods, take their Castles by violence, waste their Manors through malice, slay their servants, utterly omitting the usuall wayes of Law and equity, and following the impetuousnesse of their minds they march on to Saint Albons with Ensignes displayed, and sent solemne messengers to the King then at London, commanding him, not onely to rid his Court, but kingdome too, of the Traytors of the Realme, the Spencers, condemned in many Articles (which they had framed against them) by the Commonalty of the Realme, if he loved the peace of the Kingdome. And they further required the King to grant letters Patents of indempnity, to themselves and all such as had bore armes in their company, that they should not be pu∣nished by the King or any other for their forepast or present transgressions. The King de∣nyed both these demands at first, as unjust and illegall; swearing, that he would not violate his Coronation Oath, in granting such a pardon to contemptuous Delinquents. Whereupon running to their armes, they marched up to London, entred the City, and to avoyd danger, the King (through the Queenes and others mediation) con∣descended to their desires, passing an Act for the Spencers banishment, and the Ba∣rons indemnities; which you may reade in ancienth 1.76 Magna Chartaes. Upon this the Barons departed, neither merry nor secure, despairing of the Kings Benevolence; which made them goe alwayes armed, and to retire to safe places. The King soone after, recal∣ling the Spencers, reversed the sentence against them as erroneous, gathers an Army, encounters and defeates the Barons, and puts many of them to death by these Spencers procurements; who not content with their bloud, procured also the confiscation of their goods and inheritances: Whereupon getting into greater favour and power then before, puffed up with their good successe and new honours, they discontented not onely the Nobles, but Queene too; who going over into France with her sonne, the Prince, (whose lives these favorites attempted) She raised an Army beyond the Seas, and returning with it into England, most of the Lords and Commons resorted to her, and fell off from the King: who being destitute of friends and meanes, deman∣ded assistance of the City of London, whose answer was; That they would honour with all duty the King, the Queene and Prince, but would shut their gates against Foreiners and Traytors to the Realme, and with all their power withstand them. And under the name of Iohn of Eltham the Kings second sonne, whom they proclaimed Custos of the City & of the Land, they got the Tower of London into their possession, placing and displacing the Garrison and Officers therein as they pleased. The King hereup∣on (after he had commanded all men to destroy, and kill the Queenes partakers, none ex∣cepted but her selfe, her sonne, and the Earle of Kent, and that none upon paine of death, and losse of all that they might lose, should aide or assist them, and that he should have a 1000. l. who did bring the Lord Mortimers head) f••ies to Bristol, in the Castle where∣of

the elder Spen••er was taken by the Queenes Forces, and without any formall try∣all, cruelly cut up alive, and quartered; being first at the clamours of the people, 〈◊〉〈◊〉 and hanged in his proper armour upon the common Gallowes without the City: After which the King forsaken of all his Subjects flies into Wales for shelter, where he was taken prisoner, and then by his Lords and Parliament forced to resigne his Crowne to his son, confessing, That for his many sins he was fallen into this calamity, and therefore ••ad the lesse cause to take it grievously: That he much sorrowed for this; that the people of the kingdome were so exasperated against him, that they should utterly abharre his any longer rule and Soveraignty, and therefore he besought all there present to forgive and spare him being so afflicted: Soone after he was murthered in Ba••kly Castle: And so the sicknesse, and wounds which the Common-wealth sustained by his ill raigne, upon the change of her Physitian, recovered not onely health and strength, but beauty also and ornament, writes Iohn Speed.

After all thisi 1.77 King Richard the second in the ninth yeare of his reigne sum∣moned a Parliament, wherein Michael de la Pole Earle of Suffolke, for cheating the King was put from his Lord Chancellorship of England by the Parliament, and the Seal•• taken from him against the Kings will, and given to Thomas Arundell Bishop of Ely; Whereupon both the Houses gave halfe a tenth and halfe a fifteene, to be disposed of as the Lords thought fit, for the defence of the Realme. The Parliament was no sooner dissolved, but the King recals de la Pole and other ill Counsellors to the Court, shew∣ing them greater favour then before: In so much that at Christmas, the King made de la Pole sit at his owne table, not in the usuall garment of a Peere, but of a Prince, out of a stomacke and hatred against the Peeres, whom from thenceforth be never regarded but fei∣uedly, and then fals to plot the death of the Duke of Glocester and other Nobles, who op∣posed his ill Counsellors; For which purpose he appoints a meeting at Nottingham Castle, with a few persons generally ill-beloved, ill-adwised, and ill-provided. The course agreed upon by the King and that ill-chosen Senate was, first, to have the opinion of all the chiefe Lawyers; (who saith Speed, seldome faile Princes in such turnes) concer∣ning certaine Articles of Treason, within whose nets they presumed the reforming Lords were; and if the Lawyers concluded those Articles contained Treasonable matters, then umder a shew of justice they should be proceeded against accordingly. The Lawyers (who were the very men, which in the last Parliament, gave advice to the Lords to do as they did) now meeting were demanded: Whether by the Law of the Land, the King might not disanull the Decrees of the last Parliament? They joyntly an∣swered, he might, because he was above the Lawes; (a most apparent errour) confessing; that themselves had in that Parliament decreed many things, and given their judgement, that all was according to Law, which they acknowledged to be altogether unlawfull. The King thus informed, appointeth a great Councell at Nottingham, and withall sends for the Sheriffes of Shires, to raise Forces against the Lords; who denyed, saying, that they could not raise any competent forces or Armes against them, the whole Counties were so addicted to their favours; and being further willed; to suffer no Knights to be chosen for their Shires, but such as the King and his Councell should name; they answered; that the election belonged to the Commons, who favored the Lords in all, and would keepe their usuall customes; (a good precedent for our present Sheriffes) whereupon they were dismissed. Then were the Lawyers and Judges (Robert Trefilian and his compani∣ons) called before the King, to determine the judgements of Treasons against the

Lords to be legall and to set their Seales thereto, which they did: Meane time the King and Duke of Ireland, sent messengers to hire what Forces they could, That they might stand with them if need were against the Lords in the day of battle:* 1.78 Many of which answered, that they neither could nor would stand against the Lords, whom they knew for cer∣taine intimately to love the King, and to endevour all things, study all things, doe all things for his honour: yet many out of simplicity, thinking themselves to be hired, promised to be rea∣dy upon the Kings notice: The Lords hearing of these proceedings were much sadded; being conscious to themselves of no guilt worthy the Kings so great indignation. The Duke of Glocester sent his purgation upon Oath by the Bishop of London, to the King; who inclining to credit the same, was in an evill houre diverted by De la Pole. The Duke hereupon makes his and their common danger knowne to the rest of the Lords: up∣on which they severally gather Forces, that they might present their griefes to the King; How he favoured Traytors, not onely to them, but to the Publique, to the imminent danger of the Realme, unlesse it were speedily prevented. The King on the other side (by Trayterous Counsellours advise) sought how to take them off single, before they were united: but in vaine, by reason their party was so great. Meane time, some peaceable men procured, that the Lords should repaire safe to Westminster, and there be heard. Thither approaching, they are advertised by some, (who had sworne on the Kings behalfe for good dealing to be used during the in∣terim) that in the Mewes by Charing-Crosse, a thousand armed men (which with∣out the Kings privity Sir Thomas Trivet, and Sir Nicholas Brambre knights, were re∣ported to have laid for their destruction) attended in ambush. The King sweares his innocency, promising safe conduct to the Lords if they would come; who thereupon came strongly guarded, and would trust no longer. The King sitting in Royall State in Westminster Hall; the Lords present themselves upon their knees be∣fore him: and being required by the Lord Chancellor; Why they were in warlike manner assembled at Haring gye Parke, contrary to the Lawes? their joynt answer was: That they were assembled for the good of the King and kingdome, and to weed from a∣bout him, such Traytors as he continually held with him; The Traytors they named to be- Robert de Vere, Duke of Ireland; Alexander Nevill, Arch-bishop of Yorke; Michael de la Pole, Earle of Suffolke; Sir Robert Tr••silian, that false Justiciar; Sir Nicholas Brambre, that false knight of London, with others: To prove them such, They threw downe their Gloves, as gages of challenge for a triall by the Sword. The King hereupon re∣plyed, as knowing they were all hidden out of the way; This shall not be done so, but at the n••xt Parliament (which shall be the morrow after Candlemas) all parties shall receive according as they deserve. And now to you my Lords; How or by what authority durst you presume to levy Forces against me in this Land? did you thinke to have terrified mee by such your presumption? Have not I men and armes, who (if it pleased me) could environ and kill you like sheepe? Certainely in this respect I esteeme of you all no more than of the basest Scullions in my kitchins. Having used these, and many like high words, he tooke up his Unckle the Duke from the ground, where he kneeled, and bade all the other rise. The rest of the conference was calme, and the whole deferred till the next Par∣liament, then shortly to be holden at Westminster. In the meane time (that the world might see, how little able the King was to equall his words with deeds) a Proclamation was set forth, in which the King (before any tryall) cleareth the Lords of Treason, names tho••e persons for unjust accusers, whom the Lords had

before nominated. The Lords neverthelesse thought not good to sever themselves, but kept together for feare of the worst; which fell out for their advantage: For the Duke of Ireland (with the Kings privity, such was his false dissimulation) had gathered a power in Wales, and Cheshire: which they intercepting neare Burford and Bablecke, slew Sir William Molineux, leader of the Cheshire men, and made the Duke to flye in great feare. Among the Dukes carriages was found (as the devill, or ra∣ther God would have it) certaine Letters of the Kings to the said Duke, by which their Counsels were plainely discovered. The Lords hereupon march with speed up to London, having an Army of forty thousand men, the Lord Mayor and City doubtfull whether to displease the King or Lords, upon consultation receive the Lords into the City, and supply their Army with provisions in the Suburbs; Which the King hearing of, seemed to slight them, saying;* 1.79 Let them lye here till they have spent all their goods, and then they will returne poore and empty to their houses, and then I shall speake with and judge them one after another, The Lords hearing this, were exceeding∣ly moved, and swore, They would never remove thence, till they had spoken with him face to face. And forthwith sent some to guard the Thames, lest the King should slip out of their hands, and then scoffe at them. The King being then in the Tower, and seeing himselfe every way encompassed, sent a message to the Lords, that he would treat with them; who thereupon desired him, That he would come the next day to West∣minster, where they would declare their desire to him: The King replyed, That he would not treat with them at Westminster, but in the Tower. To which the Lords answered, That it was a suspicious place, because traines might there be laid for them, and dangers prepared to destroy them; Whereupon the King sent word, They should send thither two hundred men or more, to search and view all places, lest any fraud should lye hid. Upon which the Lords repaired to the Tower, and in the Kings Bed-chamber, laid open to him brief∣ly, all his conspiracy, in causing them indirectly to be indicted; They object to him his mutability, and underhand working, producing his owne Letters to the Duke of Ireland, to raise an Army to destroy them; together with the French packets they had intercepted; where∣by it appeared he had secretly practised to flye with the Duke of Ireland into France, to deliver up Callice to the French Kings possession, and such pieces as the Crowne of England held in those parts; whereby his honour might diminish, his strength decay, and his fame perish. The King seeing this, knew not what to doe, especially because he knew himselfe nota∣bly depressed. At last craving leave, they left him confounded and shedding teares, yet upon condition, that he should come to Westminster the next day, where hee should heare more, and treate of the necessary affaires of the kingdome; Which he promised to doe, retaining the Earle of Darby, to sup with him. But before he went to bed (O the ficklenesse of weake Princes, and faithlessenesse of their royall words and Protestations!) some whisperers telling him, that it was not decent, safe, nor honourable for the King to goe thither, he changed his resolution. The No∣bles hearing this, were very sad, and discontented, and thereupon sent him word, That if he came not quickely according to appointment, they would chuse them another King, who both would and should obey the Counsell of his Peeres. The King strucke with this dart, came the next day to Westminster, there attending his Nobles pleasures. To whom (after few discourses) the Nobles said; That for his honour, and the benefit of his kingdome, all Traytors, whisperers, flatterers, evill instruments, slanderers, and unpro∣fitable persons should be banished out of his Court and company, and others substituted in their

places, who both knew how, and would serve him more honourably and faithfully. Which when the King had granted (though with sorrow) they thought fit that Alexan∣der Nevill Archbishop of Yorke, Iohn Fordham, Bishop of Durham, with sundry other Lords, knights, and Clergy men should be removed and kept in strait prison, to an∣swer such accusations as should be objected against them the next Parliament. Where∣upon they were apprehended forthwith and removed from the Court: After the feast of Purification, the Parliament (much against the Kings will, who would have shifted it off at that time) began at London. The first day of the Session, Fulthorpe, and all the rest of the Judges were arrested, as they sate in judgement on the Bench; and most of them sent to the Tower: for that having first over-ruled the Lords with their Counsels and direction, which they assured them to be according to Law, they afterward at Nottingham, gave contrary judgement to what themselves had determined formerly. Tresili∣an the chiefe Justice prevented them by flight, but being apprehended and brought backe to the Parliament in the forenoone, had sentence to be drawne to Tiburne in the afternoone, and there to have his Throate cut, which was done accor∣dingly.

The King seeing these proceedings, by advise of his ill Counsellors,* 1.80 absented him∣selfe from his Parliament, and sent Michael de la Pole then Lord Chancellor, to demand foure fifteenes in his name, of the Commons, for that without lesse he could not maintaine his estate and outward warre. To which the body of the Parliament made answer; that without the King were present, they would make therein no answer; and that unlesse the King would remove him from his Chancellorship, they would no further meddle with any Act this Parliament. The King upon this sent to the Commons, that they should send to Eltham, (where he then lay,) 40. of the wisest and best learned of the Commons, who in the name of the whole House should declare unto him their minde, Upon which message the House were in more feare then before; for there went a talke, that the King intended to be∣tray divers of them, which followed not his minde, either that way, or at a banquet appointed to be made purposely at London, if Nicholas Exton the Mayor of London would have con∣sented thereunto; at which time the Duke of Glocester should have beene taken. Wherefore the Lords and Commons assembled together, agreed with one assent, that the Duke of Glocester, and Bishop of Ely, should in the name of the whole Parliament be sent to the King to Eltham; which was done, and the King well pleased that they should come. When they came into his presence they most humbly saluted him, and said.

Most high and redoubted Soveraig••e Lord, the Lords and Commons of this your Parlia∣ment assembled, with most humble subjection unto your most royall Majesty, de∣sire your most gracious favour; so that they may live in tranquillity and peace un∣der you, to the pleasure of God and wealth of the Realme. On whose behalfe we also shew unto you, that one old statute and landable custome is approved, which no man can deny; That the King our Soveraigne Lord may once in the yeare law∣fully summon his high Court of Parliament, and call the Lords and Commons thereunto, as to that which is the highest Court of this Realme: In which Court all equity and justice must shine, even as the Sunne when it is at the highest, where∣of poore and rich may take refreshing: where also must be reformed all the op∣pressions, wrongs, exactions and enormities within the Realme, and there to consult with the wise men for the maintenance of the Kings estate. And if it might be knowne that any persons within the Realme or without intended the contrary,

there also must be devised how such evill weeds might be destroyed. There also must be studyed and soreseene, that if any charge doe come upon the King and his Realme, how it may be well and honourably supported and sustained. Hitherto it is thought by the whole Realme, that your Subjects have lovingly demeaned themselves to you, in ayding you with substance to the best of their powers; and they desire to have knowledge, how and by whom these goods be spent. One thing resteth yet to declare in their behalfe unto you:* 1.81 how that by an old Ordinance, they have an Act, if the King absent himselfe forty dayes not being sicke, but of his owne minde (not heeding the charges of his people, nor their great paines) will not resort to his Parliament; they then may lawfully returne home to their houses:

And now Sir, you have beene absent a longer time, and yet refuse to come amongst us; which greatly is our discomfort: (And our Parliaments present case.) To this the King answered by these words: Well, we doe consider that the people and Commons goe to rise against us; wherefore we thinke we can doe no better than to aske ayde of our Cosin the French King, and rather submit us to him, than to our owne Subjects. The Lords answered: Sir, that Counsell is not best, but a way rather to bring you into danger. For it is well knowne, that the French King is your ancient enemy, and your greatest adver∣sary: and if he set foot once within your Realme, he will rather dispoyle you, invade you, and depose you from your estate Royall, than put any hand to helpe you, &c. And as that King cannot be poore that hath rich people; so cannot he be rich that hath poore Commons. And all these inconveniences be come by the evill Counsell which are about you. And if you put not your helping hand to the redresse of the premises, this Realme of England shall be brought to nought and utter ruine, which clearely shou'd be laid to your default, and in your evill Counsell: See∣ing that in the time of your Father, this Realme throughout all the world was highly esteemed, and nothing ordered after these wayes. Wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruine either of you or else of your Realme. By these good perswasions the King was appeased, and promised within three dayes after to come to the Parliament, and to condescend to their Petitions; And according to his appointment he came. Where soone after Iohn Fordham Bishop of Durham, was discharged of the Treasurourship, and the Bishop of Hereford set in his place;* 1.82 De la Pole was put from his Chancellourship for dive scrimes, frauds, briberies and treasons, by him com∣mitted, to the prejudice of the King and his Realme, committed to the Tower, and fined twenty thousand Markes to the King, in relieving of the Commons: Divers other Judges, knights, & Delinquents of all sorts were condemned, & executed, others banished and their states confiscated; others put out of Offce by this Parliament, as you may read in our Histories, and in thek 1.83 Statutes at large: in which Statutes the mischievous effects of these evill Counsellors to King, kingdome, and people are at full related, whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed: the Lords raising of Forces against them resolved to be lawfull; and these traytorous Delinquents made uncapable of any pard••n;l 1.84 and their raising of Armes against the Parliament and kingdome, (though with the Kings owne consent and his command) declared and enacted to be high Treason. These proceedings ratified and assented to in Parliament by the King, much against his will, wrought an intolerable secret hatred and desire of revenge in his heart a∣gainst the Lords, which for want of power he concealed neare ten yeares space; but in the twentyeth yeare of his Reigne, being somewhat elevated in his spirit with a

rumour that he should be elected Emperour; he suddenly apprehended the Duke of Glo∣cester, the Earles of Warwicke and Arundell (the chiefe sticklers in the premises) com∣mitting them to severall prisons: And to blinde the peoples eyes, lest they should rise up in Armes to rescue these Lords; the King sent out a seigned Proclamation, (which he caused to be proclaimed throughout the Realme) that these Lords were apprehended only for new Treasons committed against him, for which he would prosecute them in the next Parlia∣ment, and not for the old trespasses: After which he proclaimes those Lords Traytors.

Which done he summoned am 1.85 Parliament at Westminster, to this Parliament the King commanded to come all such as he had best confidence in, omitting the rest; and the Knights were not elected by the Commons, as custome required they should be, but by the Kings pleasure; yea, he put out divers persons elected, and put in other in their places to serve his turne; which was one Article objected against him when he was deposed. Against the time of this Parliament, the King received a guard of 4000. Archers, all Cheshire men, as if he would have gone in battle against enemies, so that divers came armed to the Parliament out of feare. These Cheshire men were rude and beastly people, and so proud of the Kings favour,n 1.86 that they accounted the King to be their fellow, and set the Lords at nought, though few of them were Gentlemen, but taken from the Plough and other Trades. After these rusticall people had a while Courted, they grew so bold, that they would not let neither within the Court nor without to beat and slay the Kings good Subject, (as the Cavaliers doe now) and to take from them their victuals at their pleasure, paying little or nothing for them, and to ravish their wives and daughters: And if any man presumed to complaine to the King of them, he was soone rid out of the way, no man knew why, nor by whom, so that in effect they did what they listed. In this Parliament the King having made the Speaker, and a great part of merci∣nary, proud, ambitious men of the Commons House to be of his side, to act what he required them; he then prevailed likewise with the Upper House, first with the Prelates, then with the Lords, more out of feare of him, then any reason; by meanes whereof the Commission, Charters of pardon, and Acts made in Parliament in the 10. and 11. yeares of his Reigne were quite revoked and declared voyd in Law, as being done without authority and against the will and liberty of the King and of his Crowne: And withall they declared the Iudges opinions for which they were condemned in that Parliament, to be good and lawfull, and attainted the said imprisoned Lords of high Treason, and confiscated their lands. The two Earles hereupon were beheaded, and the Duke (by reason of his populari∣ty) sent over to Callice, and there by Hall and others smot••ered, onely for their for∣mer actions; which done, the King adjourned the Parliament to Shrewsbury where he subtilly procured ano 1.87 Act to passe by common consent, that the power of the Par∣liament should remaine in seven or eight persons, who (after the Parliament dissolved) should determine certaine petitions delivered that Parliament, and not dispatched. By colour where∣of, p 1.88 Those Committees proceeded to other things generally touching the Parliament, and that by the Kings appointment, in derogation of the state of the Parliament, the discommodity and pernicious example of the whole Realme: And by colour and authority hereof, the King caused the Parliament Rols to be altered and defaced, against the effect of the foresaid grant. After which he much vexed and oppressed his people with divers forced Loanes, Oathes, Impositions, and oppressing Projects to raise money, seeking to trample them under his feet, and destroy the Realme, and tooke all the Jewels of the Crown with him into Ireland, without the kingdomes consent. Which rendered him so

odious to his people, that Henry Duke of Lancaster, landing in England, the whole kingdome came flocking to his ayde, so that he had an Army of 60000. men in a short time; who vowed to prosecute the Kings ill Counsellours. Whereupon King Richard returning out of Ireland, hearing of the Dukes great Army assembled against him, and know∣ing that they would rather dye than yeeld, out of their hatred, and feare of him, he dismissed his Courtiers, hiding obsurely in corners till he was apprehended, and by a Parliament summoned in his name (though against his will) judicially deposed for his misgovernment.

Among the Articles exhibited against him in Parliament for his evill government, for which he was by sentence dethroned, these are remarkable. First,* 1.89 That hee wastfully spent the Treasure of the Realme, and had given the possessions of the Crowne to men unworthy, by reason whereof daily new charges more and more, were laid on the neckes of the poore Commonalty. And when divers Lords were appointed by the high Court of Parliament to commune and treate of divers matters concerning the Common-wealth of the same, which being busie about those Commissions, he with other of his affinity, went about to impeach them of high Treason, and by force and threatning, compelled the Iustices of the Realme at Shrewesbury, to condescend to his opinion, for the destruction of the said Lords; In somuch that hee began to raise warre against John Duke of Lancaster, Thomas Earle of Arundell, Richard Earle of Warwicke, and other Lords, contrary to his honour and promise.

Item, He assembled certaine Lancashire and Cheshire men, to the intent to make warre on the foresaid Lords; and suffered them to rob and pillage without correction or reproofe.

Item, Although the King ftatteringly, and with great dissimulation made Proclamation throughout the Realme, that the Lords before named, were not attached for any crime of Trea∣son, but onely for extortions and oppressions done in the Realme, yet he laid to them in the Parli∣ament, rebellion and manifest Treason.

Item, He hath compelled divers of the said Lords servants and friends, by menace and ex∣treame paines, to make great fines to their utter undoing. And notwithstanding his pardon to them granted, yet he made them fine of new.

Item, That he put out divers* 1.90 Sheriffes lawfully elected, and put in their roomes, divers of his owne Minions, subverting the Law, contrary to his Oath and Honour.

Item, For to serve his purpose, he would suffer the Sheriffes of the Shire to remaine above one yeare or two.

Item, He borrowed great sums of money, and bound him under his Letters Patents for repay∣ment of the same, and yet not one penny paid.

Item, He taxed men at the Will of him and his unhappy Counsell, and the same Treasure spent in folly, not paying poore men for their victuall and viand.

Item, He said, That the Lawes of the Realme were in his head, and sometime in his brest, by reason of which phantasticall opinion, he destroyed Noble men, and impoverished the Commons.

Item, The Parliament setling and exacting divers notable Statutes for the profit and advance∣ment of the Commonwealth, he by his private friends and solicitors, caused to be enacted;* 1.91 That no Act then enacted should be more prejudi••iall to him, than it was to any of his Predecessors, though with proviso he did often as he listed, and not as the Law meant.

Item, That he at his going into Ireland, exacted many notable summes of money, besides Plate and Iewels, without Law or custome, contrary to his Oath taken at his Coronation.

Item, That without the assent of the Nobility, he carried the Iewels, Plate, and Trea∣sure of the kingdome over the Sea into Ireland, to the great impoverishing of the Realme. And all the good Records for the Common-wealth, and against his extortions, he privily cau∣sed to be imbezeled and conveyed away.

Item, When divers Lords and Iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the Realme, and profit of the King, the said King so menaced them with sore threatnings, that no man would, or durst say the right.

Item, He most tyrannically and unprincely said, that the lives and goods of all his Sub∣jects were in the Princes hands, and at his disposing.

Item, He craftily devised certaine privie Oathes, contrary to the Law, and caused di∣vers of his Subjects, first to be sworne to observe the same, and after bound them in bonds for the firmer keeping of the same, to the great undoing of many honest men.

Which how parallel they are to the late and present Court Practises, and Do∣ctrines of our times, let wise men determine. The King being thus Judicially dethro∣ned in Parliament, Henry the fourth by the same Parliament, (which continued not∣withstanding Richards deposition who summoned it) was created King, who in the q 1.92 first Parliament of his Raigne, reversed, and annulled as illegall, the Parliament of 21 Richard 2. with all its Acts, Circumstances and dependants; and revived that of 11 Richard 2. in all points, as made for the great honour, and common profit of this Realme. To these I might adde ther 1.93 Rebellious insurrections of Richard Scroope, Arch-bishop of Yorke, the Earle of Northumberland, and their Complices, a∣gainst King Henry the fourth, Anno 1405. to reforme the State and government, re∣lieve the Church and Common-weale, and Depose King Henry in and by a forced Parliament. Thes 1.94 insurrection of the Popish Nobles against King Stephen, for viola∣ting his Oath, touching Forests, and other immunities of Church and Common-wealth, which they would force him to confirme; the severallt 1.95 insurrections of Jacke Cade, Jacke Straw, Wat Tyler, and their Popish V••lgar rabble, to force their King to call Parliaments, to alter and repeale old Lawes, enact new, displace offensive great Officers, pro∣mote new on••es of their nomination, to ratifie what propositions they required, and subvert the government of the Realme: with theu 1.96 severall Rebellions of the Popish Lincolne∣shire and Yorke-shire men, under Doctor Mackarell, a Monke, and some men of quali∣ty in Henry the eighth his raigne; Of the Cornish men, Norfolke men, Kent, and others in Edward the sixth his Rule; of the Popish Earles of Northumberland, Westmorland, and other Northerne Papists in Queene Elizabeths dayes, by force of Armes to compell these severall Princes to summon Parliaments to rep••ale all Lawes against Masse and Po∣pery, and for the establishment of the Protestant Religion, with other Acts concerning the go∣vernment of the Common-wealth, to enact divers new Lawes and propositions, which they demanded, to remove great Officers and privie Counsellors from their places, and the like. All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects, being done without any preceding Order or resolution of both Houses, representing the whole kingdome, and against the generall consent of the people. But I shall conclude with one ancient precedent more, in one of our best Kings reignes, In 25 E. 1.x 1.97 The Lords and Commons in Parliament grievo••sly com∣plained and Petitioned to the King••against divers taxes, tallages, and prisages wherewith they were oppressed by him, to the great impoverishing of the Realme; against the violation of Magna Charta, the Charter of the Forest, the imposition upon Wools, and their summons

to goe with him into Flanders, to which they were not bound by Law. The king excu∣sing these taxes, by reason of his necessity to maintaine the warres, and giving them a dila∣tory answer: the Earle Marshall, and Hereford withdrew themselves from Parlia∣ment, and with their complices, commanded the Barons of the Eschequer not to ••evie the eighth penny of the people, granted to the King at Saint Edmonds; and induced the Citi∣zens of London to joyne with them to recover their Liberties. Whereupon the King sending to them for peace, they would condescend to no peace but on these termes; That the king should confirme Magna Charta, and Charta de Foresta, with the other Ar∣ticles to them annexed; that he should exact and take ••o ••o aides, taxe, or tallage from the Clergy or Commons without their commo•• consent in Parliament, and that he should remit all offences to these Earles, and their confederates, all which the King ratified by his y 1.98 Charter at large, by his oath, and by a solemne excommunication of the Bishops twice every yeare, of all those who should transgresse this Charter of his; For which the Laity gave him the ninth, and the Clergy the tenth penny of their goods. And because this confirmation was made in Scotland, the Kings, and divers others promised for him, that he should confirme it when he came into England, which they pressing him to doe in a Parliament at London, in the 27. yeare of his reign; after some delaies, he ratified it with this addition in the close; saving the right of our Crowne, which when the Lords heard, they departed home in great discontent; but the King re-sum∣moning them at quindena Pasche, granted all things absolutely according to their desire, committing the per-ambulation of the Forests throughout England to three Bishops, three Earles, and three Barons, to settle their bounds according to God and justice: which not being speedily executed, but neglected (the King having purchased a di∣spensation of his oath, wherewith he had ratified his foresaid Charter, from the Pope) hereupon the king holding a Parliament at Stamford, the 29. of his reigne, the Lords and Barons repaired thither with great store of horses and Arms, with a purpose to extort a full execution of the Charter of the Forests hitherto deferred: upon which the King, con∣sidering their earnestnesse and importunity, condescended to their will in all things.

Sixthly, Parliaments, Lords and Prelates, in former times have affirmed; that when a Parliament was once met together by lawfull summons, it might not be dissolved or discontinued againe at the Kings meere pleasure, till all the publike affaires for which it was called were dispatched, all grievances redressed, and all Petitions exhibited therein, ful∣ly heard, and answered; agreeable to the resolution of the greata 1.99 Councels of Basil, Constans, and divers Popish* 1.100 Writers, that a generall Councell once lawfully summoned by the Pope and met, cannot be dissolved by him againe at his pleasure, without the Councels consent, before all the Churches affaires be therein setled: Vpon which resolution these Coun∣cels continued together and deposed sundry Popes notwithstanding their Buls to dissolve them, to keepe themselves in their chaires. This is apparent; first by the Ancient Treatise, Of the manner of holding Parliaments in England: which informes us; That the first day of the Parliament, publike Proclamations ought to be made in the City or Towne where the Parliament is kept; That all those who would deliver Petitions or Bils to the Parliament, should deliver them in a certaine time: That the Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided, or at the least to which there is not made a determinate answer: the Kings Majesty being desirous of his grace and favour to give the Subject redresse of any injury, not to suffer his people to goe unsatisfied. Hence de∣parting of the Parliament OUGHT TO BE in such manner. First, IT OUGHT

TO BE demanded, yea and publickely proclaimed in the Parliament, and within the Pal∣lace of the Parliament, whether there be any that hath delivered a Petition to the Parliament, and hath not received answer thereto? If there be none such, it is supposed that every one is sa∣tisfyed, or else answered unto at the least, So far forth as by Law it may be. And then all may de∣part. Hence it was, that in 21 R. 2. c. 16, 17, 18, 19. Divers Petitions not read nor answe∣red in Parliament, by reason of shortnesse of time, and not determined sitting the Par∣liament, were by special Acts of Parliament referred to divers Lords and Commons, to examine, answer, and plainely determine all matters contained in the said Pe∣titions, as they should thinke best by their good advise and discretion; even out of Parliament; which they heard and determined accordingly, and made binding Acts thereupon, as appeares by the Statutes themselves. This Doctrine was very well knowne to King Iohn, Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed, and deposed most of them, sit∣ting and continuing sitting, both before and after their deposing, sore against their wills, as the fore-remembred histories manifest; else no doubt they would have bro∣ken up all these Parliaments at their pleasure, and never permitted such Acts and Judgements to passe against themselves, Favorites, ill Counsellours, pretended Pre∣rogatives, had they lawfull power to dissolve them, summoned in their names, or the Parliaments actually determined by their depositions, or resignations, as we find they did not, and none ever yet held they did. King Richard the 2. fearing the losse of his Crowne, or some restraints by Lawes, in the 11. yeare of his Reigne, pro∣posed this question among others, to his Judges at Nottingham Castle; which (for ought I finde) was never doubted before.b 1.101 Whether the King whensoever pleaseth him, might dissolve the Parliament, and command his Lords, and Commons to depart from thence or not? Whereunto it was of one minde answered, That he may: And if any would proceed in the Parliament against the Kings will, he is to be punished as a Traytor. For which opinion and others, some of these Judges and Lawyers (as Tresilian and Blake) were condemned of high Treason the next Parliament, 11 R. 2. drawn upon a Hurdle to Tyburne, and there executed, as Traytors to the King and Com∣monwealth: others of them (who delivered their opinions rather out of feare of death, and bodily tortures than malice) were yet condemned as Traytors, and banished the kingdome, onely their lives were spared. True it is, that the packed and over-awed Parliament of 21 R. 2. (terrifyed by the Kings unruly great Guard of Cheshire Archers forementioned) 21 R. 2. c. 12. being specially interrogated by the King, how they thought of these answers of the Judges, said; That they thought they gave their answers duely and faithfully, as good and lawfull liege people of the King ought to doe: But yet the Parliament of 1 H. 4. ••. 3, 4. repealed this Parliament of 21 R. 2. with all its circumstances and dependents, revived the Parliament of 11 R. 2. with the judgements and proceedings, given against these trecherous temporising Judges, as a thing made for the great honour and common profit of the Realme. Besides, thec 1.102 Statutes of King Alfred, and Edward the 3. (which enact, that a Parliament shall be holden once every yeare, and oftner if need be, for redresse of mischiefes and grievances which daily happen) strongly intimate, that if a Parliament ought in Law to be called as often as neede is, of purpose to redresse the Subjects grievances and mischiefes; then it ought not in point of Law to be dissolved, till these grievances, and mischiefes be redressed; else the summoning of it would be to no purpose, and bring a great

trouble and charge to the whole kingdome, without any benefit at all; Moreover, the King by his Oath, is bound to doe equall justice and right to all his Subjects in all his Courts of Justice: In Magna Charta c. 29. he makes this Protestation; We shall deny nor deferre to no man, either Iustice or Right: and by sundry otherd 1.103 Acts, all the Kings Iudges are sworne and commanded, to doe even Law and execution of right to all his Subjectes rich or poore, without having regard to any person, and without letting or de∣laying to doe right for any Letters, Writs, or Commandements that shall come to them from the King or any others, and shall doe nothing by vertue of them, but goe forth to doe the Law, and hold their Courts, and Processes where the Pleas and matters be depending before them, not∣withstanding, as if no such Letters, Writs, or Commandements, were come unto them. The makers therefore of these Oathes and Lawes (in dayes of Popery) and the Parlia∣ments of 2 E. 3. c. 8. 14 E. 3. c. 14. 1 R. 2. c. 2. 11 R. 2. c. 9. which enact, That it shall not be commanded by the great seale or little seale, to delay or disturbe common right, and though such commandments doe come, the Iustices shall not therefore leave to doe right in A∣NY POINT, that Iustice and right be indifferently ministred to every of the Kings Subjects: did certainely beleeve, that the King neither by his great nor privy seale, nor by Writ or Letter could without just or lawfull cause assigned, prorogue or ad∣journe the Terme or sitting of any Courts of Justice, much lesse prorogue or dissolve his highest Court, and grand Councell of the Realme, the Parliament, or disable them to fit to redresse the kingdomes and Subjects severall grievances, or secure the Realm from danger; Which if he might lawfully doe at his pleasure, without the Houses joynt assents, there would necessarily follow, not onely a deferring and deniall, but likewise a fayler of Justice in the highest Court of Justice; which these Acts disable the King (who is so farre inferior to the Law, that he cannot so much as delay the smallest proceedings of it in any Court or Session, by his supreame power, by any meanes whatsoever) to effect in his meanest Courts, much lesse then in the greatest; from whence the subversion of Lawes, Liberty, Justice, and the whole Realme would ensue. If any therefore cavill at the Act for continuance of this Parliament, till both Houses shall agree to adjourne or dissolve it; or at the Bill for Trienniall Parliaments, which when they meete, shall not be dissolved without their consents for fifty dayes space next after their first meeting: Let them now learne, that this is no Innovation, nor encroach∣ment on the Crowne, but an ancient Priviledge of Parliament, both claimed, pra∣ctised, and resolved in times of Popery, in an higher degree then now it is. And thus you see how in these particulars, the Popish Parliament, Prelates, Lords and Commons in former times, have claimed and exercised farre greater Priviledges and Jurisdictions, than this or any other Protestant Parliament hath hitherto claimed or practised: which I hope, will forever silence the clamourous tongues of all ill Counsellours, Courtiers, Royalists, Malignants, Papists, and Cavaliers against the present Parliament, of whose highest (yet moderate) proceedings, themselves alone have beene the occasions, and therefore (of all others) have least cause to com∣plaine against them.

BUT to returne againe to the first grand Objection. Thirdly, I answer, that the High Court of Parliament,* 1.104 and whole kingdome which it represents, may in divers respects be truely and properly said, to be the Highest Soveraigne power of all o∣thers, and above the King himselfe: which because it may seeme a dangerous paradox,

and tends much to the vindication both of the Priviledges, Honour, and Iurisdictions of our High Court of Parliament, (now so much undervalued, because not really known to most) and to the justification of the proceedings in this present Parliament, which many out of ignorance and malice so much declaime against both by word and wri∣ting, in a most licentious manner; I shall take a little liberty to demonstrate the truth of it, by such convincing reasons and Authorities, as no rationall man (I hope) shall be able to contradict, but must necessarily submit to.

First, it is undeniable thate 1.105 the Court of Parliament hath a lawfull power, to questi∣on all the Kings Patents, Charters, Commissions, Proclamations, Grants, Warrants, Writs, and Commitments whatsoever, whether they be Legall; yea to cancell or repeale them in case they be illegall, mischievous, or onerous to the Subject, not onely without but against the Kings consent, and mandate to the contrary; as appeares by infinite precedents in this and all foremer Parliaments, the scourges of Monopolists, Patentees and Projectors, the Pests of the Commonwealth. The like power have all other Courts of Justice within the kingdome in some degree, when such Charters and Writs of the King are brought judicially before them, because they are Courts of the Law, to which the King and all his Actions are and must be subject. Now that which can thus question, cancell, dis∣anull, revoke the Kings owne Royall Charters, Writs, Commissions, Patents, &c. though ratified with the Great seale and regall power, even against his will, must cer∣tainely be a Soveraigne power and Authority, which in point of Law and Justice is superiour to the King. This is Bractons resolution, l. 2. c. 16. f. 34. a, and Fle∣taesl. 1. c. 17. Where they affirme, the Law and Parliament to be above the King, because they may censure, judge, and rescinde the Kings Acts & Charters, legally and judicial∣ly, even against his personall, though not legall Will, which is the Law.

Secondly, It is unquestionably true, that in all cases of difference betweene the King, and all or any of his Subjects, though they concerne the Kings Prerogative and the highest branches thereof, the Parliament is the supreamest and most proper Judge, and its resolution (from which there is no appeale to any higher tribunall) shall finally binde not onely all the Subjects, but the King himselfe, notwithstan∣ding his owne personall disassent. This is manifest by the many late resolutions gi∣ven in Parliament against sundry Patents, Commissions, Writs, Charters, Impositions, Loanes, Shipmoney, Forest-Bounds, Marshall Law, Pressing and Billetting Souldiers, Im∣prisonment by speciall Command of the King or his Privy Counsell, Tonnage and Poundage, Knight-hood and Taxes, the Commission of Array, and the like, which obliege both King and Subject; the King in receiving justice, in such cases, being subject to the Law as well as the meanest of his Subjects; asf 1.106 Bracton truely avers, against all Royalists mi∣stakes. Now that which can thus finally conclude and binde the King himselfe, e∣ven volens nolens, in cases of highest concernment, entrenching farthest upon his Prerogative Royall, must doubtlesse be the most Soveraigne power, Superiour to the Kings. And in this sence every Court of Justice, whose just resolutions, and every petty Jury, whose upright verdicts obliege the King (because warranted by the Law which is Paramount the King (as Bracton,g 1.107 Fleta,h 1.108 Fortescue,i 1.109 King Iames, k 1.110 Edward the Confessor; yea andl 1.111 Aristotle, resolve) may be t••uely said to be a∣bove the Kings person, which they binde; but not above the Parliament, which by its superlative power may examine allm 1.112 judgements and verdicts, in other Courts by way of error, or appeale, and reverse them if there be cause, when as the King in per∣son

cannot by law examine or reverse them, but onely in his Courts of Justice, by his Judges.

Thirdly, Parliaments oft times doe, and may as they see cause, enlarge the Kings Pre∣rogative and Royall power in sundry particulars, in which the King had no such jurisdiction before these Acts; witnesse the Statute de Praerogativa Regis, The notable Parliament Roll of 1. H. 4. num. 108. Where the Commons in Parliament grant the King, that he shall be in as GREAT ROYALL LIBERTY as his Noble Progeni∣tors were before him: having formerly made the like Grant to King Richard the se∣cond, who perverted it to the altering of the Lawes in many things, as appeares by this Roll. 25 H. 8. c. 19, 20, 21. 26 H. 8. c. 1, 3. 31 H. 8. c, 9. 34, and 35 H. 8. c. 23. 27 H. 8. c. 15. 28 H. 8. c. 7. 17. 3 & 4 E. 6. c. 11, 12. 1 Eliz. 1, 2. with sundry other Acts. Now that Parliamentary power, which onely can create and conferre on Kings a greater regall Authority, and Prerogrative than they had before; must needs be the Originall and supreame Authority: for as we rightly arguem 1.113 That the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice, because their power is by Patent, or Commission derived from his: So we may from the selfe-same reason conclude, that the High Court of Parliaments power (the representative Body of the whole kingdome) is the most Primitive, Soveraigne and greatest Authority of all other, yea, larger and higher than the Kings;n 1.114 be∣cause it onely can enlarge the Kings Prerogative, all whose originall or additionall Roy∣alties, proceeded not from the King himselfe, or his Ancestors owne inherent here∣ditary power, (for what King could justly without his peoples consents, usurpe a Crowne or lawfull Royall Prerogative to himselfe, over an whole Countrey?) but meerely from the voluntary consent and grant of his people in the Parliament. This is irrefragably evident not onely by the variouso 1.115 kinds of Kings; where of some are of greater power and authority. others of lesse; some by Election, others by succession onely, by reason of their Kingdomes & Subjects original institution, by the divers alterations of the Monarchy in this kingdome, which hath beenep 1.116 sometimes divided into seven, sometimes into five, sometimes into three or two kingdomes, and at last reduced unto one; by the greatq 1.117 changes and alterations made in all Foraine Realmes, which have sometimes multiplyed, sometimes diminish∣ed the number and power of their Princes, and somtimes quite abolished the royall forme of Government, changing it into an Aristocraticall or popular rule, or Dukedome: by the di∣vine Authority of S. Peter, who in this regard calls Kings and their Supremacy, a r 1.118 humane creature, or Ordinance of man, because instituted, limited, and moulded into se∣verall degrees of power by men over whom they reigne; but likewise by two expresse deter∣minations of Aristotle in these termes,s 1.119 Regna patriis moribus & legibus FUNDA∣TA & CONFIRMATA SUNT. Andt 1.120 Verum Regnum est imperium majo••ibus & praestantioribus viris VOLUNTATE CIVIUM DELA∣TUM, seconded byu 1.121 Tully, Livie, and others.

It is the unanswerable Argument of Marius Salamonius (an* 1.122 incomparable Roman Lawyer and Philosopher) in his Lib. 1. de Principatu, p. 17 to 27. Printed at Paris, 1578. Cumprivilegio Regis; To prove, The whole Kingdome and people the Soveraigne power, greater than the Prince, and the Prince (be he King or Emperour) inferiour un∣to them; because he is not onely their Servant, but creature too; being originally created by, and for them. Now as every Creator, is of greater power and authority than its creature, and

every cause greater then its effect: So the Authority and power of the people which creates the Prince and Princely power, and augments or limits it as there is cause, must needs be greater, then the Prince or royall power. Who though he be greater than any private subject or magistrate, over whom he rules; yet he is still inferiour to all the people and kingdome, whose Servant or Creature he is, and by whose authority he doth and manageth all things. And though Princi∣palities generally considered be of God; yet the constitution of Princes, and their severall de∣grees of power are meerely from men: for if the regall Authority of Kings were meerely from the Law of God, or nature (as many ignorant Court Doctors now Preach and write) it should be the same, and like it selfe in all kingdomes, the same among the Romans, as Par∣thians, Scythians, Medes, and other Nations; But it is not the same among all these Nations, but different, such, Qualis suo cuique placet populo, as every People pleaseth to prescribe and make choyce of; the Power, Rights, and Royalties of the Kings of the Parthi∣ans, Medes, and Scythians, being such as the Parthians, Medes and Scythians please; therefore the Rights and Prerogatives of the Roman Empire and Emperours, (and of the kingdom and King of England too) such as the Romans pleased, and prescribed by their Lex Regia: Which he there prosecutes at* 1.123 large. And it is the direct conclusion, not onely of this Authour, but likewise of Iohn Mariana a Spanish Jesuite in his Booke De Rege & Regis institutione, l. 1. c. 8. Dedicated to King Philip the third of Spaine, and Printed by his and the Emperours speciall Priviledge both in Spaine and Germany; That the whole Commonweale, kingdome and people, are of greater power and Authority than the King; as for other reasons, so for this, that he is but their Creature, Servant, and derives all his Royall Authority from them alone, not for his owne, but their service, and be∣nefit, who may enlarge or restraine it as they see just cause. And not to trouble you with Foraine Authorities in this point, which are infinite; I shall onely acquaint you with the resolutions of some eminent ancient Lawyers of our owne.

Andrew Horne, an eminent Lawyer in Edward the first his Reigne, in his Myrrour of Iustices; Chap. 1. Sect. 2. p. 7, 8, 9. writes thus of the originall institution of our English Monarches. After that God had abated the Nobility of the Britaines, who rather used force than right, he delivered it to the most humble and simple of all the neighbour Nations, the Saxons; who came from Germany to conquer it, of which Nation there have beene forty Kings, all which held themselves to have COMPANIONS.

These Princes cal∣led this Land England, which before was named Greater Britaine. These after great warres, elected from among them a King to Reigne over them, to governe the peo∣ple of God, and to maintaine and defend their persons and goods in peace, by the Rules of Law (or Right:) And at the beginning they caused the King to sweare, that he will maintaine the holy Christian faith to the utmost of his power, and guide his people by Law, without respect to any person, and shall be obedient to suffer (or undergoe) Law, as well as others of his people. And afterwards this Realme was turned to an heritage, according to the number of the Companions, who divided the Realme into 38. Counties, and delivered each one a County to keepe and defend from Enemies, according to every ones estate. And although the King ought to have no Peeres in the Land, yet because if the King of his owne wrong should offend against any of his people, neither he, nor any his Commissa∣ries, can be both Judge and Party; OF RIGHT IT BEHOVES, that the King should have COMPANIONS, for to ••eare and determine in Parlia∣ments all the Writs and plaints of the wrongs of the King, the Queene, and their

children, and of those especially, of whose wrongs they could not otherwise have common right. These Companions are now called Counts, after the Latine Comites; and so at this day these Countries are called Counties, and in Latine Comitatus, &c.

Henry de Bracton, who writ in Henry the third his Reigne, as in his forecited Passa∣ges; so in others, resolves;x 1.124 That the King is under the Law, because the Law makes him a King, by giving him dominion and power. Now how doth the Law thus make him a King, but by the Parliament, the Kingdomes great Counsell? by whose Counsell and consent alone, all Lawes were first enacted, and yet are, as they 1.125 same Authour in∣formes us, who further addes. That the King ought to be under the Law, because Christ whose Vicar he is on earth, when be came to redeeme mankinde, made choyse of this way especi∣ally to destroy the workes of the Devill, using not the strength of his power, but the reason of his justice, and so would bez 1.126 under the Law, that he might redeeme those that are un∣der the Law; Thus the Virgin Mary the mother of our Lord, who by singular pri∣viledge was above the Law, yet to shew an example of humility, refused not to be a 1.127 subject to Legall Ceremonies. So therefore the King, lest his power should re∣maine unbridled, there ought not to be a greater than he in the Kingdome in the exhibition of Justice; yet he OUGHT TO BE THE LEAST, or AS THE LEAST IN RECEIVING JUDGEMENT, if he require it.b 1.128 That a King is created and elected, (by whom but by his kingdome?) to this purpose, to doe justice unto all.c 1.129 That a King cannot doe any thing else in earth (seeing he is Gods Minister and Vicar) nisi id solum quod de jure potest: but that onely which he can doe by Law. That God, the Law, and his Court (to wit) the Earles and Barons (in Parliament) are above the King, and ought to bridle him, and are thence called Comites, because they are the Kings Companions. Fleta an an∣cient Law-booke, written in King Edward the third his Reigne, l. 3. c. 3. & 17. useth the selfe-same words that Bracton doth; and concludes That the King hath a Superior, to wit, God, and the Law, by which he is made a King, and his Court of Earles and Barons; to wit, the Parliament.

Fortescue a Lawyer, Chancellour to King Henry the sixt, proves at large, That d 1.130 the King of England cannot alter nor change the Lawes of his Realme, at his pleasure; for why, be governeth his people by power not onely Royall, but Politique. If his power over them were royall onely, then he might change the Lawes of his Realme, and charge his Subjects with tallage and other burthens, without their consent; and such is the Dominion the Civill Lawes purport, when they say; The Princes pleasure hath the force of a Law. But from this much differeth the power of a King whose Government over the people is Po••itique; For HE CAN NEITHER CHANGE the LAW without the consent of his Sub∣jects, NOR YET CHARGE THEM WITH STRANGE IM∣POSITIONS AGAINST THEIR WILL. Wherefore his people doe frankely and freely enjoy and recover their owne goods, BEING RULED BY SUCH LAWES AS THEMSELVES DESIRE, neither are they pilled off their their owne King or any other. Like pleasure also should the Subjects ••ave of a King ruling onely by Royall power, sol ong as he falleth not into tyranny, St. Thomas in the Booke he wrote to the King of Cyprus, justifieth the State of a Realme to be such, that it may not be in the Kings power to oppresse his people with tyranny; which thing is perfomed onely, when the power Royall is restrained by power Politique. Rejoyce then O* 1.131 Soveraigne Prince, and be glad, that the Law of the Realme wherein you shall

succeed is such, for it shall exhibit and minister to you and your people no small security and content, Chap. 10, 11, 12. He showes the different sorts of Kings or kingdomes, some of greater, others of lesser power; some elective, others successive; proceeding meerely from the peoples free consents and institution, and that the ancient Aegyp∣tian, Aethiopian, and other Kings, were subject to, and not above their Lawes, quo∣ting sundry passages out of Aristotle, concerning the originall of kingdomes. Chap. 13. He proceeds thus:

A People that will raise themselves into a kingdome or other Politique body, must ever appoint one to be chiefe Ruler of the whole bo∣dy; which in kingdomes is called a King. In this kinde of Order, as out of an Embryo ariseth a body naturall, ruled by one head, because of a multitude of peo∣ple associated by the consent of Lawes, and communion of wealth, ariseth a king∣dome, which is a body mysticall, governed by one man as by an head. And like as in a naturall body, the heart is the first that liveth, having within it blood, which it distributeth among the other members, whereby they are quickned; semblably in a body Politique, THE INTENT OF THE PEO∣PLE is THE FIRST LIVING THING, having within it blood; that is to say, Politique provision for the Utility and wealth of the same people; which it dealeth forth and imparteth AS WELL TO THE HEAD as to the Members of the same body, whereby the body is nourished and maintained, &c. Furthermore, the Law under which a multitude of men is made a people, re∣presenteth the forme of sinews in the body naturall; because that like as by sinews the joyning of the body is made sound; so by the Law, (which taketh the name a Ligando, from binding) such a Mysticall body is knit and preserved together, and the members and bones of the same body, (whereby is represented the sound∣nesse of the wealth, whereby that body is sustained) doe by the Lawes, as the na∣turall body by sinewes, retaine every one their proper function. And as the head of a body naturall cannot change his Sinewes, nor cannot deny nor with-hold from his inferiour members, cheir proper powers, and severall nourishments of blood: SO NEITHER CAN THE KING (who is the head of the Politique body) CHANGE THE LAWES OF THAT BODY, nor with-draw from the said people THEIR PROPER SUBSTANCE AGAINST THEIR WILLS OR CONSENTS. For such a King of a kingdome politique, is made and ordained for THE DEFENCE OF THE LAWES OF HIS SUBJECTS, and of their bodies and goods. WHEREUNTO HE RECEIVETH POWER OF HIS PEOPLE, SO THAT HEE CANNOT GOVERNE HIS PEOPLE BY ANY OTHER LAW. Chap. 14. be addes, No Nation did ever of their owne voluntary minde incorporate themselves into a kingdome FOR ANY OTHER INTENT, BUT ONELY TO THE END, that they might thereby with MORE SAFETY THEN BEFORE MAINETAINE THEMSELVES, and enjoy THEIR Goods free from such misfortunes and losses as they stood in feare of. And of this intent should such a Nation be defrauded utterly, IF THEIR KING MIGHT SPOYLE THEM OF THEIR GOODS, WHICH BEFORE WAS LAWFULL FOR NO MAN TO DOE. And yet should such a people be much more injured, if they should afterwards be

governed by Foraine and strange Lawes, and such peradventure as they deadly hated and abhorred, and most of all, if by those Lawes their substance should be diminished; for the safeguard whereof, as also for their honour, and of their owne bodies, THEY OF THEIR OWNE FREEWILL SUBMITTED THEMSELVES TO THE GOVERNE∣MENT OF A KING. NO SUCH POWER FREELY COULD HAVE PROCEEDED FROM THEM; and yet IF THEY HAD NOT BEENE, SUCH A KING COULD HAVE HAD NO POWER OVER THEM.

And Chap. 36. f. 86. He concludes thus.

The King of England, neither by himselfe nor his Mi∣nisters imposeth no Tallages, Subsidies or any other burthens on his Lieges, or changeth their Lawes, or make new ones without the concession or assent OF HIS WHOLE KINGDOME EXPRESSED IN HIS PAR∣LIAMENT.

Thus and much more this Learned Chancellour in point both of Law and Conscience, sufficient to stop the mouthes of all Malignant Lawyers and Royalists, being Dedicated to and approved by one of our devoutest Kings, and written by one of the greatest and learnedest Officers of the Kingdome in those dayes.

In few words,f 1.132 Raphael Holinshed, Iohn Vowell and others, in their Descrip∣tion of England, Printed Cum Privilegio, resolve thus of the Parliaments power. This House HATH THE MOST HIGH AND ABSOLUTE POW∣ER OF THE REALME, for thereby KINGS AND MIGH∣TY PRINCES HAVE FROM TIME TO TIME BEENE DEPOSED FROM THEIR THRONES, and Lawes are enacted, and abrogated, Offenders of all sorts punished, and corrupted Religion, either disanulled or reformed. It is THE HEAD AND BODY OF ALL THE REALME, and the place where every particular man is intended to be present, if not by himselfe, yet by his Advocate and Atturney: For this cause any thing that is there enacted, is not to be withstood but obeyed of all men, without contradiction or grudge: and to be short, all that ever the people of Rome might doe, either 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 their Kings and Emperours, and like∣wise to judge, censure, and depose them; to create and elect all kindes of Officers, and to* 1.133 change the very forme of their State and Government (as I shall hereafter manifest:) Therefore by these Authours resolution, the Parliament hath an abso∣lute power to doe the like, when they see just cause. Sir Thomas Smith one of the Principall Secretaries of State of King Edward the 6. and Queene Elizabeth, and a Doctor of Law, in his Common-wealth of England, l. 2. c. 1. in the old, but 2. in the last Edition, hath the same words in effect with Holinshed, and addes, that the Parliament giveth forme of Succession to the Crowne, &c. Our Kings Royall power being then originally derived to them, conferred on them by the Peoples and kingdomes common consents in Parliament, and all their new additionall Prerogatives too, as the premises evidence, it cannot be denyed, but that the whole kingdome and Par∣liament, are really in this sense above him, and the most Soveraigne primitive power from whence all other powers were, and are derived.

Fourthly, This is undeniable, because the whole kingdome in Parliament, may

not onely augment, but likewise abridge, allay, abolish, and resume some branches of the Kings royall power and prerogative if there be just cause, as when it becomes onerous, mischievous, or dangerous to the Subjects, inconvenient to, or inconsistent with the kingdomes, peoples welfare, peace, safety, Liberty, or the Lawes; This is most apparent by Magna Charta; Charta de Foresta, Statutum De Tall agio non concedendo, Articuli super Chartas, Confirmatio Chartarum, 1 E. 3. c. 6, 7. 2 E. 3. c. 2. 8. 3 E. 1. c. 35. 9 E. 3. c. 12. 5 E. 2. c. 9. 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. 37 E. 3. c. 18. 42 E. 3. c. 3. 10 R. 2. c. 1. 11 R. 2. c. 1. to 7. 1 R. 3. c. 2. 4 H. 4. c. 13. 21 Jac. c. 3. 24. 7 H. 8. c. 3. The Petition of Right, 3 Caroli, most Statutes against Pur∣veyens, Pardons, Protections, and for regulating the Kings Charters, Grants, Revenues: the Acts made this Parliament against Ship-money, Knighthood, Forest-bounds, Pressing of Souldiers, the Star-Chamber, High-Commission, the Trienniall Parliament, the continu∣ance of this Parliament, whiles they please, withg 1.134 sundry other Acts, which restaine, abridge, repeale, resume divers reall and pretended branches of the Kings royall Pre∣rogative, because they proved grievous, mischievous, dangerous, pernicious to the people and kingdome. This then answers that irrationall, groundlesse position of Doctor Ferne; Thath 1.135 the Subjects neither lawfully may, nor ought in any case to resume all or any part of that Regall power wherewith they have once invested their Kings by common consent, though it prove never so mischievous, and be never so much abused to the peoples pre∣judice. Which, as it is contrary to that received principle of nature and reason: Eo∣dem modo quo quid constituitur, dissolvitur, That all Governments created by mens con∣sents, especially being but officers in trust for their good and welfare onely; toi 1.136 sundry presidents and Prophesies in Scripture concerning the Alterations, Subversions, Diminu∣tions of Kings and kingdomes; to the constant practise ofk 1.137 all Realmes, all States whatsoever, from Adam till this instant, who have undergone many strange alte∣rations, eclipses, diminutions, yea Periods of Government: to the Resolution of l 1.138 Aristotle, and all other Politicians, who hold all formes of Government changea∣ble and revocable, without any injustice, if necessary or convenient; So likewise to the very end for which Kings have regall power (as well as other Governours, and Governe∣ments) and for which they were ordained; to wit, their kingdomes, peoplesm 1.139 wel∣fare, safety, peace, protection, &c. Salus populi, being not onely that Suprema Lex, but principall end for which all royall power was instituted by God and Man, and to which it must submit in case it becomes incompatible, or inconsistent with the publique weale or safety: What therefore that learned Father Augustine Bishop of Hippo, long since resolved touching the (now much contested for) Lordly State of Episcopacy, which he and neere three hundred African Bishops more, were then ready to lay downe for the Churches peace; I may fitly apply to the now over-much contended for supposed roy∣all Prerogatives of Kings, to effect peace in our State, in these times of uncivill mi∣litary (that I say not bloody) dissentions, raised about them betweene King and Par∣liament, An•• vero, &c.n 1.140 What verily did our Redeemer descend from heaven into hu∣mane members, and shall we, lest his very members he rent in pieces with cruell division, feare to d••scend out of out Thrones? we are ordained Bishops for Christian peoples sake, what therefore may profit them for Christian peace, that let us doe with our Bi∣shoprickes. Quod autem sum propter te sim, si tibi prodest, non sim, si tibi obest. What I am, I may be for thee, if it profit thee; I may not be, if it be hurtfull to thee. If we be profitable servants, why doe we envy the eternall gaines of our Lord for our tem∣porall

sublimities or Prerogatives? Our Episcopall dignity will be more fruitfull to us, if being laid downe it shall more unite the flocke of Christ, than disperse it if re∣tained. If when I will retaine my Bishopricke I disperse the flocke of Christ, how is the dammage of the flocke the honour of the Shepherd? &c. Old statute Lawes, yea the common Law of England, though above the King and his Prerogative, may be, and oft are repealed and altered by Parliaments, when they become mischievous or inconvenient; therefore by like or greater reason, may any branches of the Kings Prerogative, inferiour to these Lawes, be restrained, yea resumed, when they prove grievous or dangerous to the Subject: It is the Kings owne professed Maxime, in full Parliament;o 1.141 (Printed and inrolled by his speciall command, in all his Courts) That the Kings Prerogative is but to defend the Peoples Liberties: when therefore it either invades or subverts them, it may justly, it must necessarily be restrained, diminished or resumed by the Parliament, from whose assent or grant, it first proceeded, and that onely for the publique weale, not prejudice of the people. The Emperourp 1.142 Otho the first, and our King Richard and second (asq 1.143 some imagine) voluntary resigned, relinquished their Crownes, to their immortall honour, to prevent the effusion of their Subjects blood, by civill warres, and settle peace within their Realmes: and shall not o∣ther Kings then most joyfully part with some Punctilioes of their reall, or branches of their supposed Prerogatives for the selfesame ends, if their Parliaments see good cause to resume them, and of right may doe it?

Fifthly, The King though he be the chiefe and principall (yet he is onely one member of the Parliament and kingdome, the least (because but one person) though the highest branch; the Lords and Commons (not elected by, but assigned Coun∣sellors to the King, by the kingdome and people) being the greatest and most con∣siderable part, as representing the intire body of the Kingdome. Now common rea∣son, Law, and experience manifests, and Aristotle Polit. l. 1. c. 2. with Marius Sala∣monius, de Principatu, l. 1. p. 40, 41. conclude, that the whole, or greatest part in all po∣litique or naturall Bodies is of greater excellency, power, and jurisdiction, than any one parti∣cular member. Thus in all ourr 1.144 Corporations, the Court of Aldermen and Common Coun∣cell is of greater power than the Mayor alone, though the chiefe Officer: the Chapter of greater au∣thority than the Deane, the Deane and Chapter than the Bishop; the whole Bench, than the Lord chiefe Iustice, the whole Councell than the President; the whole Parliament then either of the Houses: and by like reason than the King; especially, since one of the three Estates is lesser than the three Estates together; who in Parliament, by the fundamentall Constitutions of the Realme, are nots 1.145 Subordinate, but Coordinate parts of the same great Common-Councell of the kingdome. It is Aristotles expresse determina∣tion, t 1.146 that in an Oligarchie, Aristocracie, and Democracie, whatsoever seemes good to the major part of the Governours of the Common-wealth, that is ratified; that the whole City, Kingdome, Family, is more excellent, and to be preferred before any part or member thereof. And that it is unfit the part should be above the whole: And in all Courts of Justice, Corporations, and Elections,u 1.147 the major part have alwayes had the greatest sway, and constantly over-ruled the lesse, though it be but by one casting voyce; as is evident to all in the Elections of Knights, and Burgesses of, and votes in the Parliament; in which thex 1.148 King, Lords and Commons, by the Common Law, make up but one intire Corporation: since then even in Parlia∣ment it selfe, the major part over-swayes the rest, yea the King himselfe (who hath

no absolute negative voyce, but onely in refusing to passe some kind of Bills not all (of which more hereafter) doubtlesse the whole, ory 1.149 major part of the Parlia∣ment (which in Law is the whole) is above the King, the chiefe member of it. Which consideration, together with the Statutes of 5 R. 2. State. 2. c. 4. 6 H. 8. c. 16. Enacting, That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or pro••ogued, without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke, under paine of amercement, losse of wa∣ges, & other punishment; nor* 1.150 any Member of the Vpper House without that Houses license un∣der paine of inditement, imprisonment or fine; as appeares by the Bishop of Winchesters case, 3 E. 3. 19. Fitz. Coron. 161. and Stamford, l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament; that the King and many of the other Members have wilfully absented themselves from the House, (of pur∣pose to dissolve it if they could, notwithstanding the late speciall Act made by their joynt consents 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 Logicke) the lawfull proceedings of those worthy faithfull members who continue in it, to preserve both Parliament, Kingdome, Religion, Lawes, Liberties, from ruine and dissolution. If these absent Members be the greater number, why doe they not come and over-vote the rest in the House in a peaceable, legall, usuall Parliamentary way, rather than challenge them into the field in a military, illegall, unusuall bloody manner, unheard of in former ages? If the lesser party, then present or absent the major part must over-rule them volens nolens, as it hath ever used, unlesse they will be wilfuller (I cannot say wiser) than all their predecessors put together.

As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors;* 1.151 so much insisted on by Malignants.

I answer,* 1.152 First, That it was without any just cause given by the Parliament. Se∣condly, It was much against their wills, who havea 1.153 oft importuned, petition∣ed, and used all possible meanes to procure his returne. Thirdly, His absence was procured, and is yet continued by those alone, who most unjustly taxe the Parlia∣ment for it, and would take advantage of this their owne wrong. Fourthly, though he be personally absent as a man, yet he is still Legally present in Parliament, (cal∣led the Kings presence) as he is a King; as he is in all other his Courts of Justice, where all proceedings are entred,b 1.154 Coram Rege, though the King never yet sate personally in either of them, as he hath oft times done in this Parliament; for the continuance whereof he hath passed such an Act, as will inseparably tye his royall presence to it, though the Cavaliers about him should be force with-draw his person from it, not onely as farre as Yorke, but the remotest Indies; yea, he must first cease to be King of England, ere he can be legally absent from his Parliament of England. This his wilfull personall absence from his greatest Counsell which desires and needs it, is (as many conceive) an Act of the highest injustice that ever any Prince could offer of his Parliament, worse thanc 1.155 Rehoboams forsaking the counsell of his ancient Sages, to follow the hare-brain'd advise of his young Cavaelieres; for though he followed not their ancient prudent counsell, yet he with-drew not himselfe from them, as his Majesty now severs himselfe from his Parliament, not only without but against all precedents of his Royall predecessors, except Kingd 1.156 Richard the second (who once absented himselfe from his Parliament above forty dayes, yet then returned to

it upon better advise) and the very common custome and Law of the Land, (which he is obliged by his Coronation Oath, and many late Protestations added to it, constant∣ly to maintaine.) This appeares most clearely by the ancient Treatise, Of the manner of holding of Parliaments in England, both before and since the Conquest, (* 1.157 tendered to and approved by the Conquerour himselfe, newly Printed 1641.) which in the Section, Touching the Kings absence from Parliament, resolves thus. The King is BOUND by all meanes possible TO BE PRESENT AT THE PAR∣LIAMENT; unlesse he be detained or let therefrom by bodily sicknesse, and then he may keepe his Chamber, yet so as he lye not without the Manour, or Towne at the least, where the Parliament is held: and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament, that is, two Bishops, two Earles, two Barons, two Knights of the shire, two Burgesses, and two Citizens, to looke upon his person, to testi∣fie and witnesse his estate, and give* 1.158 Authority to the Arch-bishop of the place, the Steward of England, and chiefe Iustice, that they joyntly and severally should begin the Parliament, and continue the same in his name, (See 8 H. 5. c. 1. Cromptons Iurisdiction. f. 13. a. 17. b. according herewith) expresse mention being made in that Commission, of the cause of his absence there, which ought to suffice. The reason is, because there was w••nt to be a cry and murmure in the Parliament for the Kings absence, because his absence is hurtfull and dangerous to the whole commonalty of the Parliament, neither indeed OUGHT, OR MAY HE BE ABSENT, BUT ONELY IN THE CASE AFORE∣SAID. And whereas Malignants clamour, that most of the Lords are absent as well as the King, and therefore this can be no lawfull Parliament; The same Authour will informe them; That if the Lords be once summoned to Parliament, and then appeare not, or absent themselves, the King may hold the Parliament with the Commonalty and Com∣mons of the kingdome (every of which hath a greater voyce in Parliament then the greatest Earle in England, because he represents a whole County, Towne, or City, the other himselfe alone) without Bishops, Earles, or Barons; because in times past, be∣fore there was either Bishop, Earle, or Baron, yet even then Kings kept their Parliaments; but on the contrary, no Parliament can be kept by the King and Peeres, if all the Commons (for the Kings misgovernment, or such like cause) should absent themselves. This is the judgement ofr 1.159 Master Iohn Vowel too, who writes in this manner: Yet neverthe∣lesse, if the King in due order have summoned all his Lords and Barons, and they will not come: or if they come, they will not yet appeare: or if they come and appeare, yet will not doe or yeeld to any thing, then the Kings with the consent of his Commons, may ordaine and establish any acts or Lawes, which are as good, sufficient and effectuall, as if the Lords had given their consents. But on the contrary, If the Commons be summoned and will not come, or com∣ming will not appeare, or appearing will not consent to doe any thing, illedging some just, weigh∣ty, and great cause; the King in these casesd 1.160 cannot with his Lords devise, make, or establish any Law. The reasons are these, When Parliaments were first begun and ordai∣ned, there were no Prelates or Barons of the Parliament, and the temporall Lords were very few or none; and then the King and his Commons did make a full Parliament, which Autho∣rity was never hitherto abridged. Againe, every Baron in Parliament, doth represent but his owne person, and speaketh in the behalfe of himselfe alone. But in the Knights, Citizens, and Burgesses are represented the Commons of the whole Realme, and every of these giveth not consent onely for himselfe, but for all those also for whom be is sent. And the King with the consent of his Commons had ever a sufficient and full authority, to make, ordaine, and establish

good and wholesome Lawes for the Commonwealth of his Realme. Wherefore the Lords be∣ing lawfully summoned and yet refusing to come, sit, or consent in Parliament, cannot by their folly, abridge the King and the Gommons of their lawfull proccedings in Parliament. Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament; Printed Cum Privilegio. And Sir Edward Cooke, in his Institutes on Magna Charta, proves that the Lords and Peeres in many Charters and Acts, are included under the name of the Commons and Commonalty of England. But we need not retire to this last doubt∣full refuge; the Honourable faithfull Lords now present, though not so many as could be desired, are the intire House of Peeres in judgement of Law, (as those pre∣sent at the election of Knights of the Shire, or Burgesses (though the major part be negligently or wilfully absent) are the whole Shire or Burrough) and the wilfull absence of the residue, though the greater number, beinge 1.161 contrary to Law, con∣trary to the Priviledges of Parliament, and their late Protestations, tending to the very subversion of Parliaments (for which high contempt they and their* 1.162 Posteri∣ties too, may justly be disabled for ever to sit as members of that House, which they have so dishonourably, if not treacherously, deserted, even asf 1.163 well as Knights and Burgesses, whose personall attendance is so necessary, that if during the Parliament, they absent themselves from it, about any businesses of their owne, without leave of the House, or be so sicke, or elected Mayors of a Towne, or any other judiciall Officers, so as they cannot at∣tend the service of the House, they may thereupon be lawfully expelled the House, and a new Writ expressing the cause of their removall, shall issue for a new election of others in their pla∣ces, to make the House compleat, as was resolved by the Commons House, 38 H. 8. Br. Parliament 7.) can no more disable those now present from being a true and lawfull House of Peeres, than the multitudes departing from the true Church of God, to the fa••se, disprove it to be the true Church of Christ,g 1.164 whose true flocke is but little. In a wordh 1.165 divers Parliaments have beene kept and held, and* 1.166 Acts made without Bishops or Abbots heretofore, even while they were reputed members of the Lords House, and one of the three Estates in Parliament; therefore this Parliament (which hath taken away Bishops Votes for ever) may be lawfully held, notwithstanding any Lords or Com∣mons wilfull absence from it in person; who yet as long as they are members of the Parliament, shall still be adjudged legally present, whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement, and make binding Orders, though the Chiefe Justice and his fellowes be negligently or wilfully absent: Much more then may the Lords and Commons now present, doe the like, in case of the Kings and other Members wilfull absence, of purpose to ruine both Parliament and Kingdome, against which they are now in armes, and have le∣vyed open warre.

Sixthly, it is most apparent both byi 1.167 Scripture, the verdict of allk 1.168 Politicians and writers of note, thel 1.169 Statutes of our Realmes and Lawyers, that kingdomes, Subjects,

and Parliaments, were not created by God for the wils, pleasures, profit or benefit of Kings, who by birth and nature differ not at all from the meanest of their Subjects; but Kings were at first constituted, and still continued for the protection, welfare, benefit, service of their king∣domes, Parliaments, People, whose publicke Servants, Ministers, Shepherds, Fathers, Ste∣wards, and Officers they are. Now Nature, Reason, andm 1.170 Scriptures resolve, that he who is instituted meerely for the benefit and service of another (as all then 1.171 Creatures were created for mans use, and therefore are inferiour unto man in dignity and power) is of lesse dig∣nity, power, and jurisdiction, than the intire body of those for whose good he was instituted; as theo 1.172 servant is inferiour to his Master; thep 1.173 Wife to her Husband, for whom they were created; the Mayor to the whole Corporation; and the King to his whole Kingdome and Parliament: which consideration hath caused sundry Kings and Emperours, not onely to adventure their lives in bloody battles, but to lay downe their Crownes for the peace and safety of their Subjects; witnesseq 1.174 Otho the first, and others; with the Examples of Moses, Exod. 32. 9. to 15, 32. Numb. 14. 11, to 15. of David, 2 Sam. 29. 17. 1 Chron. 21. 17. and Iohn 10. 11. 15. with other pre∣cedents which I pretermit. And the reason is apparent, for if the King be slaine in defence of the kingdome or People, yet the kingdome and people may remaine se∣cure, and another succeed him in that office of trust, (In which respect a Politique body differs from a Naturall, that it hath life, continuance, and meanes to guide, defend, and Order it selfe, though the King and head be cut off by death.) But if the Realme and People be destroyed, though the King survive them as a Man, yet he must necessarily perish in and with them as a King, since he cannot possibly be a King without a kingdome and people; for whose good and safety alone he was made a King. Hence Aristotle, Polit. l. 3. c. 4. and Marius Salamonius, de Principatu, l. 2. p. 50. define a Principality, to be A just Government for the benefit of the people, respecting onely the publique good and welfare, not its owne private advantage. Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Common-wealth. That as he is a Prince, he neither mindes nor commands what is advantagious to himselfe, but what is beneficiall to his Subjects; and whatever he saith or doth, he saith and doth it for the profit and honour of the Republicke; which Cicero in his Offices hath more elegantly thus transla∣ted; As the defence, so the procuration of the Common-weale is to be managed to be benefit of those who are committed, not of those to whom it is committed. And de Finibus l. 3. A good and wise man, not ignorant of his civill Office, is more carefull of the utility of all, than of any one, or of his owne: Neither is a Traytor to his Country to be more dispraised, than a de∣serter of the common profit and safety, for his owne profit and safety. And the Emperour * 1.175 Iustinian used this golden sentence. Quod communiter omnibus prodest, hoc privatae nostrae utilitati praeferendum esse censemus; nostrum esse proprium, subjectorum commodum Imperialiter existimantes: Imperialis benevolentiae hoc esse judicantes, in omni tempore Subjectorum commodatam investigare, quam eis mederi procuremus. I shall conclude this with* 1.176 Salamonius his words. Let the Prince be either from God, or from men, yet think not that the world was created by God, and in it men, that they should serve for the benefit of Princes; for it is an absurdity, above what can be spoken, to opine that men were made for Princes, since God hath made us free and equall: But Princes were ordained, ONE∣LY FOR THEIR PEOPLES BENEFIT, that so they might inno∣cently preserve humane and civill societie with greater facility, helping one the other with mu∣tuall benefits: Which he there largely proves by sundry Histories and Authorities.

That of* 1.177 Peter Matthew being a certaine verity. All the Actions of a Prince must tend to the good and health of his people, for whom he lives, and more than for himselfe, as the Sun doth not shine and give heat, but for men, and the elements. The King then being made King, onely for the Kingdomes, Parliaments, Peoples service, must needs (in this regard) be inferiour to, not Paramount them in absolute Soveraigne power; though greater,* 1.178 better than any particular Subjects.

Seventhly, The Parliament (as ourr 1.179 Law-bookes, ands 1.180 Writers resolve) is the most high and absolute power, the supreamest and most ancient Court of the Realme of England, and hath the power of the whole Realme, both Head and Body; and among other Priviledges this is the highest, that it is above the Law it selfe, having power upon just grounds to alter the very common Law of England; to abrogate and repeale old Lawes, to enact new Lawes of all sorts, to impose taxes upon the people: Yea, it hath power to declare the mean∣ing of any doubtfull Lawes, and to repeale all Patents, Charters, Grants, and Iudgements whatsoever of the King or any other Courts of Iustice, if they be erroneous or illegall, not onely without, but against the Kings personall consent, so farre as finally to obliege both King and Subjects. Now it is cleare on the contrary side, that the King hath not the power of the whole Realme vested in his person, that het 1.181 and his Prerogative are not a∣bove, but subordinate to the Lawes of the Realme; that he cannot by his absolute regall power, alter the Common Law of the Realme in any particular point what∣soever, that he cannot repeale any old, nor enact any new Law whatsoever, nor impose the least taxe or common charge upon his people, nor imprison their persons, distraine their goods, declare any Law, or reverse any judgement in the meanest of his Courts, without or against his peoples joynt consents in Parliament; For Po∣test as sua Iuris est & non injuriae; &, Nihil aliud potest Rex in terris, nisi ID SOLUM QUOD DE JURE POTEST. Bracton l. 3. c. 9. f. 107. Therefore with∣out any peradventure, the Parliament in this regard is the most Soveraigne Autho∣rity, and greater in jurisdiction than the King.u 1.182 Iohn Bodin that great Lawyer and Politician, resolves; That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes to all his Subjects in generall, and to every of them in particular without consent of any other greater, equall, or lesse than himselfe. For if a Prince he bound not to make any Lawes, without the consent of a greater than himselfe, he is then a very Subject: if not with∣out his equall, he then hath a Companion (asx 1.183 Bracton and others forecited, say our English King hath; namely his Earles and Lords, thence stiled Comites:) if not with∣out the consent of his inferiours, whether it be of his Subjects, or of the Senate, or of the People; he is then no Soveraigne. Whence it followes, that the Kings of England, who can∣not make any Law to obliege either all or any of their Subjects, nor impose any Taxes, nor repeale any Common or Statute Law, but in and by their Parliaments, are no absolute Soveraigne Princes (as some Royalists and Court Divines, most falsly averre them to be) but meere mixt Politique King, inferiour to their Lawes and Parliaments, the sole Law-makers, Law-alterers, though not against, but with the Kings assent, considered not abstractively as Kings, but copulative as a branch and member of the Parliament. And indeed to speake impartially, though the Kings Royall assenty 1.184 be generally requisite to passe and retifie Lawes: yet I hum∣bly

conceive, that the originall, prime, Legislative power of making Lawes to binde the Subjects and their Posterity, rests not in the Kings owne Royall person, or Ju∣risdiction, but in the Kingdome, and Parliament, which represents it.

For first, admit the King should propound any Lawes to his people (as Kings and Law-givers usually did at first) yet these Lawes would not wayes obliege them, unlesse they voluntarily consented and submitted to them in Parliament; and the sole reason why our Acts of Parliament binde the Subjects in former times, and at this day, is, not because the King willed themz 1.185 but because the people gave their generall consents unto them in Parliament, as Sir Thomas Smith in his Com∣mon-wealth of England, Holinshed, the Prologues to most ancient Statutes, (the King by the advise, and assent of the Lords Spirituall and Temporall, and Commons, and at the speciall request of the Commons in Parliament assembled, and by THE* 1.186 AU∣THORITY OF THE SAME PARLIAMENT, doth grant and ordaine, &c.) The Kings Coronation Oath, Quas vulgus Elegerit and all our Law∣bookes resolve, and that upon this received Maxime of Law; Quod omnes tangit ab omnibus debet approbari. Hence* 1.187 Marius Salamonius defines a Law to be, Expressa Civi∣um Conventio; and averres, that Ligatur populus suis legibus, quasi pactis conventis, quae ve∣rae sunt Leges: And he likewise proves at large, That the Lawes to which Princes assent are more the Peoples Lawes than the Kings, because Kings doe passe and grant them but as the publicke Ministers of the people, and by their command and direction, and they could neither assent to Lawes, nor doe any other Act of Royalty unlesse the people had given them such authority: with which Fortescue concurres, c. 9. 13, 14. The King in passing Bils, doth but like the Minister in Marriage, declare it to be a Law; but it is the parties consents which makes the Marriage, and the peoples onely that makes it a Law to binde them; whence those ina 1.188 Scotland, Ireland, Man, Garnsey, and Iersie are not bound by our English Statutes, nor Tenants in Ancient Demesne, as hath beene oft times judged; because they consented not to them. Therefore the chiefe Legi∣slative power is in the people and both Houses of Parliament, not in the King: as it was in the Roman State, where theb 1.189 people had the Soveraigne Jurisdiction of making and confirming Lawes to binde them, not their Kings, Emperours, or Senate, as I shall hereafter manifest.

Secondly, This appeares by the case ofc 1.190 Customes, of By-Lawes in Corpora∣tions and Manours, which binde all the Corporation and Tenants (if they be rea∣sonable) without the Kings or Lords consents, by reason of their mutuall assents alone; and as these private By-Lawes oblige all those who consent to them by rea∣son of their ownefree assents onely, so doe all publicke Acts of Parliaments obliege all Subjects, onely because of their generall assents to them in their Knights, Citizens, and Burgesses, elected by andd 1.191 representing their persons.

Thirdly, alle 1.192 Bills or Acts of Parliament are usually made, framed, altered, thrice read, engrossed, voted and fully agreed upon in both Houses, without the Kings personall knowledge or privity for the most part, before they come to have his Royall assent. And when they are thus agreed on by both Houses, the King cannot alter any one word or letter in them (as the Houses may doe) but must either ab∣solutely as••ent to, or consider further of them. And if the King send any Bill he desires to have passe, it must be thrice read and assented to in both Houses (which have power to reject, alter, enlarge, or limit it as they thinke meete) else it can be

no Act at all. A cleare Demonstration, that the chiefe power of enacting and ma∣king Lawes is onely in the people, Commons, and Peeres, not the King: who by his Writ doth purposely summon them to meete and enact Lawes, as the chiefe Le∣gislators. Witnesse this notable clause in they 1.193 Writ for the Election of Knights, and Burgesses: Ita quodiidem Milites plenam & sufficientem Potestatem pro SE & COM∣MUNITATE Comitatus praedicti, & dicti Cives & Burgenses pro SE & COM∣MUNITATE Civitatum & Burgorum praedictorum divisim ab ipsis habeant, AD FACIENDUM ET CONSENTIENDUM HIS quae tunc & ibi∣dem DE COMMUNI CONSILIO DICTI REGNI (not Regis) nostri contigerint ORDINARI super negotiis antedictis. Ita quod PRO DE∣FECTU POTESTATIS HUJUSMODI, &c. dicta negotia IN∣FECTA NON REMANEANT quovis modo: answerable to which is that clause in Pope Elutherius his Epistle to our first Christian King Lucius, about An. 185. Ex illis Dei gratia, PER CONSILIUM REGNI VESTRI SUME LEGEM, & per illam Dei potentia vestrum reges Britania regnum.

Fourthly, all publicke Acts are the whole Kingdomes Lawes, not Kings alone, made principally and solely for the Subjects benefit, if good; their prejudice, if ill: therefore the whole Kingdome (represented in and by both Houses, not the King) knowing much better what is good or bad for themselves, than the King alone, it isz 1.194 just and reasonable that they, and not the King, should be the principall Law∣makers, to binde or burthen themselves with any new Lawes, penalties or re∣straints.

This is the ground of that notable Rescript of the Emperour Theodosius to the Ro∣man Senate; which proves the Roman Emperours to have no right, nor power to declare or make Lawes, but by the Senates concurring assent and approbation, * 1.195 Humanum esse probamus, si quid de caetero in publica privatave causa emerser it necessari∣um, quod formam generalem & antiquis Legibus non insertum exposeat, id AB OM∣NIBUS autem tam Proceribus nostri Palatii, quam gloriosissimo caetu vestro, Patros con∣scripti, tractari: & si UNIVERSIS tam Iudicibus, quam VOBIS placuerit, tunc legata dictari; & sic ea denuo COLLECTIS OMNIBUS recenseri: & CUM OMNES CONSENSERINT, tunc demum in sacro nostri numinis consistorio recitari: ut UNIVERSORUM CONSENSUS, & nostrae Serenitatis authoritate firmetur. Scitote igitur, Patres conscripti, NON ALITER IN POSTERUM LEGEM a nostra clementia PROMULGANDAM nisi supradicta forma fuerit observata. Bene enim cognoscimus quod cum vestro consilio fu∣erit ordinatum ID AD BEATITUDINEM NOSTRI IMPERII ET AD NOSTRAM GLORIAM REDUNDARE. Therefore doubtlesse he deemed the Senate the chiefe Legislators, as knowing better than him∣selfe, what conduced to the beatitude of the Empire, and to his owne Imperiall ho∣nour, and never dreamed of any negative voyce annexed to his Imperiality, to deny such Acts as they once Voted for usefull publicke Lawes.

Fifthly, It is cleare, that all Acts which give any Subsidie, Taxes, Penalties, or for∣faitures to the King, are made onely by the People in Parliament, and not princi∣pally by the King, since the King cannot be said in any propriety to give any thing to himselfe. This is undenyable by the forme of penning all subsidie Bills granted by the Commons or Clergy. Your Commons assembled in your High Court of Par∣liament,

&c. humbly present your Majesty with the free and chearefull gift of two entire Subsidies, which we humbly beseech your Majesty graciously to accept, &c. Your Majesties faithfull Subjects the Prelates and Clergie, &c. with one agreement and uniforme consent, have given and granted, and by these presents doe give and grant to your Highnesse, &c. foure in∣tire Subsidies, in manner and forme as followeth. And by the Kings assent to these Bills, a 1.196 Le Roy remercy ses Loaulz Subjects accept LOUR BENEVOLENCE, &c. the Commons having the sole power to grant or denyb 1.197 Subsidies and Taxes when they see cause, and to limit the proportion of them, the manner and time of paying them; and to order how and by whom they shall be received and imployed; as all Acts of this nature manifest. If then they be the chiefe Law-makers in these Acts which lay any imposition upon the Subjects goods, or restraint on his person; then by like reason in all other penall publicke Lawes. This is infallibly cleare by the Kings* 1.198 Coronation Oath; who sweares, That he will grant, fulfill and defend ALL RIGHT FULL LAWES and CUSTOMES the which THE COM∣MONS OF THE REALME SHALL CHUSE, and shall strengthen and maintaine them after his power. If the Commons then are to chuse Lawes, and the King by his Oath bound to grant, strengthen, maintaine and defend them when cho∣sen by them, then doubtlesse they are the chiefe Legislators, not the King; whence For∣tescue c. 9. resolves, That the People of England, are ruled by such Lawes as themselves chuse or desire: And that their Lawes are their owne, not the Kings.

Seventhly, all Acts of Parliament made in the Reignes of usurpers who have no Title to the Crowne, nor right to assent to Lawes, arec 1.199 firme and good in Law, and shall binde the right heires to the Crowne, as is evident by the Lawes made by King Iohn, Henry the 4, 5, & 6. (reputed usurpers by Edward the 4.) and Richard the 3. acknow∣ledged an usurper, whose Lawes are yet in force. The reason is (as is cleare by 1 E. 4. c. 6.) because these Lawes, and all other Judiciall Acts in Courts of Justice, are the Acts of the Parliament and Courts themselves, which are lawfull; not of the usur∣ping King, who is unlawfull. Therefore certainely the Legislative power is more in the Parliament tha•••• in the King, if not wholly in it, there being Lawes and king∣domes before Kings were.

Eightly, There are good and binding Lawes in many Aristocraticall and Demo∣craticall States (as ind 1.200 Venice, the Netherlands, Geneva, Florence, Switzerland, and other Republickes) where there are no Kings at all: Yea, there were such obligatory Lawes in Bohemia, Poland, Sweden, Spaine, Hungary, and other Realmes, before they were erected into kingdomes; which remained in full force, and efficacy, and still bound both King and People after they became kingdomes; And thee 1.201 Romans, Athenians, Lacedemonians Lawes of old, made under their Kings, survived and conti∣nued in their vigour, after their Kings were abandoned, and the very forme of their states quite altered into an Aristocracy; yea the Lawes made by the Roman Senate and People, continued in force after their Emperours were erected; and the very Lex Regia (recorded byf 1.202 Salamonius) which created, limited, and defined the very Prerogative, Power and Authority of the Roman Emperours, was made onely by the Senate and People, who by that Law gave sometimes more Authority to one Emperour than to another; and restrained the power of some Emperours more than others, and subjecting them to some Lawes from which they exempted others; and therefore doubtlesse were the supreamest Law∣givers, and the Soveraigne power above the Emperour) asg 1.203 Marius Salamonius,

and* 1.204 Bodin prove at large. And the Emperour Theodosius is not ashamed to professe as much in his Edict to Volusianus, in these termes: Digna vox Majestate regnantis LEGIBVS ALLIGATVM SE PRINCIPEM PROFITERI: AD EO DE AVTHORITATE IVRIS NOSTRA PENDET AVTHORIT AS: & revera majus Imperio est summittere Legibus Pincipatum. Etoraculo praesentis Edicti, Quod NOBIS LICERE NON PATIMVR, aliis indicamus. If then Lawes may thus be made where there are no Kings, by the peo∣ples joynt consents alone; If Lawes enacted in a State before by consent it be made a Kingdome, remaine in force after it is erected into a kingdome, and conti∣nue after it ceaseth to be a kingdom, only by and for the people, consenting to them; as is evident by infinite, examples; and the people, Parliament, Senate, have ancient∣ly made, and may make Lawes even to binde their Kings, and Soveraignes them∣selves in points of their Prerogative and power; then doubtlesse they, and not Kings are the chiefe Soveraigne Legislators; and their Royall assents to Lawes, are no wayes essentiall to the very being of Lawes, but rather a complementall Cere∣mony.

Ninthly, admit the King should dye without Heire, no doubt the kingdome and Parliament have a just right either to alter the government, or dispose of the Crown to what family they please (as the constant practise of all kingdomes in such cases manifests, andd 1.205 Bishop Bilson himselfe assureth us; That all Nations once members of the Roman Empire, when the right Heires failed, were suffered to elect their Governours, where they pleased, as the Romans themselves might doe) and no doubt they may make binding publike Lawes during the Inter-regnum: as the kingdome and Estates of * 1.206 Aragon did during their Inter-regnums. Yea, if the King be an infant (as Henry the 3, Henry the 6. Edward 3. 5. and Richard 2. with other our Kings were, when the Crowne descended to them) or non Compos Mentis, or taken with a dead Palsie or A∣poplexie, or an Ideot by birth or Age, or a Monke professed, (ase 1.207 some Kings have beene) or absent in a Pilgrimage to Rome, or a voyage to the Holy Land, (As the* 1.208 Lords and State Assembled at the New Temple, after the death of King Henry the third, during his Sonne King Edward the 1. his absence in the Holy Land, Proclai∣med him King, swore fealty to him, CAUSED A NEW SEALE TO BE MADE; appointed ••it Officers and Ministers, for the Custody of his Treasure and Peace, and proclaimed his Peace throughout the Realme) or other remote foraine parts by reason of warres, asf 1.209 divers of our Kings heretofore have beene; and so unable personally to consent to Lawes; no doubt in all such cases, the right of creating a Protector to execute regall power, summon Parliaments, assent to Lawes, is onely in theg 1.210 Parliament, which may in these cases make any publicke Acts without the Kings personall presence or assent; and the assent; of the Regent or Protector, usually created by them, shall as firmely binde the King, as if he had personally consented, as is evident by all the Acts of Parliament passed during the minority ofh 1.211 Henry the third, who was but nine yeares old; Edward the third, who was but thirteen; Richard the second, who was but eleven yeares of age; Henry the sixt, who was but nine moneths old; Edward the sifth, but twelve yeares; Henry the eight not eigh∣teene yeares; Edward the fixt but nine yeares of age, when they began their Reignes; and so uncapable of giving any personall consent to Lawes by themselves (of which they could not judge, but by their Protectors,) and by all Acts made in the absence

of Kingi 1.212 Richard the first, Edward the 1, 2, 3, 4. Henry the 3. 2, 3, 4, 5, 6. and others out of the Realme; all good and binding Lawes, as appeares by 28 H. 8. c. 17. which altered, and 33 H. 8. c. 22, which declareth the Law in these particulars. A cleare demonstration, that the Parliament is the most absolute Supreame power, and Law-giver, not the King.

Tenthly, The King hath little or no hand in making, but onely in assenting to Lawes, when they are made by the Houses; as the usuall forme of passing Acts (Le Royle veult, The King wills (or assents to) it, not before, but after they have passed both Houses, imports: which assent of his, if the Bils be publike and ne∣cessary for the Common good, is not meerely arbitrary at the Kings will, but the King by Oath and duty is bound to give it, and the Lords and Commons may in justice demand it of meere right, as I shall shew anon. His Royall assent then, though it be the last act which compleates Bils, and makes them Lawes, yet since it is but an assent to a Law formerly made by both Houses, which he cannot alter in any point: Yea, an assent, which the King in Honour, Law, Justice, Duty, by vertue of his Coronation Oath, is bound to give, as appeares by the Prefaces of most Statutes, the Statute of Provisours, 25 E. 3. Parl. 6. 20 E. 3. and other Acts) it is so farre from proving the King the Supreame power and Law-giver, that it manifests the contra∣ry, that this power principally resides in both the Houses, not the King.

Eleventhly, The kingdomes Soveraignty and supreame jurisdiction above the King is most apparent by those Coronation Oathes, which Parliaments and the kingdome anciently, long before, or at leastwise in King Edwards dayes, before and ever since the Conquest, have prescribed to our Kings ere they would accept of them for their Soveraignes, of which I shall give you a short account.

Before the Conquest, I read inn 1.213 King Edward the Confessors Lawes, not onely the Office, but Oath of the King of England, (whom he and Bracton oft stiles, Gods and Christs Vicar upon earth) thus excellently described. A King ought above all things to feare God: to love and observe his Commandements, and cause them to be observed through his whole kingdome: He ought also to set up good Lawes and customes, such as be wholesome and approved, such as be otherwise, to repeale them and thrust them out of his kingdome. Item, he ought to doe Iustice and Iudgement in his kingdome, by the counsell of the Nobles of his Realme. All these things ought the King in his owne person to doe, taking his Oath upon the Evangelists, and the blessed Reliques of Saints; swearing in the presence of the whole State of his Realme (as well of the temporalty as of the spiritualty) before he be Crowned of the Arch∣bishops and Bishops. Three servants the King ought to have under him as Vassals, fleshly lust, avarice, and greedy desire, whom if be keepe under as his servants and slaves, he shall Reigne well and honourably in his kingdome. He must doe all things with good advisement and pre∣••••e ditation: and that properly belongeth to a King: for hasty rashnesse bringeth all things to 〈◊〉〈◊〉; according to the saying of the Gospell; Every kingdome divided in it selfe shall be brought to desolution. Mastero 1.214 Fox informes us, that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes, but the most part of them be omitted, contrary to his Oath at his Coronation. Indeed, I finde not in* 1.215 William of Ma••••esbury, Henry Huntingdon, Matthew Paris, or Westminster, that William the Con∣querour tooke this Oath at his Coronation; but onely, that he was received by the Clergie and people at London in great triumph, & AB OMNIBUS REX AC∣CLAMATUS, and proclaimed King by them all, and then Crowned: but Ro∣ger

de Hoveden, and Daniel out of him, are expresse in point; that according to the accustomed forme, the Bishops and Barons of the Realme tooke their Oathes, to be his true and loyall Subjects; and he reciprocally, being required thereunto by Aldred, Arch-bishop of Yorke, who Crowned him, made his personall Oath before the Al∣tar of the Apostle Saint Peter, in the presence of the Clergy and People; That he would defend the holy Churches of God, and the Rectors of the same: Likewise that he would govern all the people Subject to him justly, and with royall providence: RECTAM LEGEM STATUERE ET TENERE, (which referres to future Lawes) that he would establish and observe RIGHTEOUS LAWES; and that he would utterly prohibit rapines, and unjust judgements. Nor did he claime any power by Conquest, but as a regular Prince submitted himselfe to the Orders of the kingdome; desirous to have his Testamentary title (howsoever weake) to make good his Succession, ra∣ther than his Sword; the flattery of the time onely giving him the Title of Con∣querour afterwards; but himselfe not claiming it. But William soone after forget∣ting this his solemne Oath, did (as* 1.216 Speed with others write) abrogate for the most part, the ancient Lawes of the Land, and introduce new hard Lawes of his owne, written in the Norman tongue, which the people understood not, and the Iudges wrested at their pleasures, to the forfeiture of Goods, Lands, Life. Hereupon the Nobility and Natives, seeking to cast off these snares and fetters of his Lawes, set up Edgar Atheling for their King and Generall once a∣gain, & fell into a new conspiracy, raising great forces, & resolving to make the sword their judge. The King hereupon by Lanfrankes advise, who as Rehoboams sages, gave him counsell, some∣what to beare with their abuses, rather than hazard the ruine of all in fight, appointed a mee∣ting at Berkhamsteed, Anno 1172. Where the King entring parley with the English Nobility, did so farre winde himselfe into their good opinions, that they all forthwith laid downe their weapons. And he for his part fearing to lose the Crowne with shame, which he had gotten with effusion of so much blood, gave his Oath upon the holy Evangelists, and the reliques of Saint Albane the Martyr (the same being ministred to him by Abbot Fredericke) swearing to observe, and inviolably to keepe the ancient Lawes of this Land, and most especially those compiled by King Edward the Confessor; though (as the event soone shewed) he little meant to doe as he promised. Peace thus established; this conference ended, and the Kings Oath received, the English Armies disband themselves, as dreaming they had now good fortune by the foote, and hoping the greatest stormes of their dangers were past; which presently proved but a vaine surmise. For King William having compounded with the Danes, began extreamely to hate the English Nobles, and with full resolution of their destruction, suddenly set upon them apart, which hee durst not attempt when they were united; so that* 1.217 slaying many, imprisoning others, and persecuting all of them with fire and sword, well was he that could be first gone. Such little faith, or assurance is there in the solemne Oathes and Protestations of Kings to their Subjects; which are seldome really performed, and intended onely as snares to intrap them, if they confide and rely upon them without any better security.

a 1.218 After the death of William the Conquerour, William Rufus his younger sonne, in the absence of Robert the elder Brother, hastens into England, to obtain the Crown; and finding the greatest part of the Nobles against him; he gave his solemne Oath and faith to Lanfranke Arch-bishop of Canterbury his Tutor, that if they would make choise of him for their King, he would abrogate the over-hard Lawes of his Father, and promise to ob∣serve justice, equity and mercy throughout the kingdome in every businesse, and defend the Peace

and Liberty of the Church against all men; and ease them of all hard taxes. Upon which con∣ditions, volentibus omnibus Provincialium animis, by the voluntary consent and voy∣ces of all, he was chosen and Crowned King. Which promise and Oath he soone after brake; saying, Who is it that can fulfill his promises? Whereupon many of the Nobles, levyed warre against him, adopting Robert his elder Brother King.b 1.219 William Rufus dying, Henry the first his younger Brother, in the life of Robert the right Heire as∣sembling all the Clergy and people together to London, to procure their favour and love to chuse him for their King and Patron, He promised the Reformation of those Lawes, by which England had beene oppressed in the Reignes of his Father and Brother. To which the Clergy and Nobles answered; That if hee would with a willing minde reforme those rigorous Lawes, remit the Taxes imposed up∣on the Subjects, and by his Charter confirme those ancient Lawes and Customes which flourished in the kingdome in the time of holy King Edward, they would unanimously consent to him, and consecrate him for their King. Which he wil∣lingly assenting to, and affirming with an Oath that he would performe; he was by the assent both of Clergy and people consecrated King at Westminster, promising by Oath, to confirme King Edwards Lawes, and renounce all oppression; in pursuance whereof as soone as he was created, he by his Charter confirmed and reformed di∣vers Lawes for the ease and benefit of his Subjects, recorded at large by Matthew Pa∣ris, Speed, and others. The beginning of this Charter is observable. Henry by the Grace of God, of England, &c. Know ye, that by the mercy of God, and COMMON COUNSELL of the Barons of the Kingdome of England, I am Crowned King. And because the kingdome was oppressed with unjust exactions, I, out of respect to God, and the love I beare towards you all, make the Church of God free, &c. And all the evill customes wherewith the kingdome of England was unjustly oppressed, I take from thence, which evill customes I here in part set downe. And in the end of his Charter, he confir∣med and restored to them King Edwards Lawes, with those amendments of them which his Father made by the consent of his Barons. After which, those Lawes of his were published through all England, and Ranulph Bishop of Durham banish∣ed the Court and committed to the Tower, for his oppression, bribery, and other crimes. Henry deceasingc 1.220 Maude the Empresse his right Heire (to whom the Prelates and Nobles had sworne fealty in her Fathers life time) was put by the Crowne by the Prelates and Barons; who thought it basenesse for so many and great Peeres to be subject to a woman, and that they were freed of their Oath by her marrying out of the Realme, without their consents, and Stephen Earle of Mortaine (who had no good Title) assembling the Bishops and Peeres at London, promising to them an amendment of the Lawes according to all their pleasures and liking, was by them all proclaimed King; whereupon they all tooke their Oathes of Allegiance to him, conditionally; to obey him as their King; so long as hee should preserve the Churches Liberties, and keepe all Covenants, and confirme them with his Charter; according to the old Proverbe; Quamdiu habebis me pro Senatore, & ego te pro Imperatore. All this the King at his Coronation swore, and promised to God, the people, and Church to performe. And presently after going to Oxford, he (in pursuance of his Oath) there sealed his fore-promised Charter of many indulgent favours: the summe whereof was this.

That all Liberties, Customes, and Possessions granted to the Church, should be firme and

in force; that all bad usages in the Land touching Forests, exactions, and annuall Taxes which his Ancestors usually received, should be eternally abolished; the ancient Lawes restored; pre∣facing therein,d 1.221 That he obtained the Crowne BY ELECTION ONELY; Haec autem specialiter, & alia multa generaliter, se servaturum juravit; sed nihil horum quae Deo promiserat, observavit, write Matthew Paris, Hoveden, and Huntindon. Pene omnia per∣peram mutavit, quasi ad hoc tantum jurasset, ut praevaricatorem Sacramenti se regno toti osten∣deret, saith Malmesbury.* 1.222 Granting those immunities rather to blinde their eyes, than with any purpose to manacle his owne hands with such parchment chaines: Such faith is to be gi∣ven to the solemnest Oathes of Kings. But this his perjury was like to cost him his Crowne, his Prelates and Peeres thereupon revolting unto Maude. The form of King Henry the second his Oath I finde not; onely I reade 1.223 that upon his Coronation he cau∣sed the Lawes to be reformed, by advise of discreet men learned in the Law, and by his Procla∣mation commanded, that the good Lawes of his Grand-father Henry should be observed and firmely kept throughout the Realme. Wherefore it is probable, he tooke the same Oath that he did.f 1.224 Richard the first, succeeding, at his Coronation in Westminster Church comming to the High Altar, before the Clergy and people tooke this solemne Oath upon the Holy Evangelists, and many Saints reliques. 1. That all the dayes of his life he would be are peace, honour, and reverence to God, and holy Church, and the ordinances there∣of. 2. That to the people committed to his charge, he would exercise Right, Iustice and Equity. 3. That he would abolish naughty Laws and Customes if any were brought upon his kingdome; and would enact good Lawes, and thesame in good sort keepe, and without Mal-engin. Which Oath most solemnely taken, Baldwin Arch-bishop of Canterbury, standing at the Al∣tar, forbad him in the name of Almighty God, to assume that honour, UNLESSE HE HAD A FULL PURPOSE TO KEEPE WHAT HE HAD SWORNE; Whereunto Richard ASSENTING, and promising by Gods helpe to performe all the pre∣mises WITHOUT FRAUD; With his owne hand humbly taking the Imperiall Crowne from the Altar, delivered it to the Archbishop, who set it on his head.g 1.225 King Richard deceasing, Iohn his younger Brother, to put by Arthur the next heire to the Crowne, came speedily out of Normandy into England; where the great as∣sembly at Northampton, to preserve their Rights and Liberties, were content to accept of him for their King, to yeeld fealty, and keepe faith and Peace to King Iohn upon condition onely, if he would restore to every of them their Rights; which, he afterwards violating it, was the occasion of great dissentions. Comming to London to be Crowned, Hubert Archbishop of Canterbury, (the Pillar of the Common-wealths stability, and incomparable for deepe reaching wisedome) steps forth in the midst of all the Bishops, Lords, Barons, and others there assembled at his Coronation, and spake thus unto them. Heare yee all, you are in discretion to know, that no man hath right, or any other fore-title to succeed ano∣ther in a kingdome* 1.226 unlesse first (with invocation for grace, and guidance of Gods Spirit) he be BY THE BODY OF THE KINGDOME THEREUNTO CHOSEN, and be indeed some choyce man, and picked out for some eminency of his vertues, according to the example and similitude of Saul the first anointed King, whom God set over his people, though neither the Sonne of a King nor of any royall descent. So after him likewise David the son of Iesse; the one for being valorous, and a person fitting Royall dignity, the other for being holy and humble minded. To shew, that whosoever in a kingdome excelleth all in valour and ver∣tue, ought to surmount all in Rule and Authority: yet so, as that, if any of the Of-spring of a deceased King surpasseth others, it is fit joyntly to consent in election of such a one. This there∣fore

we have spoken in favour of eminent Earle John, who is present, the Brother of our most illustrious King Richard now deceased, wanting an heire of his body; whom being provident, valiant, and truely noble, we having invocated the grace of the holy Spirit, have all unanimously ELECTED, as well in regard of his Merits, as of his royall Blood. Neither durst any doubt or demurre on these things, knowing that the Arch-bishop had not thus de∣fined without cause. Wherefore Earle Iohn, and all men approving this speech, they ELECTED and ASSUMED the Earle for their King, and cryed out saying, Let the King live. But the Arch-bishop being afterwards demanded, why he had spoken these things? answered, That he was assured by some divining foresight, that King John would worke the ruine of the kingdome, corrupt the Crowne, and precipitate it into great con∣fusion. And that he might not have the reines free to doe this, he OUGHT TO BE CHOSEN BY ELECTION, NOT BY SUCCESSION. King Iohn at this his Coronation was involved in a threefold Oath: namely, That hee should love holy Church and its Ministers, and preserve it harmelesse from the incursion of Malignants; That abolishing perverse Lawes, he should substitute good ones, and exercise Right judgement in the kingdome of England. After which he was adjured by the Arch-bishop, in the behalfe of God, and strictly prohibited, not to presume to accept this honour unlesse he fully purposed in his minde, actually to fulfill what he had sworne. To which he answering, promised that by Gods assistance he would bona fide keepe those things which he had sworne. After which he rightly setled the affaires of England by the counsell of his Nobles, and then pas∣sed over into Normandy. But how ill he kept this his Oath, with others of this na∣ture; and how he violated the Statutes of Magna Charta and De Foresta, which he had confirmed with his hand, seale, Oath, Proclamations, the Bishops Excommu∣nications, yea, the Popes Bull, within three moneths after he had confirmed them, and procured a dispensation of his Oath, an abrogation of these Lawes from the Pope, making bloody warres upon his Barons and Subjects (who confiding to those confirmations and royal promises expected no such strange performances) spoyling, robbing, destroying his people every where, in the selfe-same manner as we now are plundered;* 1.227 the Histories of his life too manifestly relate; which oft put his Crown in danger of utter losse, Lewis of France being Crowned King by the Barons in his stead, who renounced their allegiance to him, for his perjuries and breach of faith and making warre upon them. Iohn departing this life, his son Henry being but 9. yeares old, was proclaimed King, through the perswasion of the Earle Marshall and of Pembroke (afterwards made his Protector,) who informed the Lords and Com∣mons, h 1.228 that though King Iohn for his evill demeanours deserved their persecution and losse of his Cowne, yet his young child, tender in yeares, was pure and innocent from his Fathers doings. Wherefore sith every man is to be charged with the burthen of his owne transgressions, neither shall the childe (as Scriptures teach) beare the iniquity of his Fathers, they ought of duty and conscience, to beare themselves mildly towards this tender Prince, and take compassion of his age. And for as much as he was Iohns naturall and eldest sonne, and ought to be their Soveraigne, let us with one joynt assistance APPOINT HIM our King and Governour, let us reneunce from us Lewys the French Kings Sonne, and suppresse his people, which are a confusion and shame to our Nation, and the yokes of their Servitude let us cast from our shoulders. Upon which perswasion•• Henry was presently proclaimed and Crowned King at Glocester: And though he were but an infant, yet beingi 1.229 set be∣fore the High Altar, he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques, Ioceline Bishop of Bath dictating the Oath; That he would beare honour, peace and reve∣rence to God, to holy Church and Priests, all the dayes of his life. He likewise swore, that he would maintaine right justice among the People committed to his charge; And that he would blot out ill Lawes and unjust cu∣stomes,

if there should be any in the kingdome, and observe good ones, and cause them to be kept by all men: How well he observed this solemne Oath, with many others of like nature made to his Lords and Subjects, for confirmation of Magna Charta, and their Liberties,k 1.230 Matthew Paris will informe us; who writes, That the King in all his Oathes and promises did so farre transgresse the bounds of truth, that the Prelates and Lords knew not how to hold this Proteus, the King; for where there is no truth, there can be no fixed confidence: That though be sometimes humbled himselfe, confessing that he had beene often bewitched by ill counsell, and promised with a great Oath solemnely taken upon the Altar and Coffin of Saint Edward, that he would plainely and fully correct his former Errors, and graciously condescend to his naturall Subjects good counsell; yet his fre∣quent preceding breaches of Oathes and promises, Se penitus incredibilem reddiderunt, made him altogether incredible, so that (though he usually heard three Masses every day, but seldome any Sermons (asl 1.231 Wal∣singham notes) yet none would afterwards beleeve him, but ever feared and suspected his words and actions, and to avoid the infamy of perjury, which he feared, he sent to the Pope to absolve him from his Oathes he repen∣ted of, who easily granted him an absolution. Such faith, such assurance is there in the Oathes, the Protesta∣tions of Princes to their Subjects; whose Politicke capacities oft times have neither soule nor consci∣ence, and seldome keepe any Oathes or promises, no further than it stands with their owne advanta∣ges, reputing onely pious frauds, to over-reach and intrap their credulous people. This perfidious∣nesse in the King, made his long Reigne full of troubles, of bloody civill warres, and oft times endan∣gered the very losse of his Crowne and Kingdome, as our Historians informe us, for which he repen∣ted and promised amendment at his death.

m 1.232 Bracton an antient Lawyer in this Kings daies, writes. That the King in his Coronation OUGHT by an Oath taken in the name of Iesus Christ, to promise these three things to the people subject to him. First, that he will command and endeavour to his power, that true peace shall be kept to the Church and all Christian peo∣ple in his time. Secondly, That he will prohibit rapines (or plunderings) and all iniquities, in all de∣grees. Thirdly, That in all judgements he will command equity and mercy, that so God who is gracious and mercifull may bestow his mercy on him, and that by his justice all men may enjoy firme peace. For (saith he) a King is SACRED and ELECTED (to wit, by his Kingdome) for this end, to doe justice unto all; for if there were no justice, peace would be easily exterminated, and it would be in vaine to make Lawes, and doe justice unlesse there were one to defend the Lawes, &c.

The forme of the Kings Coronation & Oath ever since Edward the second hath beene this, and is thus administred.p 1.233 The Metropolitan or Bishop that is to Crowne the King, with a meane and distinct voyce shall interrogate him, if he will confirme with an Oath the Lawes and Customes granted to the people of England, by ancient, just, and devout Kings towards God, to the same people, and especially the Lawes, and Customes, and Liberties granted by glorious King Edward to the Clergie and People. And IF HE SHALL PRO∣MISE that he will assent to all these; Let the Metropolitan or Bishop expound to him, what things he shall sweare, saying thus. Thou shalt keepe to the Church of God, to the Clergie and people, peace intirely, and concord in God, according to thy power; The King shall answer, I will keepe it. Thou shalt cause to be done in all thy judgements, equall and right justice, and discretion, in mercy and verity, according to thy power: He shall answer; I will doe it. Thou grantest just Lawes and Customes to be kept, and thou dost promise. that those Lawes shall be protected and confirmed by thee to the honour of God, QUAS VULGUS E∣LEGERIT, which the people shall chuse, according to thy power: He shall answer; I doe grant and pro∣mise. And there may be added to the foresaid Interrogations, what other things shall be just. All things being pronounced, he shall with an Oath upon the Altar presently taken before all, confirme that he will observe all these things.

There hath beene a late unhappy difference raised betweene theq 1.234 King and Parllament about the word ELEGERIT; the Parliament affirming the word to signifie, shall chuse; according to sundry written Rolles and Printed Copies in Latine and French; the King on the contrary arffiming, it should be hath chosen; But he that observes the words of these ancient Oathes: Populo tibi commisso rectam ju∣sticiam exercebis, malas leges & iniquas consuetudines, si aliquae fuerint in Regno tu••, delebis, & bonas ob∣servabis, all in the future tence: and the verbes, serva••is, Facies fieri, protegend••s, corroborandas in the former and same clauses of the Oath now used, all of them in the future, with the whole Scope, intent and purport of this part of the Oath, must necessarily grant, shall chuse, to be the true reading; and that it referres to the confirmation of* 1.235 future Lawes, to be afterwards made in Parliament, not to those onely in being when the Oath was administred; else Kings should not be obliged by their Oathes, to keepe a∣ny Lawes made after their Coronations by their owne assents, but onely those their Predecessors assented to, not themselves, which were most absurd to affirme. But because I have largely debated this particu∣lar, and given you an account of our Kings Coronation Oathes from King Richard the seconds Reigne downeward, in my following Discourse, and debate of the Kings pretended Negative voyce in passing Bils in Parliament, I shall proceed no further in this subject here.

From these severall Oathes and Passages, the usuall forme of the Nobles pro∣claiming such and such Kings of England, ther 1.236 fore-cited Histories; the manner of our Kings Coronation thus expressed in the close Roll of 1 R. 2. n. 44. After∣wards the Archbishop of Canterbury having taken the corporall Oath of our Lord the King, to grant and keepe, and with his Oath to confirme the Lawes and customes granted to the people of the Kingdome of England, by ancient, just, and devout Kings of England, the progenitors of the said King, and especially the Laws, Customes and Freedomes gran∣ted to the Clergy and people of the said Kingdome, by the most glorious and holy King Edward, to keepe to God and the holy Church of God, and to the Clergy and people, peace and concord in God entirely, according to his power, and to cause equall and right Iustice to be done, and discretion in mercy and truth, and also to hold and keep the just Lawes and customes of the Church; and to cause that by our said Lord the King they should be pro∣tected, and to the honour of God corroborated, which the PEOPLE SHOULD JUSTLY AND REASONABLY CHUSE to the power of the said Lord the King: the aforesaid Archbishop, going to the foure sides of the said Scaffold, de∣clared and related to all the people, how that our Lord the King had taken the said Oath, inquiring of THE SAME PEOPLE, IF THEY WOULD CON∣SENT TO HAVE HIM THEIR KING AND LIEGE LORD? Who with ONE ACCORD CONSENTED THERETO. Which * 1.237 Thomas of Walsingham who relates the whole forme of this Kings Coronation thus describeth. Quibus completis, Archiepiscopus praecedente eo Marescallo Angliae Hen∣rico Percy, convertit se ad omnes plagas Ecclesiae, INDICANS POPULO REGIUM JURAMENTUM & quaerens SI SE TALI PRINCIPI AC RECTORI SUBJICERE, & ejus jussionibus obtemperare VEL∣LENT, ET RESONSUMESTA PLEBE resono clamore, QUOD LUBENTER SIBI PARERE VELLENT. Which custome both be∣fore and since hath been constantly in this Land observed at the Coronation of our Kings: from all these I say it is apparent: First, that Popish Parliaments, Peeres, and Subjects, have deemed the Crowne of England not meerely successive and here∣ditary, though it hath usually gone by descent, but arbitrary and elective, when they saw cause, many of our Kings comming to the Crowne without just hereditary Title, by the Kingdomes, Peeres, and people free election onely confirmed by subse∣quent Acts of Parliament, which was then reputed a sufficient Right and Title; by vertue whereof they then reigned and were obeyed as lawfull Kings, and were then and yet so acknowledged to be; their right by Election of their Subjects (the foot∣steps whereof doe yet continue in the solemne demanding of the peoples consents at our Kings Inaugurations) being seldome or never adjudged an illegall usurpation in any Parliaments: whence the statute of 1 E. 4. c. 1. & 9 E. 4. f. 2, declares King Henry the 4. 5. and 6. to be successively Kings of England indeed, and not of right, yet not usurpers because they came in by Parliament. Onely Richard the third, (who trea∣cherously murthered Edward the 5. his Soveraigne, and violently usurped his Crowne, at first, before any Parliament gave it him, compelling the Lords and Commons afterwards to Elect him King out of feare, after his slaughter in Bosworth field,) was declared an usurper by Act of Parliament 1 Hen. 7. c. 6. and so adjudged to be by 8 H. 7. f. 1. see 1 E. 4. c. 1 &c. 9 E. 4. f. 1, 2. and Henry the 7. had the Crown set upon his head in the field, by my Lord Stanly, as though (saiths 1.238 Grafton) he had been elected king by the voyce of the people, as in ancient times past in divers Realmes it hath been accustomed. Second∣ly, that those Kings who have enjoyed the Crown by succession, descent, or election,

have still taken it upon the conditions and covenants contained in their Coronation Oathes; which if they refused to sweare to the Peeres and people, really and bona fide to performe, they were not then to be crowned or received as Kings, but adjured in the name of God to renounce this dignity. And though in point of Law,t 1.239 those who enjoy the Crowne by Succession, be Kings, before their Coronations; yet it is still upon those subsequent* 1.240 Conditions both contained in their Coronation Oathes, which impose no new but onely ratifie the old conditions in separably annexed to the Crown by the Common Law, ever since Edward the Confessors daies, and long before, as Father* 1.241 Littleton resolves, (the Office of a King being an Office of the greatest trust of any other, which the Com∣mon Law, binds the King well and lawfully to discharge, to doe that which to such Office belongeth to doe) as the Oathes of all our Kings to their people; really to performe these Articles and Conditions, fully demonstrate. Thirdly, that these Oathes are not meerely arbitrary or voluntary at the Kings pleasure, to take or refuse them if he will, but necessary and inevitable, by the Law, and constant usage of the Realm, yea of allv 1.242 Christian most Pagan Realms whatsoever, which prescribe like Oathes to their Kings. From a••l which I may firmely conclude, that the whole kingdome and Parlia∣ment are the Supreame Soveraigne Authority, and Paramount the king, because they* 1.243 may lawfully, and d••e usually prescribe such conditions, termes, and rules of governing the peo∣ple to him, and bind him thus by Oath, faithfully to perform the same, as long as he shall continue King; which Oath our Kings usually tooke, or at least faithfully promised to take to their Subjects in ancient times, before ever they did or would take an Oath of fealty, homage or Allegiance to them, as the premises evidence, & Claus. Rot. 1 R. 2. M. 44.

Tenthly, Our Parliaments and Kingdome anciently in times of popery, and Pa∣ganisme have both challenged and exercised a Supreame power over the Crowne of England it selfe, to transferre it from the right heire, and setle it on whom them∣selves thought meete to elect for their King; and likewise to call their Kings to an account for their mis-government, and breach of Oath to the prejudice of their people, so farre as to article against them, and either by force of Armes, or a judiciall sentence in Parliament, actually to depose them, and set up others in the Throne, as the* 1.244 fore-cited presidents, (of Archigallo, Emerian, two ancient Brittish Kings, of Edwin king of Mercia, and others deprived of all honour and kingly dignity, by the unani¦mous consent of their Subjects for their Tyranny, Oppression, Male-administration, vicious lives, and others elected and made kings in their places) evidence, which Acts of theirs they then reputed just and legall.* 1.245 I shall cite you onely two presidents of this kind, which have meere relation to Parliaments. The first is that of* 1.246 King Edward the second, who being taken prisoner by his Queen, Sonne, Nobles,* 1.247 for his male-ad∣ministration; the Queen, with her sonne by the advice of her Councell, summoned an high Court of Parliament at Westminster in the Kings name, which began the 16 day of January, An. 1325. In which assembly it was declared, that this Realm could not continue without an head and governour, and therefore first, they agreed to draw into Articles the Mis-government of the king that was in prison,* 1.248 and all his evill doings, which he had done by evill and naughty Counsell. And when the said Ar∣ticles were read and made knowne to all the Lords, Nobles, and Commons of the Realme, they then consulted how the Realme should be governed from thenceforth. And after good deliberation, and consultation of the foresaid Articles of the Kings evill government, they concluded: THAT SUCH A MAN WAS NOT WORTHY TO BE A KING, NOR TO WE ARE A CROWNE ROYALL. And therefore they all agreed,

that Edward his eldest sonne, who was there present, and was rightfull heire, should be crowned King in stead of his Father, SO THAT HE WOULD TAKE ABOUT HIM SAGE, TRUE, AND GOOD COUNCELL, and that from thenceforth the Realm might be better governed then before it had been. And it was also agreed, that the old king his father should be well and honestly kept as long as he lived, according to his estate. All these things concluded, they ELECTED his son Edward King in the great hall at Westminster, with the UNIVERSALL CONSENT OF THE PEO∣PLE THERE PRESENT; and the Archb. of Canterbury thereupon makes there a Sermon on this Text, Vox populi, vox Dei: exhorting the people, to invoke the king of kings for him they had then chosen. It was further ordered and agreed, that during the Parliament time, a solemne Message should be sent to the King to Kenelworth Castle, (where he was kept prisoner) to declare unto him not only the determination of the three estates concerning HIS DEPOSING FROM THE KINGDOME, but also to resigne unto him IN THE NAME OF THE WHOLE REALME, all their homage that before time they had done him: and to doe this message, there was certaine select persons chosen by the Parliament, namely, the Bishops of Win∣chester, Hereford, and Lincoln, two Earles, two Abbots, foure Barons, two Iustices, three knights for every County, and for London, the Cinqueports, and other Cities and Burroughes, a certaine chosen number, with the Speaker of the Parliament, whose name was Sir William Tr••ssell: who comming into the Kings presence told him, That the Common-weale had received so irr•• concileable dislikes of his government, the parti∣culars whereof had been opened in the Assembly at London, that it was resolved never to indure him as King any longer. That notwithstanding, those dislikes had not extended them∣selves so farre, as for his sake to exclude his issue, but that with universall applause and joy, THE COMMON-WEALE HAD IN PARLIAMENT ELECTED HIS ELDEST SONNE, THE LORD EDWARD FOR KING. That it would be a very acceptable thing to God, willingly to give over an earthly kingdome for the com∣mon good and quiet of his Country, which they said could not otherwise be secured. That yet his honour should be no lesse after his resignation then before it was; onely him the Commonweale would never suffer toraigne any longer. They finally told him, That un∣lesse he did of himselfe renounce his Crowne and Scepter, the people would neither endure him, nor any of his children as their Soveraigne; but disclaiming all homage and fealty, would elect some other for king, who should not be of the blood. This message strucke such a chilnesse into the King, that he fell groveling to the earth in a swoun; which the Earle of Leicester and Bishop of Winchester beholding, run unto him, and with much labour recovered the halfe dead King, setting him on his feet: who being come to himselfe, the Bishop of Hereford running over the former points, concludes, saying, as in the person of the Commonwealth, That the king must resigne his Dia∣dem to his eldest sonne; or, after the refusall, suffer THEM TO ELECT SUCH A PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND ABLE TO DEFEND THE KINGDOME. The dolorous King having heard this speech, brake forth into sighes and teares, & made at the last this answer, to this effect, That he knew, that for his many sinnes he was fallen into this calamity, and there∣fore had the lesse cause to take it grievously. That he much sorrowed for this, that the people of the kingdome were so exasperated against him, as that they should utterly abhor his any longer rule and soveraignty: and therefore he besought all that were there present, to forgive and spare him being so afflicted. That neverthelesse it was greatly to his good pleasure and liking, (seeing it could none other be in his behal••e) that his eldest sonne

was so gracious in their sight, and therefore he gave them thanks for chusing him their King. This being said, then was a proceeding to the short Ceremonies of his re∣signation, which principally con••isted in the surrender of his Diadem and En∣signes of Majesty to the use of his Sonne the new King. Thereupon Sir William Trussell the Speaker, ON THE BEHALFE OF THE WHOLE REALM, renounced all homage and allegiance to the said Edward of Carnarvan, late King, in these words following, I William Trussell, IN THE NAME OF ALL MEN OF THIS LAND OF ENGLAND, AND OF ALL THE PARLIA∣MENT PROCURATOR, resigne to thee Edward the homage that was sometimes made unto thee, and from this time now forward I defie thee, AND DEPRIUE THEE OF ALL ROYALL POWER, I shall never be attendant to thee as King after this time. After which King Edward the third being solemnly crowned, proclai∣med his peace to all his people in these words:

Edward by the grace of God, King of England, Lord of Ireland, and Duke of Aqui••ane, to N. N. our Sheriffe of S. greeting: Because the Lord Edward our Father, late King of England, by THE COMMON COUNSELL AND AS∣SENT OF THE PRELATES, EARLS, BARONS, AND O∣THER THE CHIEFE MEN AND WHOLE COMMON∣ALTIE OF THE KINGDOM, did voluntarily remove himselfe from the government thereof; willing and granting that We, as his eldest Sonne and Heire, should take upon us the rule and regiment of the same: and we, with the counsell of the Prelates, Earls, and Barons aforesaid, yeelding therein to our Fathers good pleasure and will, have taken upon Vs the Governanse of the said Kingdome, and as the manner is, have re∣ceived the Fealties and Homages of the said Prelates and Peeres. We therefore desirous that Our peace for the quiet and calme of Our people should be inviolably observed, do will and command you, that presently upon sight of these presents, you cause Our Peace to be proclaimed throughout your Bayli-wick, forbidding all and every one on Our behalfe, un∣der paine and perill of disinheritance, and losse of life and limbs, not to presume to violate or infringe Our said Peace, but that every one pursue or follow his Actions and Com∣plaints without any manner of outrage, according to the Laws and Customs of Our King∣dome: for We are ready and alwayes will be, to administer full right to all and singular complaints, as well of poore as rich, in Our Courts of Iustice.

The second* 1.249 President is, that of King Richard the second, who being taken pri∣soner by Henry Duke of Lancaster, An. 1399. the Duke soone after, on the thir∣teenth of September called a Parliament in the Kings Name, wherein was declared, how unprofitable King Richard had been to the Realme during his reigne, how he sub∣verted the Lawes, p••lled the people, ministred Iustice to no man, but to such as pleased him. And to the intent the Commons might be perswaded, that he was an unjust and unprofitable Prince, and a Tyrant over his Subjects, and THEREFORE WORTHY TO BE DEPOSED;* 1.250 there were set forth certaine Articles (to the number of 32. or 38. as some record) very hainous to the eares of many:* 1.251 some whereof I have* 1.252 formerly recited, and the residue you may read in Hall, Graf∣ton, Haywood, Trussell, and others. After which Richard was charged with the foresaid Articles, there was an instrument made declaring his Answers, and how he consented willingly to be deposed; the Tenor of which instrument was as fol∣loweth.

This present Instrument made the Munday the 29. day of September, and feast of Saint Michael, in the yeere of our Lord God, 1389. and the 23. yeere of King Richard the second, witnesseth that where by the Authority of the Lords

Spirituall and Temporall of this present Parliament, and Commons of the same, the right honourable, and discreet persons hereunder named, were by the said Authority assigned to goe unto the Tower of London, there to heare and testifie such Questions and Answers as then and there should be by the said honourable and discreet persons heard. Know all men to whom these present Letters shall come, That we, Sir Richard Scroop Archbishop of York, Iohn Bishop of Hereford, Henry Earle of Northamberland, Ralfe Earle of Westmerland, Thomas Lord of Bark∣ly, William Abbot of Westminster, Iohn Prior of Canterbury, William Thirning, and Hugh Burnell Knights, and Iohn Markham Justice, Thomas Stowe, and Iohn Bur∣bage Doctors of the Law civill, Thomas Fereby and Denis Lopham Notaries pub∣like, the day and yeer abovesaid, betweene the houres of eight and nine of the clock before noone, were present in the chiefe Chamber of the Kings lodging within the said place of the Tower, where was rehearsed to the King by the mouth of the foresaid E. of Northumb. that before time at Conway in north Wales, the King being there at his pleasure and liberty, promised unto the Archbishop of Canterbury, then Thomas Arundell. and unto the said Earle of Northumberland, that for insufficiency which he knew himselfe to be of, to occupie so great a charge as to governe this Realm of England, he would gladly leave off, and renounce the right and title, as well of that, as of his title to the Crowne of France, and his Majestie, unto Henry Duke of Hertford; and that to doe in such convenient wise, as by the learned men of this Landit should most sufficiently be by them devised and ordained. To the which rehearsall the King in our said presences answered benignly and said, That such promise he made, and so to the same he was at that houre in full purpose to perform and fulfill, saving that he desired first to have personall speech with the said Duke, and with the Archbishop of Canterbury his Couzens: And furthermore, he desired to have a Bill drawn of the said Resignation, that he might be made perfect in the rehearsall thereof. After which Copy by me the said Earle delivered, we the said Lords and others departed. And upon the same after∣noone the King desired much of the comming of the Duke of Lancaster, at the last the said Duke, with the Archbishop of Canterbury, entred the foresaid Chamber, bringing with them the Lord Ros, the Lord Burgeiney, & the Lord Willoughbie, with divers others: where after due obeysance done by them unto the King, he fami∣liarly and with a glad countenance to us appearing, talked with the said Archbishop and Duke a good season. And that Communication finished, the King with a glad countenance in presence o•• us, and the other above rehearsed, said openly, That he was ready to renounce and resigne all his Kingly Majestie in manner and forme as he be∣fore seasons had promised: And although he had and might sufficiently have declared his renouncement by the reading of another meane person, yet he for the more surety of the matter, and for the said resignation should have his full force and strength, he therefore read the Scroll of resignation himselfe in manner and forme as followeth. In the Name of God, Amen. I Richard by the grace of God, King of England and of France, and Lord of Ireland, acquit and assoile all Archbishops, Bishops, and other Prelates secular or religious, of what dignity, degree, state, or condition that they be of; and also all Dukes, Marquesses Earles, Barons, Lords, and all mine other liege men both spirituall and secular, of what manner of name or degree they be from their Oath of fealty and ho∣mage, and all other Deeds and Priviledges made unto me, and from all manner of Bonds of Allegeance and Regality or Lordship, in the which they were or be bound to me, or in any otherwise constrained, and them their heires and successours for evermore from the same Bonds and Oaths I release, deliver, acquit, and let them for ever be free, dissolved and

acquit, and to be harmlesse for so much as belongeth to my person, by any manner way or title of right that to me might follow of the foresaid things or any of them: And also I resigne all my Kingly Dignity, Majesty, and Crowne, with all the Lordships, Power, and Priviledges to the foresaid Kingly Dignity and Crown belonging, and all other Lord∣ships and Possessions to me in any manner of wise pertaining, what name or condition they be of, out take the Lands and Possessions for me and mine obite purchased and bought. And I renounce all right and colour of right, and all manner of title of possession and Lordship which I ever had or have in the same Lordships and possessions, or any of them, or to them, with any manner of rights belonging or appertaining unto any part of them: And also the rule and governance of the same Kingdome and Lordships, with all ministrations of the same, and all things, and every of them, that so the whole Empire and Iurisdictions of the same belongeth of right, or in any wise may belong: And also I renounce the name, wor∣ship, and r••gality, and kingly highnesse, cleerly, freely, singularly, and wholly in the most best manner and forme that I may, and with deed and word I leave off and resigne them, and go from them for evermore, saving alway to my successors Kings of England, all the Rights, Priviledges and appurtenances to the said Kingdome and Lordships abovesaid belonging and appertaining: For well I wote and acknowledge, and deem my selfe to be and have bin unsufficient and unable, and also unprofitable, and for mine open deserts not unworthy to be put down: And I sweare upon the holy Evangelists here presently with my hands touched, that I shall never repugne to this resignation, dimission, or yeelding up, nor never impugne them in any manner by word or by deed, by my selfe, nor by none other; nor I shall not suffer it to be impugned in as much as in me is, privily nor apart: but I shall have, hold, and keep this renouncing, dimission, and leaving up for firme and stable for evermore in all and in every part thereof, so God me helpe and all Saints, and by this holy Evangelist by me bodily touched and kissed: And for more record of the same, here openly I subscribe and signe this present Resignation with mine owne hand. And forthwith in our presences, and other, subscribed the same, and after deliver∣ed it to the Archbishop of Canterbury, saying, That if it were in his power, or at his assignment, he would that the Duke of Lancaster there present should be Successour and King after him. And in token thereof, he took a Ring of gold from his finger, being his Signet, and put it upon the said Dukes finger, desiring and requiring the Archbishop of Yorke, to shew and make report unto the Lords of the Parliament of his voluntary Resignation, and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster, to have him his Successour and King after him. And this done, every man took their leave, and returned to their own.

Upon the morrow following, being Tuesday, and the last day of September, all the Lords Spirituall and Temporall, with also the Commons of the said Par∣liament, assembled at Westminster, where, in the presence of them, the Archbishop of Yorke, according to the Kings desire, shewed unto them seriously the voluntary Renouncing of the King, with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour: And over that shewed unto them the Scedule or Bill of Renouncement, signed with King Richards hand. After which things in order by him finished, the question was asked first of the Lords, If they would admit and allow that Renouncement? The which when it was of the Lords granted and confirmed, the like question was asked of the Commons, and of them in like manner affirmed. After which admission it was then decla∣red, That notwithstanding the foresaid renouncing so by the Lords and Commons ad∣m••tted, it were needfull unto the Realme, in avoiding of all suspicions and surmises of

evill disposed persons, to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England, to the end that they might be first openly shewed to the people, and after to remain of Record among the Kings Records. The which were drawn and compiled, as before is said, in 38. Articles, and there shewed readie to be read: but for other causes then more needfull to be prefer∣red, the reading of the said Articles at that season were deferred and put off. Then forsomuch as the Lords of the Parliament had well considered this volunta∣ry Renouncement of King Richard, and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall, they there appoint∣ed by authority of the States of the said Parliament, the Bishop of Saint Asse, the Abbot of Glastenbury, the Earle of Glocester, the Lord of Barkley, William Thyrning Justice, and Thomas Erpingham▪ and Thomas Gray Knights, that they should give and beare open sentence to the Kings deposition: whereupon the said Commissioners lay∣ing there their heads together, by good deliberation good counsell and advisement, and of one assent agreed among them, that the Bishop of Saint Asse should publish the sen∣tence for them, and in their names, as followeth. In the Name of God, Amen. We John Bishop of Saint Asse or Assenence, John Abbot of Glastenbury, Richard Earle of Glocester, Thomas Lord of Barkley, William Thyrning Iustice, Thomas Erping∣ham and Thomas Gray Knights, chosen and deputed speciall Commissaries by the three Estates of this present Parliament, representing the whole body of the Realme, for all such matters by the said Estates to us committed; We understanding, and considering the manifold crimes, hurts, and harmes done by Richard King of England, and misgovernance of the same by a long time, to the great decay of the said Land, and utter ruine of the same short∣ly to have been, ne had the speciall grace of our Lord God thereunto put the sooner remedie, and also furthermore adverting the said King Kichard, knowing his own insufficiency, hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land, with all Rights and Honours unto the same belonging, and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPO∣SED OF ALL KINGLY MAJESTY AND ESTATE ROY∣ALL, We, the Premisses well considering, by good and diligent deliberation, by the POWER, NAME, AND AUTHORITIE TO US AS A∣BOUE IS SAID COMMITTED, PRONOUNCE, DIS∣CERNE, AND DECLARE the same King Richard before this to have beene, and to be unprofitable, unable, unsufficient, and unworthy to the rule and govern∣ance of the foresaid Realms, Lordships, and all other App••rtenances to the same belonging: and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KING∣LY DIGNITIE AND WORSHIP, AND OF ANY KING∣LY WORSHIP IN HIMSELFE. AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE, forbiding expresly to all Archbishops, Bi∣shops, and all other Prelates, Dukes, Marquesses, Earles, Barons, and Knights, and to all other men of the aforesaid Kingdom and Lordships, or of other places belonging to the same Realmes and Lordships, Subjects and Lieges whatsoever they be, that none of them from this time forward, to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships, be neither obedient nor attendant.

After which sentence thus openly declared, the said Estates admitted forthwith the same persons for their Procurators, to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times, and for to shew unto him, if need were, all things before done that concern∣ed

his deposing. The which resignation a•• that time was spared, and put in respite till the morrow next following: And anon, as this sentence was in this wise passed, and that by reason thereof the Realme stood void without Head or Go∣vernour for the time, the said Duke of Lancaster rising from the place where he be∣fore sate, and standing where all might behold him, he meekly making the signe of the Crosse upon his forehead and upon his breast, after silence by an Officer was commanded, said unto the people there being, these words following: In the name of the Father, Sonne, and holy Ghost, I Henry of Lancaster claime the Realme of Eng∣land and the Crowne, with all the appurtenances, as I that am descended by right line of the blood, comming from that good Lord King Henry the third, and through the right that God of his grace hath sent to me, with the helpe of my ki••••e and of my friends to reco∣ver the same, which was in point to be undone for default of good Governance and due Iustice.

After which words thus by him uttered, he returned & set him down in the place where he before had sitten. Then the Lords perceiving and hearing this claim thus made by this noble man, either of them frained of other what he thought; and after a distance or pause of time, the Archbishop of Canterbury having notice of the Lords minde, stood up and asked the Commons if they would ASSENT TO THE LORDS, WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm, and of them all. Whereunto they cryed with one voice, YEA, YEA, YEA After which answer, the said Archbishop going to the Duke, and setting him upon his knee, had unto him a few words: the which ended, he rose, and taking the Duke by the right hand, led him unto the Kings seat, and with great reverence set him therein, after a certaine Kneeling and Orison made by the said Duke, e••e he were therein set. And when the King was thus set in his Throne▪ to the great rejoyce∣ing of the people, the Archbishop of Canterbury began there an Oration o•• Collati∣on in manner as after followe••h:* 1.253 Vir Dominabitur in populo, 1 R••gum cap. 9. These be the words of the high and most mighty King, speaking to Samuel his Prophet, teaching him how he should chuse and ordaine a Governour of his peo∣ple of Israel, when the said people asked of him a King to rule them. And not without cause may these words be said here of our Lord the King: that is, For if they be inwardly conceived, they shall give unto us matter of consolation and comfort▪ when it is said that a Man shall have Lordship and rule of the people, and not a Childe, for God threatneth not us as he sometime threatned the people by Esay 3. Esay. I fhall saith our Lord, give children to be their Rulers and Princes and weake or fearfull shall have dominion over them. But of his great mercy hee hath visited us. I tru••t his peculiar people, and sent us a Man to have the rule over us, and put by Children, that before time ruled this land after childish conditions, as by the works of them it hath right lately appeared, to the great disturbance of all this Realme, and for want and lack of a man: For as saith the Apostle Paul, in 1. Cor. 14. When I was a childe I savoured and spake as a childe; but at the time when I came to the state of a man, then I put by all my childish conditions. The Apostle saith, he savoured and spake as a childe in whom is no stedfastnesse or constancy; for a childe will lightly promise, and lightly he will breake his promise, and doe all things that his appetite giveth him unto, and forgeteth lightly what he hath done. By which reason it followeth, that needs great inconvenience must fall to that peo∣ple that a Childe is ruler and Governour of; nor is it possible for that Kingdom

to stand in felicity where such conditions reigne in the head and ruler of the same. But now wee ought all to rejoyce, that all such defaults bee expelled, and that a Man and not a Childe shall have Lordship over us, to whom it belongeth to have a sure reine upon his tongue, that he may be knowne from a Childe, or a Man using childish conditions; of whom I trust I may say as the wise man saith in his Proverbs, Blessed be the man that hath wisdome, and that aboundeth in prudence: For that man that is ruled by sapience, must needs love and dread our Lord God; and whoso loveth and dreadeth him, it must consequently follow, that he must keep his Commandements. By force whereof he shall minister true Justice unto his Sub∣jects, and do no wrong nor injury to any man, so that then shall follow the words of the wise man, which he rehearsed in Proverbs 10. The blessing of our Lord God shall alight upon the head of the King, being a just and right wise man, for the tongue of him worketh not iniquity and injustice, but the tongue of the wicked and sinners covereth iniquity▪ And who that worketh or ministreth Justice in due order, he not only safe guardeth himselfe, but also holdeth the people in a surety of restfulnesse, of the which ensueth peace and plenty: and therefore it is said of the wise King Solo∣mon, Eccles. 10. Blessed and happy is that land, of which the King or Ruler is noble and wise, and the Princes be blessed that live in his time. As who would say, They may take example of him to rule and guide their Subjects; for by the discretion of a noble and wise man, being in authority, many evils are sequestred and put apart, and all dissemblers put unto silence; for the wise man considereth well the great inconveniences which daily now grow of it, where the childe or insipient drinketh the ••weet and dilicious words unadvisedly, and perceiveth not intox∣ication which they be mingled or mixt with, till he be invironed and wrapped in all danger, as lately the experience thereof hath been apparent to all our sights and knowledges, and not without the danger of all this Realm, and all was for lacke of wisdome in the Ruler, which deemed and taught as a childe, gi∣ving sentence of wilfulnesse and not of reason; so that while a childe reigned, selfe will and lust reigned, and reason with good conscience was outlawed, with Justice, stedfastnesse, and many other vertues. But of this perill and danger wee be delivered by the especiall help and grace of God, because he that now ruleth is not a childe, but perfect in reason, for he commeth not to execute his owne will, but his will that sent him, that is to wit, Gods will, as a man unto whom God of his abundant grace hath given perfect reason and discretion to discerne and deem as a perfect man; wherefore of this man we shall not onely say, that he shall dwell in wisdome, but as a perfect man, and not a childe, he shall thinke and deem, and have such circumspection with him, that hee shall diligently fore∣looke and see that Gods will be done, and not his: and therefore now I trust the words of the wise man, Eccles. 10. shall be verified in our King, saying, A wise and discreet Iudge shall now deeme his people, and the Dominion or Lordship of a discreet wise man shall stand stedfast; whereupon shall then follow the second verse of the same Chapter, saying, Like as the Head and Soveraigne is replenished with all sapi∣ence and vertue in guiding of his people, administring to them Law with due and con∣venient Iustice, so shall the Subjects be garnished with awe and loving dread, and beare unto him, next God, all honour, truth, and allegiance. So that then it may bee concluded with the residue of the foresaid verses, Such as the Ruler of the City is, such then be the inhabitants of the same: So that consequently it followeth, A good Master maketh a good Disciple: And likewise, an evill King or Ruler

shall lose his people, and the Cities of his Kingdome shall be left desolate and uninhabited. Wherefore thus I make an end, in stead of a childe, wilfully doing his lust and pleasure without reason, now shall a man be Lord and Ruler, that is replenished with sapience and reason, and shall governe the people by skilfull doings, setting apart all wilfulnesse and pleasure of himselfe; so that the word that I began with, may be verified in him, Ecce quia vir dominabitur in populo, the which our Lord grant, and that he may prosperously reign unto the pleasure of God, and wealth of his Realm. Amen,

The which Oration being thus finished, and the people answering with great gladnesse, Amen. The King standing upon his feet, said unto the Lords and Com∣mons present. Sirs, I thanke you, my Lords Spirituall and Temporall, and all the States of this Land, and doe you to understand, that it is not my will that any man think that by the way of conquest I would disinherit any man of his heritage, franchise, or other rights that he ought to have of right, nor for to put him out of that which he now enjoyeth, and hath h••d before time by custome of good Law of this Realm, except such private persons as have beene against the good purpose and the common profit of the Realme. And this speech thus finished, all Sheriffs and other Officers were put in their Authorities, which season for the time that the Kings Sea was void, and af∣ter every man departed. And at afternoon were Proclamations made in accusto∣mary places of the City in the name of King Henry the fourth. And upon the morrow following, being wednesday, and the first of October, the Procurators abovenamed went unto the Tower of London, and there certified Richard of the ad∣mission of King Henry: And the foresaid Justice, William Thyrning, in the name of the other, and for all the States of the land, gave up unto Richard late King, all homage and fealty unto him before him due, in like manner and forme as before I have shewed to you in the deposition of King Edward the second. And thus was this Prince deprived of all Kingly dignity and honour by reason of his evill counsell, and such unlawfull wayes and meanes as he by his insolency in his Realme suf∣fered to be used, when he had reigned two and twenty yeers, three moneths, and eight dayes. So Fabian and others verbatim.

Those Parliaments then and Nationall Assemblies, which have thus disposed of the Crown and Kings themselves, and exercised such jurisdiction over them, must certainly be above them, and the highest Soveraigne power. True it is, our Prote∣stant P••eres, Commons and Parliaments, never challenged nor exercised such juris∣diction▪ and I presume they will not doe it. However, it is neither honourable nor safe for Kings, and the most destructive policy their ill Counsellors can suggest unto them, so farre to oppresse their Subjects, or exasperate their Parliaments, as to provoke them to use the extremity of their Soveraigne power, and revive dead sleep∣ing Presidents for their reliefe; The consideration whereof when they were fresh, made succeeding Kings more just and moderate in their governments, and reclaimed many vitious oppressing Princes, as* 1.254 Archigallo and others witnesse. We know what Solomon saith,y 1.255 Surely oppression maketh a wise man mad; and if Kings or their evill In∣struments shall so far mad their Subjects and Parliaments (either by oppressions, rapines, misgovernment, destroying, making warre upon them, or putting them out of their protections) as to make them cry out as they did against King Iohn. z 1.256 Iohannes factus est de Rege Tyrannus, imo de homine in bestialem prorumpens fe∣ritatem. Vae tibi Iohanni Regum ultime; Anglorum Principum abominatio, Nobi∣litatis Anglicanae confusio: Heu Anglia vastata, & amplius vastanda, &c. Whereupon

presently ens••ed, a Nolumus hunc regnare. Tandemque decretum est, ut aliquem po∣tentem in Regem eligerent, per quem possint ad possessiones pristinas revocari, eradex∣tes quod nullus Iohanne peier, vel durior p••ssit dominari, & tale miserabile statuen∣tes argumentum.

—Fortuna miserrima tuta est, Nam timor eventus deterioris abest.

Cumque aliquandiu, quem eligerent haesitassent, demum in hoc pariter consenserunt, ut Ludovicum filium Philippi Regis Francorum sibi praeficerent, & ipsum in Regem Angliae sublimarent; Which they did, to King Johns, their own, and the whole Kingdomes great prejudice. We know what the ill advise of Rehoboams rough evill Counsellours produced, 2 Chron. 10.* 1.257 And the King answered the people roughly after the advice of the young men, saying: My father made your yoake heavy, but I will adde thereto; my father cha∣stised you with whips, but I will chastise you with scorpions. And when all Israel saw, that the King would not hearken unto them, the people answered the King (though some say he came to the Crown by succession) saying, What portion have we in David? and we have none inheritance in the Sonne of Iesse; every man to your Tents O Israel: and now Da∣vid, see to thine owne house. So all Israel went to their Tents, and elected Ieroboam for their King, and fell away from the house of David to this day, being never after united to it, but continuing a distinct Kingdome from it. This grosse impoliticke maxime of ambitious Princes, now so much cryed up and prosecuted: Aut Caesar, aut Nul∣lus, hath utterly unkinged, ruined hundreds of Kings and Emperours, with their families; and deprived them not onely of their Crownes but lives, as it did * 1.258 Caesar himselfe, with many of his successors, whose tragicall ends should deter all other Princes from their destructive, aspiring, tyrannous counsels, courses, maximes.

Wherefore the best policy Kings can use, to perpetutate their Thrones to them and their posterity, is to treate their subjects so,a 1.259 as may win their hearts and af∣fections, and not to straine their pretended prerogatives beyond the bounds of Law; this being a most certaine experimented rule whichb 1.260 Aristotle (the Prince of poli∣ticians) gives; That there are two intestine causes most perilous and frequent of all others, by which a Kingdome is usually lost, and subverted. The first is, if the Nobles and people dissent from the King himselfe. The second, if Kings will reigne tyrannically, and usurpe a greater domination or prerogative, then the Lawes of their Kingdomes give them, Then he addes, Verily a kingdome is preserved by contrary remedies, specially, by a mode∣rate kinde and temperate forme of Government.c 1.261 For by how much the m••re moderate the King shall be, and contented with smaller and fewer prerogatives, by somuch the more constant and longer-lasting shall his kingdome necess••rily be; For by this meanes it re∣cedes farther from the domination of Tyrants, and it comes nearer to the equability of man∣ners and humanity of life, and is lesse envyed by His subjects, which he proves by the notable speech and example of King Theopompus. And indeed this is the principall policy which God himselfe hath prescribed a King, to prolong his dayes in his King∣dome, he and his children after him; to keepe all the words of this Law, and those Statutes to doe them, (that is, to governe himselfe and his subiects onely by Law, not power) to doe justice and judgement, avoid oppression, & not to lift up his heart above his brethren; as if they were his vassals and not men, not Christians of the same kinde and quality as himselfe is. Wherefore I shall close up this with old Bractons resolution.d 1.262 Potestas itaque Regis, juris est, & non injuriae. Exercere igitur debet Rex potestatem Iu∣ris sicut Dei vicarius & Minister in terra: quia illa potestas* 1.263 SOLIUS Dei est: po∣testas autem injuriae, Diaboli & non dei: cujus horum operum fecerit Rex, ejus Mini∣ster

erit, cujus ope••a fecerit. Igitur dum facit justitiam, vicarius est Regis aeterni, mi∣nister autem Diaboli dum declinat ad injuriam.* 1.264 Dicitur enim Rex à bene regendo, non à regnando: quia Rex est dum bene regit. Tyrannus dum populum sibi creditum violenta opprimit dominatione. Temperet igitur potentiam suam per legem, quae fraenum est po∣tentiae, quod secundum leges vivat quia hoc sanxit Lex humana; quod leges suum ligent latorem; & alibi in eadem,* 1.265 Digna vox Majestate regnantis est, legibus alligatum se Principem profiteri. Item, nihil tam proprium est imperii quam legibus vivere: Et majus imperio est legibus submittere principatum; & merito debet retribuere legi, quia Lex tri∣buit ei; facit enim Lex quod ipse sit Rex. Item, cum non semper oporteat Regem esse armatum armis sed legibus, addiscat Rex sapientiam & conservet justitiam. (All which is notably seconded by Judge Fortescue, De Laudibus Legum Angliae, c. 9. t••. 15. worthy any Princes serious perusall:) And thus doing, neither he nor his Posteri∣ty need feare this Supream prerogative power of Parliaments, which hath laine dead and buryed for many ages; Et pereat positum rubigine telum.

11. All Papistse 1.266 attribute farre more divine authority and Soveraigne Iurisdiction over Emperours, Kings, Princes, Kingdomes, Subjects, to the Pope their Lord and God, whom they make the Supreame Monarch of the World and all kingdomes in it, and give him greater authority to summon, ratify, and dissolve generall Councels, then ever any Christian King or Emperour, challenged or usurped: yet those who maintaine these Pa∣radoxes of the Popes Supremacy, confessef 1.267 that a Generall Councell is above the Pope; and may upon just cause (though they all plead his Soveraignety to be jure divino, and his person most sacred, terming him his Holinesse, in the abstract) not onely convent and censure the Pope for his misdemean••urs, but likewise actually depose him, and set up another in his stead, as the Councels of Pisa, Constans, Basil, (which depo∣sed foure Popes, namely, Gregory the 12. Benedict the 13. Iohn the 23. and Eugenius the fourth) the Councell of Chalcedon against Pope Leo, the Councell of Sinuessa against Pope Marcellinus; the sixth, seventh, and eighth generall Councels against Honorius, the Councels ofg 1.268 Wormes and Brixia against Hildebrand, the Councell of Pisa, summoned An. 1511. of purpose to depose Pope Iulius for his perjury, expe∣rimentally manifest, andh 1.269 sundry popish Writers acknowledge. Now the Coun∣cell of Basil (as I shewed* 1.270 before) defined, That the whole Kingdome or Parliament hath as great power over their Kings, as a Councell hath over the Pope: Therefore by Papists verdicts they are above the King in point of Soveraigne power, as a Councell is above the Pope: which Iohn Mariana, de Rege & Regis Instit. l. 1. c. 3. to 10. profes∣sedly proves at large.

12. That Court which may lawfully censure, question, depose, banish, execute the Kings greatest Favorites, Officers, Judges, yea Lord Protectors themselves, the highest Peeres of the realme, (notwithstanding such are said to bei 1.271 Gods,k 1.272 Or∣dained of God, Gods, Ministers, Tol 1.273 decree iudgement by God, to be the higher powers, &c. in Scripture, as well as Kings;) and that not onely with, but against the Kings good will; must questionlesse be the highest power and jurisdiction in the realme, else the Kings and their Authorities might protect them against its Justice. But the Parliament may lawfully censure, question, depose, banish, execute all or any of these, not onely without, but against the Kings consent▪ witnesse the proceedings in Parliament againstm 1.274 Willam Longchamp, Bishop of Ely, Chiefe Justitiar, Lord Chancellor, and Vice-roy of England, in Richard the first his reigne, during his ab∣sence in the Holy Land,) from which offices he was by the Peeres and Commons deposed for his misdemeanour, and oppressions.n 1.275 Pierce Gaveston and the two

Hugh Spencers, in Edward the seconds reigne, of banished by Parliament, and vio∣lently put to death, though the Kings highest Officers, and darling Minions.o 1.276 Mi∣chael De la pole, with other great Officers, and Favourites to King Richard the se∣cond, condemned, deprived of their Offices, banished and executed by the Peeres in Parliament, together with Tre••ilian, Belknap, and their fellow Judges, who misad∣vised him in point of Law:p 1.277 Humphrey Duke of Glocester, protector to king Henry the sixt, arrested of high Treason in a Parliament at Bury, and there murde∣red; q 1.278 Cardinall Wolsey, that powerfull favourite to king Henry the eight, accu∣sed and put from his Chancellorship and other Offices by the Parliament;r 1.279 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 Straf∣ford Lord Deputy of Ireland, who lost his head this Parliament for Treason, full sore against his Majesties and the Queenes wills, with infinite others mentioned in our stories and records: Nay Queenes themselves have undergone the censures of Par∣liament, (of which we have sundry precedents ins 1.280 king Henry the eight his reigne) not onely to divorce, but losse of their very heads; and shall any De∣linquent then thinke to be protected by any power against the Parliaments justice now?

13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants, and of the extraordinary traine and expences of the Kings owne Court, and gifts; for which I finde these following Presidents, with others; collected by Mr. William Noy himselfe, (as is re∣ported) his Majesties late Atturney Generall, An. 1634. in a Manuscript, entituled, A Declaration, &c. passing under his name.

* 1.281 Anno, 3 Ed. 3. the houshould was reformed by the petition of the people.

An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown,* 1.282 in and by Parliament.

Anno. 5 & 6 R. 2. the Commons petition was,* 1.283 that the excessive number of the Kings meniall servants may be remedied, or else the realme would be utterly undone, and that his houshould might not exceed the ordinary revenue of the realme.

Anno 4 H 4. the people crave a reformation of the Kings house;* 1.284 & Anno 7. that he would dismisse some number of the retinue, since it was now more chargeable and lesse honourable then his progenitors; and that the ancient Ordinances of the houshold, in ••ase of the people might be kept, and the Officers of the houshold sworne to put the Ordinances and Statutes in due execution; and to consider the griefes of his Subjects by unjust purveyance, contrary to the Statute, that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEO∣PLE.* 1.285 Which the King willingly doth, as appeareth by an Ordinance in Coun∣sell whereby the charge of the houshold is limited to 16000. markes.

Anno 12 & 18 H. 6. the charge of the Kings house is reduced to a certainty,* 1.286 lessened by petition and order in Parliament.

Anno 12 E 4. the King in Parliament promiseth to abate his houshold,* 1.287 and here∣after to live upon his owne, so setling a new forme of his Court, which is extant in many hands, and intituled, Ordinations for the Kings house.

Anno 3 E. 2. an Ordinance was made for the Kings houshold in ease of the Kings people oppressed with purveyance,* 1.288 by reason of the greatnesse thereof; and the motive of that Ordinance was, to the honour of God, and profit of holy Church, and to the honour and profit of the King, and the benefit of his people, according

TO RIGHT AND REASON, AND THE OATH WHICH OUR LORD THE KING MADE AT THE BEGINNING of His Raigne.

Thus R. 2. did discard the Bohemians,* 1.289 Anno 10. by an act of Parliament, at the peoples petition surcharged by them.

Thus H. 4. did with the Gascoignes and Welsh in like sort,* 1.290 overburdening and im∣poverishing the King and Realme with perpetuall suits, so that in Court as the Re∣cord saith, there were no men almost of substance, or valiant persons, as there ought to be, but rascals for the greater part.

Hence was it,* 1.291 that the wisedome of former times foreseeing the mischiefe the open hand of the Soveraigne might bring the state into, made a Law 11 R 2. that whatsoever commeth to the King by judgement, escheat, forfeiture, wardship, or in any other waies,* 1.292 shall not be given away, and that the procurer of any such guift shall be punished.

This Law the Parliament continued 7 H. 4. untill the King was out of debt,* 1.293 ma∣king frustrate the grants of these, and ordaining a penalty of double value to every mover or procurer of such grants.

The like in Anno 11 H. 4. and that no Petition for any thing should be delivered to the King but in presence of the Councell,* 1.294 who might examine it, lest that the Kings wants should light upon the Commons.

And to keep the hand of H. 6. from wastfull giving,* 1.295 the Councell enduced him to convey to the Archbishop of Canterbury and others, all profits of wards, marriages, reliefes, escheats and forfeitures, to defray the charge of his house.

It is one of the greatest accusations in Parliament against the Duke of Sommerset for suffering the King to give away the possessions and profits of the Crown in man¦ner of a spoile,* 1.296 for so are the words of the Record.

And it was the first and chiefest Article to depose R. 2. for wasting, and bestow∣ing the Lands and the revenue of the Crowne upon unworthy persons,* 1.297 and thereby overcharging the Commons with exactions.

Nor yet to mention the Parliaments Soveraigne Power and Jurisdictiont 1.298 in making or proclaiming Warre or Peace, in which they have oft times not onely ad∣vised, but overswayed the King; in creating the highest Officers,t 1.299 in ordering the Militia of the Kingdome by Sea and Land by setled Lawes (of which more anon;) or in ordering the Coyne and Money of the Land, together with the Mint, or desig∣ning how the Subsidies and Aydes granted by them to the King, shall be disposed of to the Kingdomes use,t 1.300 of which there are sundry presidents. All which, together with the Acts concerning his Purveyance, Pardons, Charters, Grants, and all Reve∣nues Royall, are strong (u) evidences of its Soveraigne Authority. Nor yet to remem∣ber that in••allible Argument, to prove Kingdomes greater, and more valuable then Kings; that Kings as publique servants to their Realmes, ought to hazzard their lives for their Kingdomes safety and preservation (as many have done in warres against enemies) but never ought the whole Kingdome to be lost or hazzarded to preserve the Kings Prerogatives, that of Iohn 11. 48, 49, 50. and chap. 1814. being an undoubt∣ted rule in Divinity and Policy.* 1.301 That it is expedient that any one man, (though a King, yea Christ the King of Kings) should die for the people, that the whole Nation perish no••; rather then the whole Nation die for him. Priorque mihi & potior ejus officii ratio es••, quod humano generi, quam quod uni hominum debe••, as Seneca de Benefic. l. 7.

Gentilis de Iure Belli. l. 1. c. 16. resolve, from the light of nature and common reason. I shall onely adde this important consideration to illustrate this obscured truth. It can* 1.302 hardly seeme probable, much lesse credible, that any free people whatsoever when they voluntarily at first incorporated themselves into a Kingdome, and set up an ele∣ctive or hereditary King over them, would so absolutely resigne up their Soveraigne popular ••riginall authority, power, and liberty to their Kings, their heires, and successors for ever, as to give them an absolute, irrevocable, uncontroulable Supremacy over them, superiour to, irrestrainable, irresistable, or unalterable by their owne primitive inherent Nationall Soveraignety, out of which their regall power was derived. For this had been to make the Creator inferiour to the Creature, the Parent subordinate to the Child, the Derivative greater then the Primitive, the Servant (for Princes are but their Kingdomes publique Ministers) more potent then the Master; of Freemen, to have made themselves and their Posterity absolute slaves and vassals for ever; and in stead of a Principality, intended only for their greater safety and immunity; to have erected a Tyranny, to their perpetuall irremediable Oppression and slavery: A most brutish, sot∣tish, inconsiderate rash action, not once to be imagined of any people; quite contrary to the practice of the Lacedemonians, Romans, Germans, Aragonians, and most other Na∣tions, who still reserved the Soveraigne power to themselves, and never transferred it to their kings or Emperours, who were ever subject to their jurisdictions, and cen∣sures too, as I shall manifest at large in the Appendix: no absolute Monarchy being ever set up in the world but by direct Tyranny and Conquest, as Cassanaeus in his Catalogus Gloriae Mundi pars 5. Consid. 1. manifests at large, not by the peoples free election and consents. And had our Ancestors or any other Nations, when they first erected Kings, and instituted Kingly government, been demanded these few questi∣ons: Whether they meant thereby to transferre all their Nationall authority, power, and priviledges so farre over unto their Kings, their heires, and successors for ever, as not still to reserve the supremest power and jurisdiction to themselves, to direct, li∣mit, restrain their Princes supremacy & the exorbitant abuses of it, when they should see just cause? or so as not to be able ever after to alter or diminish this form of govern∣ment upon any occasion whatsoever? Or if their King should turne professed tyrants, endeavouring to deprive them (against all right and justice) of their Lives, Goods, Li∣berties, Religion, Lawes▪ or make open warres upon them to destroy them, or bring in forraigne enemies upon them, to conquer or subject them to a forraigne power with∣out their free consents, that yet they should patiently submit themselves to these their unnaturall, tyrannicall, destructive proceedings without any the least resistance of them by necessary defensive Armes, or calling thē to account for these grosse irregula∣rities? I make no question that they would have joyntly answered (as I doubt not but our Parliaments, Kingdomes, and all other Nations, were they at this day to institute their preerected Principalities and Kings, would answer to) that they had never any imagination to erect such an absolute, eternall, unlimited, uncontrollable, irresist∣able Monarchy, and plaine tyranny over them; and that they ever intended to re∣serve the absolute originall Soveraigne Jurisdiction in themselves, as their native he∣reditary priviledge, which they never meant to divest themselves of: that so by means thereof, if their Princes should degenerate into Tyrants, they might have a just authority, power, and remedy residing in them, whereby to preserve themselves, the Nation Kingdome, from utter desolation, ruine, and vassalage. An impregnable evidence, that the whole Kingdom and Parliament representing it, are the most So∣veraign power; and above the King himselfe, because having the supream Jurisdi∣ction

in them at first, they never totally transferred it to our Kings, but reserved it in themselves, which is likewise further confirmed by that notable passage of* 1.303 Philo∣cheus Archilacus in his Somnium Viridarii, c. 171. Royall power is instituted three manner of wayes: First, by the will and pleasure of the people, because every people want∣ing a King of their own (not being subject to the Emperour, or some other King) MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING, 94. Dist. c. Legitima. If a Royall Principality be thus instituted, as it is in the proper pleasure and power of the people to ordaine, that the King shall be either Succes∣sive of Elective; so it is in their pleasure to ordaine, That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation, or any other solemnity, or that they shall receive this power onely by their Coronation or any other solemnity about him. Thereason whereof is, Because as every one in the delivery of the gift of his owne goods, may impose what covenant or condition he pleaseth, and every man is moderator and disposer of his owne estate; so in the voluntary institution of a King and Royall Power IT IS LAWFULL FOR THE PEOPLE, SUB∣MITTING THEMSELUES, TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE: so as it be not unreasonable and unjust, and directly against the rights of a Superiour: Therefore lawfull to reserve ••he Soveraigne Power in and to themselves, and not to transfer it wholly to their Kings.

14 There is one cleare Demonstration yet remaining, to prove the supreme power of Parliaments above Kings themselves, which is this: That the Parliament is the highest Court and power, to which allx 1.304 Appeal••s are finally to be made from all other Courts and Iudges whatsoever, yea from the Kings own personall resolution, in, or out of any other his Courts: and such a transcendent •• ribunall from whence there is no appeale to any other Court or person, no not to the King himselfe, but onely to ano∣ther Parliament. If any erroneous Judgement be given in the Kings Bench, Exche∣quer-Chamber, Chancery, Court of Wards, or any other Court within the Realm, or in the Parliament in Ireland, it is finally to be reversed, or determined in Parlia∣ment by a Writ ofy 1.305 Error, or upon a Petition or Bill: If any sentence be unjust∣ly given in any Ecclesiasticall Courts, or before the D••legates, 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 remediable 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 Judge∣ment is pronounced, may appeale to the Parliament for reliefe, (as Seneca epist. 100. out of Tully de Repub. & Fenestella, Hugo Grotius de jure Belli, l. 1. c. 4. s. 20. p. 65. record; that among the Romanes in certain causes they might appeale from the King to the people.) But if the Parliament give any Judgement, There * 1.306 can be no appeale to any higher 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 1.307 Attainders of Trea••on, by or in Parliament, by all inconvenient and unjust Acts 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 from

the King, but onely by an act of repeale or restitution in another Parliament. Now this is an infallible Maxime, both in the Common, Civill, and Canon Law, that The Court or person to whom the last appeale is to be made, is the Supream••st power; as thea 1.308 Kings Bench is above the Common Pleas, the Eschequer Chamber above the Kings Bench, and the Parliament above them all, because a Writ of Error to reverse erroneous judge∣ments 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, ab 1.309 Generall Councell above the Pope, the Pope above the Archbishop, the Archbishop above the Ordinary, because men may Appeale from the Ordinary to the Arch∣bishop, from him to the Pope (but now with us to the Kings Delegates.) If there be any difference betweenec 1.310 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 1.311 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 fi∣nal•• Judges of it.

Not to give you any instances of this kinde betweene King and Subjects, which I have formerly touched; nor to relate how our King Iohne 1.312 condemned to death by a Parliament in France, by French Peers, for slaying his Nephew▪ Arthur treacherously with his own hands, and likewise to lose the crown of England: or bowf 1.313 Henry the third, K. Edward the first and other our Kings have Appealed to the Parliaments of France and England, up∣on differences betweene the Peeres and Kings of France and them, concerning their Lands and Honours in France.g 1.314 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 Parlia∣ment, where they were both personally present, which adjudged the Crowne to Philip. Nor yet to mention how the Parliaments and generall assembly of the estates of France have* 1.315 frequently disposed of the Crowne of that Kingdome, determined the controversies of the right and titles pretended to it; and elected Protectors or Regents of the Realme during their Kings minorities, or distractions; of which I shall cite divers precedents in the Ap∣pendix, to which I shall referre you. Nor yet to trouble you with Spanish Precedents of this nature, where the severall claimes and titles of the pretenders to the Crownes have beene oft referred to, debated in, and finally resolved by their Parliaments and generall assemblies of the States, the proper Iudges of such controversies, as* 1.316 Ioannes Mari∣ana, * 1.317 Euardus Nonius, and other Spanish writers determined; as Philip the second the 18. King of Portugall his title to that Crowne and his competitors, together with the rights and claimes of Alfonso the 1. 3. 5. Iohn the 1. Emanuel and other Kings of Portugall, and their Corivals were solemnly debated and determined in the assembly of the States of that Realme, and of divers Kings and Queenes of Arragon, Castile, Navarre: A pregnant argument, that their assemblies of States are the soveraigne Tri∣bunall, since they have power and right to determine and settle the descent, right

and succession of the Crowne betweene those who pretend titles thereunto: I shall confine my selfe to domesticke precedents. Not to repeate thei 1.318 forementioned precedents, how the Lords and commons when the Title to the Crowne hath been in dispute have transferred it from the rightfull Heires to others; I shall give you some other pregnant evidences, where the Parliament hath finally determined the Title to the Crowne, when it hath beene in competition, and setled it in a legall manner to avoid debates (by way of Appeale to them by competitors, or reference from the Kings themselves) as the onely proper Judges of such a superlative contro∣versie. Not to mention any stories of our British Kings to this purpose, where the * 1.319 Kingdome, Lords and Commons then, disposed of the Crowne in cases of minority, want of Heires, misgovernment, and controversies about the Title to the Crowne.

* 1.320 Canutus after the death of King Edmund, Anno 1017. clayming the whole Realme against Edmunds Brethren and Sonnes, referred his Title upon the agreement made betweene Edmund and him for this purpose, to the Parliament, who resolved for Canutus Title, and thereupon tooke an Oath of fealty to him, Offering to defend his right with their swords against all others claimes. After his decease, the* 1.321 Title to the Crowne being controverted betweene Hardicanute the right Heire, and Harold his elder, but base Brother; it was referred to a Parliament at Oxford, who gave their voyces to Harold, (there present) and presently proclaymed and consecrated him King; Anno 1036. After whose death, the States of England sent and adjudged the Crowne to Hardicanute, then in Denmarke. He dying,* 1.322 Edward the Confessor, by a generall consent of the Nobles, Clergy, and People (who presently upon Harold•• death, en∣acted by Parliament,) That none of the Danish blood should any more Reigne over them) was elected King, and declared right Heire to the Crowne, Anno 1126.k 1.323 King Henry the first having no issue male, but onely one Daughter Maude, to succeed him, summoned a Parliament in the presence of himselfe and David King of Scotland, wherein the Crowne was setled upon Maude after his decease, being of the ancient Royall English blood; whereupon Stephen, his Sisters Sonne, and all the Nobles presently swore fealty to her, As much as in them lay, after King Henries death (if hee died without issue male) to establish her Queene of the Monarchy of great Britaine. But Stephen after his decease, usurped the Crowne against his Oath, By the unanimous consent and election of the Lords and Commons: And after seventeene yeares civill wars, to the devastation of the Realmel 1.324 King Stephen and Henry the Sonne of Maude came to a Treaty at Wallingford, where by the advise of the Lords, they made this accord; That Stephen if he would, should peaceably hold the kingdome during his life, and that Henry should be his adopted Sonne and Successor, enjoy the Crowne as right Heire to it after his death; and that the King and all the Bishops and Nobles should sweare, that Hen∣ry after the Kings death, if he survived him, should possesse the Kingdome without any con∣tradiction: Which done the civill warres ceased, and a blessed peace ensued: and then comming to Oxford, in a Parliament all the Nobles did fealty to Henry, who was made chiefe Justiciar of England, and determined all the affaires of the kingdome. In the 8. and 25. of E. 3. there was am 1.325 doubt moved in Parliament, whether the children of the King, or others borne beyond the Seas within his Allegiance, should inherit lands in England? The King, to cleare all doubts and ambiguities in this case, and to have the Law herein reduced to certainty; charged the Prelates, Earles, Ba∣rons, and other wise men of his Councell assembled in Parliament in the 25. yeare of his Raigne,

to deliberate of this point; who with one assent resolved, That the Law of the Realme of England is, and alwayes hath beene such, that the children of the Kings of England in what∣soever parts they be borne, in England or elsewhere, be able and owe to beare inheritance af∣ter the death of their Ancestors: Which when they had declared, the King, Lords and Commons by a speciall Act, did approve and affirme this Law for ever, the onely Act pas∣sed in that Parliament. And in a* 1.326 Parliament, 1••. E. 3. this Kings eldest sonne was created Duke of Cornewall by Parliament, which then also entailed the Dutchy of Cornewall upon the eldest sonnes 〈…〉〈…〉 of England. So 21. R. 2. c. 9. the Principality of Chester 〈…〉〈…〉 on the Prince by Act of Parlia∣ment.

* 1.327 King Henry the 〈…〉〈…〉 the inheritance of the Crownes and 〈…〉〈…〉 his posterity, caused them by a speciall 〈…〉〈…〉 his raigne, to be entailed and setled on 〈…〉〈…〉 and Prince Henry his eldest sonne to be establish∣ed▪ 〈…〉〈…〉 heire apparant to him, and to succeed him in the said 〈◊〉〈◊〉 and Realmes, to have them with their appurtenances after the Kings death, to him and the heire•• of his body begotten; And if hee should die without heire of his body begotten, 〈…〉〈…〉 remaine to the Lord Thomas, the Kings second sonne, with successive remainders to Lord John the third, and Lord Humfry the Kings fourth sonne, and the heires of their bodies begotten. After which Act passed (for the avoyding of all claimes, titles, and ambiguities, to be made unto the Crowne) he thought never by any of his Subjects to be molested or troubled: the rather, because in this Parliament it was first concluded; that deposed King Richard should continue in a large prison, and be plenteously served of all things necessary both for viande and apparell, and if any persons should presume to reare warre or congregate a multitude to deliver him out of prison, that then he should be the first that should die for that seditious commotion: Which King Richard (as* 1.328 Sir Iohn Bagot by his Bill exhibited to this Parliament averred) had divers times, at sundry Parliaments in his time hol∣den, said; that hee would have his intent and pleasure concerning his owne mat∣ters, whatsoever betide of the residue; and if any withstood his will or minde, he would by one meanes or other bring him out of his life; And further said to him at Lichfield in the one and twentieth yeare of his raigne, that he desired no longer for to live then to see his Lords and Commons have him in as great awe and dread, as ever they had of any his Progenitors, so that it might bee chronicled of him, that none passed him of honour and dignity, with condition that he were deposed, and put from his said dignity the next morrow after. So wilfull was hee, as to preferre his will before his Crowne or safety.

n 1.329 In the yeares 1440. and 1441. Richard Duke of Yorke came into the Parlia∣ment House, and there, in a large Oration laid claime, and set forth his Title to the Crowne of England, which King Henry the sixth had long enjoyed, desiring the Parliament to determine the right of the Title betweene them, both sides submitting to their resolution as the proper Iudges of this weighty royall controversie: After long debate and consideration of the case among the Peeres, Prelates, and Commons of the Realme, it was finally agreed and resolved by them: That in as much as Henry the sixth had beene taken as King for 38. yeares and more, that he should enjoy the name and title of King,

and have possession of the Realme during his naturall life. And if he either died, or resigned, or FORFAITED THE SAME for breaking any part of this concord, then the said Crowne & authority royall should immediately descend to the Duke of Yorke (King Ed∣ward the 4. his Father) if he then lived; or else to the next heire of his line. And that the said Duke from thenceforth should be Protector and Regent of the Kingdome. Provided alway, that if the King did closely or apertly, study or goe about to breake or alter this agreement, or to compasse or imagine the death of the said Duke or his bloud; then he TO FORFEIT THE CROWNE: and the Duke TO TAKE IT: These Articles made by the Parliament betweene them, they both subscribed, sealed, and swore to, and then caused them to be enacted. Loe here we have these two Kings submitting their Titles to the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament, as the Soveraigne Judge betweene them; who setled the Crowne in this order, under paine of forfeiting it by King Henry, if he violated their Decree herein; and ap∣pointing a Lord Protector over the Kingdome in his full age, aso 1.330 Walsingham in∣formes us, a Parliament constituted Duke Humfry to bee Protector of him and his King∣dome of England, and the Duke of Bedford to bee Regent of France, during his minority; who exercised all regall power, by vertue of that authority which the Parliament derived to them. After this, in these two Kings reignes,p 1.331 the Crowne and its de∣scent were variously setled by Parliament (as I have formerly manifested) yet so, as that which one Parliament setled in this kinde, continued firme till it was altered or reversed by another Parliament. Kingq 1.332 Richard the third comming to the Crowne by usurpation, to strengthen his Title, procured the Lords and Commons to passe an Act of Parliament, wherein they declare him to bee their lawfull King, both by election and succession, entaile the Crowne upon him and the heires of his body lawfully begot∣ten, create his Sonne Edward, Prince of Wales, and declare him heire to succeed him in the royall Crowne and dignity after his decease.

In which Act of Parliament (recited at large by Speed) there is this memora∣ble passage: That the Court of Parliament is of such Authority, and the people of this land of such a nature and disposition, as experience teacheth; that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled in Parliament, and by the Authority of the same, makes before all other things most faith and certainty, and quieting of mens mindes, removeth the occasion of all doubts, and seditious language:r 1.333 Henry the seventh afterwards slaying this usurping Richard at Boswell-field, to avoyd all ambigui∣ties and questions of his Title to the Crowne, in his first Parliament procured the Lords and Commons by a speciall Act, to settle the inheritance of the Crownes of England and France, on him and the heires of his body lawfully begotten, perpetually by the grace of God, so to endure, and on none other, and all attainders and Acts against him, by Edward the fourth, and King Richards 1.334 this Parliament annihilated. After him King Henry the eighth, to ratifie his divorce from Queen Katherine, caused it to be confirmed, and hist 1.335 mar∣riage with her to be utterly dissolved by Act of Parliament: and byu 1.336 sundry Acts, ratified his subsequent Marriages, and setled the descent of the Crowne to his posterity, some∣what different from the course of the Common Law; which Statutes were afterwards alte∣red and the descent of the Crowne setled by other speciall Bils in Parliament, both in x 1.337 Queene Maries, and Queene Elizabeths Reignes, whose Titles to the Crowne were setled, and in some sort created by the Parliament.

By the notable Sta. of 13. Eli. c. 1. worthy reading for this purpose, it is made no lesse then high Treason, to affirme; That the Queene, WITH, and BY THE AUTHORITY OF THE PARLIAMENT of England, is not able to make Lawes and Statutes of sufficient force and validity to BINDE, LIMIT, RE∣STRAINE and governe all PERSONS, THEIR RIGHTS AND TI∣TLES THAT IN ANY WISE may or might claime any interest or possibilitie IN OR TO THE CROWNE OF ENGLAND in POSSESSION, REMAINDER, INHERITANCE, SUCCESSION, or OTHER∣WISE HOWSOEVER; and all other persons whatsoever. King Edward the sixt, Queene Elizabeth, and other our Princes holding their Crownes by a Parlia∣mentary Title, rather then by the course of the* 1.338 Common Law, which this Sta∣tute affirmes the Parliament hath power to alter, even in case of descent of the Crowne.

It is observable that the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 7. and 35 H. 8. c. 1. doe not onely Nulli••ie some of this Kings marriages, and ratifie others of them, declaring some of his issues legitimate and hereditable to the Crowne, others not, and appoint the Queene, if living, to be Protector of the infant King or Queene, that should inherit the Crowne; or such of the Lords as the King by his last will should designe; But likewise prescribe strict Oathes for every Subject to take, to maintaine the Succession of the Crowne, as it is limi∣ted by those Acts, which Oathes for any to refuse, is made high Treason, or to write or speake any thing against the succession of the Crowne as it is therein limi∣ted: And withall they derive a plenary authority to the King (who thereupon * 1.339 acknowledgeth the great trust and confidence his loving Subjects had in him, in putting in his hands wholly the Order and Declaration of the Succession of this Realme) by his Letters Patents under his Seale, or his last will in writing signed with his hand, for lacke of issue lawfully begotten of his body, to* 1.340 give, limit, assigne, appoint or dispose the imperiall Crowne of the Realme, to what person or persons, and for such estate in the same, and under such condi∣tions as it should please his Majesty. The Parliament therein promising by one common assent to accept, take, love, dread, and obey, as their Legall Governours, and Supreame heads, such person or persons onely, as the King by authority of those Acts should give the Crowne unto, and wholly to sticke to them as true faithfull Subjects. Provided, that if any of his Children or Heires, afterward did usurpe one upon the other in the Crowne of this Realme, or claime, or challenge the said imperiall Crowne, otherwise, or in any other course, forme, degree or conditi∣on, then the same should be given, disposed, or limited unto them, by the King, by vertue of those Acts. Or if any person or persons to whom it should please the King, by authority of those Acts to dispose the said Crowne and Dignity of this Realme, or the Heires of any of them, should at any time hereafter demand, challenge, or claime the Crowne of this Realme, otherwise, or in any other course, forme, degree or condition, then the same should be given, disposed, and li∣mited unto them by the King, by vertue and authority of these Acts; That then all, and singular offenders, in any of the premises contrary to these Acts, and all their Abettors, Maintainers, Factours, Counsellours, and Aiders therein, shall bee deemed, and adjudged HIGH TRAYTORS TO THE REALME; and that every such offence shall be ac∣cepted, reputed, and taken TO BE HIGH TREASON, and the offenders therein, their ayders, &c. for every such offence shall suffer such judgement, paines of death, losses and forfeitures of Lands, Goods, and Priviledges of sanctuary, as in any ••ases of high Treason.

And over, that as well THE KINGS SAID HEIRES AND CHIL∣DREN, as EVERY SUCH PERSON & PERSONS TO WHOM THE CROWNE SHOULD BE LIMITED AS AFORE∣SAID, and every of their Heires, for every such offence above specified, by them to be com∣mitted, SHALL LOSE AND FORFEITE AS WELL ALL SUCH RIGHT, TITLE, AND INTEREST, THAT THEY MAY CLAIME OR CHALLENGE, IN OR TO THE CROWNE OF THIS REALME, AS HEIRES BY DE∣SCENT, OR BY REASON OF ANY GIFT OR ACT DONE BY THE KING, for his or their advancement, by authority of those Acts, or by any man∣ner of meanes or pretence whatsoever.

And the Statute of 35 H. 8. c. 1. which entailed the Crowne upon Queene Mary, after Edward the sixt his decease without issue▪ 〈◊〉〈◊〉 this proviso;

That if th•• said Lady Mary doe not keepe and performe such conditions as King Henry by 〈◊〉〈◊〉 Patents or last Will in writing, 〈…〉〈…〉 estate in the Imperiall Crowne; 〈…〉〈…〉 Imperiall Crowne shall be and come to the 〈…〉〈…〉 lawfully begotten, in such like manner and forme, as 〈…〉〈…〉 Mary were then dead, without any Heires of her body begotten, any thing in this Act contained to the contrary notwithstanding. And the like provis there is for Queene Elizabeth, That if she performe not the like conditions, limited as afore∣said, to her estate in the Crowne, That then the said Imperiall Crowne shall be and come to such person or persons as the King by his Letters patents or last Will shall appoint.

By all which Acts, (worthy reading and consideration) the Par∣liaments Supreame power of setling and disposing the descent and inheritance of the Crowne, and giving Authority even to the King himselfe, to dispose of it upon condition, on paine of forfeiture as aforesaid (which the King alone had no pow∣er at all to doe) will easily appeare to the most malignant Spirits.

In the firsty 1.341 Parliament of our late King Iames, the first Bill then passed, was an acknowledgement, and confirmation of his immediate, lawfull, and undoubted succession and right to the Crowne of England, as the next and onely Heire of the blood Royall, to whom of right it descended; which Dolman the Priest, and some Jesuites opposed in Printed seditious Bookes. So thez 1.342 Articles of Qu. Maries mar∣riage with K. Philip, were appointed, and ratified by Parliament: And the Imperiall Ecclesiasticall Jurisdiction usurped by the Pope and Prelates, hath likewise bya 1.343 sundry Statutes beene restored and united to the Crowne, and the Title of Supreame head, and Supreame Governour in all causes, and over all persons, Spirituall, Ecclesiasticall and Temporall, setled upon our Kings and Queenes; Who during their minorities have had Guardians and Protectors, appointed to them byb 1.344 Parliament, to sum∣mon Parliaments, assent to Bills, and execute all Royall Jurisdiction in their names and steads. And as the Title and Right to the Crowne of England, and the Juris∣diction thereof hath thus from time to time beene decided and setled in and by our Parliaments, so hath the Title and jurisdiction of the Crowne of Scotland, beene c 1.345 frequently discussed and setled in our Parliaments, upon appeales made to them by the Kings of Scotland, and their Corrivals to that Crowne; Witnesse the famous

case and competition for that Crowne long agitated and resolved in Parliament be∣tweene the King of Norway, Bailiol, and Bruce, (to omit others) in the Reigne of King Edward the first; And this King Edwards Title to the Crowne of Scotland, decla∣red and resolved by our Parliament here; All which are Recorded at large by Tho∣mas Walsingham, and Matthew Westminster, in the life of King Edward the first, and in the Parliament Rolls, and Pleas of his Reigne, withd 1.346 sundry other instances of this nature (frequent in our Historians) which for brevity I pretermit.

It is ae 1.347 cleare case without dispute, that if the King should dye without any Heire, the Crowne would escheate to the whole Kingdome and Parliament, who might dispose of it in such a case, to what person they pleased, or quite change that forme of Government, if they saw good cause; no particular kinde of rule being so simply necessary by any divine Right or Law to any State or Kingdome, but that as it was at first instituted, so it may in such a case be changed by the whole Kingdomes generall consent, upon sufficient grounds. This appeares by the case of* 1.348 Charles the Grosse, who being deposed from the Empire and his Kingdomes, for a mad man, and dying without any Heire, the Kingdomes which before were subject to him, Destitute of a right Heire, began to fall in sunder on every side, and to chuse Kings of them∣selves of another Family. France elected Charles, a childe, sirnamed Simple, for their King; and after his simplicity displeased them, they Crowned Otho Sonne of Robert Duke of Saxony in his place▪ At the same time the people of Italy meaning to have a King of 〈…〉〈…〉 not agree on the matter, but some chose Beringarius, 〈…〉〈…〉 Kings in Italy, both calling and bearing themselves as 〈◊〉〈◊〉; And the Germanes elected Arnolph Duke of Bavaria for their Emperour. Thus* 1.349 Zeno the Emperour dying without any Heire that might succeed him, Ana∣stasius a man of great reputation, yet of no Noble Family, was chosen his Successor, by the Senate and Legions. The like we reade of divers other Emperours deceasing without Heire; of some of our Saxon and British Kings, before the Conquest; and of other in Castile, Aragon, & other Kingdomes, where the Crowne hath beene tran∣slated from one Family to another, by the Kingdomes consent for want of Heires.

Duardus* 1.350 Nonius Leo, a learned Portugall Lawyer, informes us; That Ferdinand King of Portugall, dying without any lawfull Heire, lineall or collaterall, as they beleeved; the Estate of that Kingdome assembling at Coimbre, elected Iohn a ba∣stard for their King upon this very ground, (specified in their decree of his Election) That King Ferdinand dyed without any lawfull issue or kindred; UNDE JU∣RE GENTIUM, Whence BY THE LAW OF NATIONS, they affirmed it to BE LAWFULL FOR THE PEOPLE TO CHUSE A KING OR GOVERNOUR, WHOM THEY PLEASED. Beleeving therefore, that they had returned to that state WHERE∣IN BY THE LAW OF ALL NATIONS THEY MIGHT CREATE THEM A KING, namely the kingdome being voyd without an Heire; They said they might lawfully elect Iohn, a most valiant man, and one who best deserved of the Common-weale to be their King, he being begotten of the stocke of the Kings of Portugall. Thus this whole Parliament at Coimbre; and this Lawyer there, and elsewhere* 1.351 affirmes; THAT BY THE LAW OF ALL NATI∣ONS, if the King in an Hereditary Kingdome die without Heire, THE PEOPLE

MAY LAWFULLY ELECT WHOM THEY PLEASE FOR THEIR KING; as they do in all elective Realmes: Which Ioannes Mariana, de Rege & Regis Instit. l. 1. c. 3, 4. doth likewise averre: The reason is,* 1.352 Because the whole kingdome and people are the originall supreame Soveraigne power, by whose common consent and Autho∣rity all lawfull Kings, kingdomes, and Royalties were at first created and instituted, and from whom they derived all their regall Iurisdiction: And therefore as all Mesnalties, Te∣nancies, and Fees, by the deaths of their Tenants without heire, returne by way of Escheate to those Lords and Sergniories, by whom they were original••y created; and all politique Corpo∣ration Lands, (as Abbies, Prioies, Bishopricks, Hospitals, and the like,) by the dissolution of those Corporations by death or otherwise, returne to the first founders of them; (as* 1.353* 1.354 all Rivers run into the Sea, out of which they primitively issue:) So all successive kingdomes by the selfe same reason, upon the Kings decease without any lawfull heires to inherit or succeed them, must by all Law, right, equity, revert to the dispose and dominion of all the People of the Realme, or to the representative Body thereof the Parliament as to the Supreame Lords and Founders of it; from and of whom the King himselfe doth hold the Crowne, (if I may so speake) by those regall duties and services expressed in generall in his Coronation Oath, which he takes to all his people;) and if he die his Heire to the Crowne being within age, the Parliament and kingdome as the Soveraigne Lord and power may and usually doth appoint a* 1.355 Guardian and Lord Protector over him (as I have* 1.356 elsewhere proved) till his maturity, to discharge his regall Trust and duty to his people in his name and stead. Hence Hugo Grotius in his Booke de Iu••e Belli & Pacis, r. 2. c. 9. sect. 8, 9, 10, 11. concludes: That if an elective King dye, or 〈◊〉〈◊〉 King decease without any knowne heire to succeed him, the Empire or Soveraignty 〈…〉〈…〉 in the King as Head, returnes unto, and remaines in the people as in the intire body, which continues the same it was before: And therefore in such cases they may either create a new King if they please, as in elective kingdomes, or divide the kingdome into parts, and erect a new Empire, as the Romans, Germans and Persians did; or change the Government; the people in this case being Sui juris, having the raines of Government in their owne hands, as at first before they erected an hereditary Monarchy, to order and dispose of the government as they shall thinke meete: it being a thing which in its owne nature is not capable of an Occu∣pancy, nor seisible by any, unlesse the people will voluntartly desert their owne liberty, none ha∣ving authority to usurpe a regency over them in such a case, but by their free assents. Upon which ground he holds with Cynus, and Raynorius, That if the Roman Emperour (or any other King by like reason) be sicke, or taken prisoner, so as he cannot administer the go∣vernment, the people of Rome may create and appoint him a Vice-roy to governe them; the power of the Emperour, and the most absolute Monarch, being onely a power of Administrati∣on for the peoples good and service, not of dominion for his owne profit; of which none but the people can dispose; as* 1.357 Abberius Gentilis proves at large.

Yea, Bishop Bilsonf 1.358 himselfe (though a great Royalist,) positively affirmes; That if a King, or right Heire to any Crowne be borne, or becomes a naturall Foole, or starke mad, or run besides himselfe, so that he is not able to governe himselfe, much lesse his Realme; in these two cases, ANY REALME BY PUBLICKE CONSENT and ADVICE MAY CHUSE ANOTHER KING: (for what should he doe with a Royall Office, or by what divine or humane right can he enjoy a Crowne, who is utterly unable to manage it?) Upon this groundg 1.359 King Childerick was deposed by his French and German Subjects generall consents, because he was a

fool, a Sot, a Beast, unable to govern his Kingdom, and Pepin of another race, elected and crowned King in his stead; which act by Pope Zacharies resolution, was adjudged both just and lawfull, even in point of conscience, before it was put in execution. So3 1.360 Charles the third, the last Emperour of Pepins race, was deposed from the Empire, by the Princes, Dukes, and Governours of the Provinces of Germany and France, for that he became foolish and unfit to govern, being bereaved of his senses; and by common consent, Arnolph was elected Emperour in his stead; Thus4 1.361 Iustinus the second falling into a frenzie and madnesse, so that he had no sense nor understanding of any thing that was done, was removed, and Tiberius placed in the Empire; at his Coronation, Iustinus used this notable speech; Let not the glory of these Imperiall robes, lead thee into errour, neither be thou deceived with the glorious shew of such things as are subject unto the senses, wherewith I my self now (alas) beig snared, have brought my self foolishly into grievous torments. Wherefore in governing the Empire with great moderation and mildnesse of spirit, redresse what is amisse, and correct what I have lewdly committed. And pointing at his ill Counsellors with his finger, he said;* 1.362 Thou must in no wise be ruled by these men, for these be those which brought me into this lament∣able plight, and the misery thou seest me in. A memorable strange speech of a distracted Prince. And thus the Emperour5 1.363 Wenceslaus, was likewise deposed by the Princes electors of the Empire, For besotting himself so with pleasures, &c. as that he became altogether unfit for the government, and a man unprofitable for the Empire and Christian Common-wealth; and Rupert Count Palatine of Rhine, and Duke of Bavaria, was elected Emperour in his stead. The like (no doubt) might be lawfully done here in England, by the whole Kingdom and Parliament, if any such cases of incurable folly or frenzy should befall any of our Kings, who might then either create a Lord Pro∣tector to govern both King or Kingdom, during such disabilities of Government in the King (as6 1.364 Childricke for a time, before his deposition, was governed and over∣ruled in all things by the Marshall of the Palace) or else Crown the next Heir King, if he be capable to Govern. Yea, in the time of our Saxon Kings, when the right Heir was an Infant, unable to govern, the Crown usually descended to the next Heir of full age: Hence* 1.365 Wibba King of Mercia deceasing▪ Penda his son being an In∣fant, the Crown descended to his Nephew C••orl of full age, after whose death Penda being of ripe age inherited the Kingdom. So King VVulfcher deceasing, leaving his son Kenred within age, his Brother Ethelred succeeded him; who resigning his Crown and turning Monke after he had Reigned 30. yeers, Kenred then of full age enjoyed the Crown. So Ethelfred King of Northumberland dying, Edelwald his Bro∣ther entred the Government and Reigned, Aldulfe, Ethelherds son, being then a minor, who enjoyed not the Crown till after Edelwalds death. So* 1.366 Casse••elan succeeded Lud his Brother in the Kingdom of Britain, Luds sons being too young and insufficient to Reign: The like was very usuall in Scotland, of which there are divers presidents in Grafton,7 1.367 Hector Boetius, and Buchanan, which I pretermit. All which particulars laid together, are a most clear unanswerable demonstration, that the Soveraignest power and Jurisdiction of all others, resides in the whole King∣dom and Parliament, not in the King himself, since they may thus dispose of the very Crown it self, and are the sole and onely supream Judges to determine all con∣troversies. all titles which concern it; The King alone having no power to trans∣fer it to any other without the Lords and Commons free consents, as was resolved

in the case of King Iohn, who resigned and granted his Crown to the Pope, without the Kingdoms consent; and therefore the resignation and grant were adjudged void not onely by the* 1.368 French King and his Lords, but by our own Parliament, as you may read in 40. Ed. 3. Nu. 8. and in Doctor Crakenthorpe, Of the Popes temporall Monarchy, Cap. 2. p. 251. to 255. I shall conclude this point with the words of this memorable Record;* 1.369 The Prelates, Dukes, Counts, and Barons, being in the white Chamber, and the Commons in the Painted Chamber, it was shewed unto them by the Chancellour, how they had understood the cause of the Summons of Parliament in ge∣nerall; but the will of the King was, that the causes should be shewed unto them in spe∣ciall, telling them how the King had understood that the Pope by vertue of a Deed, which he said that King John had made to the Pope to do him homage for the Kingdom of Eng∣land and the land of Ireland, and that by reason of the said homage that he ought to pay him every yeer perpetually one thousand Marks; and that he purposeth to make out Processe against the King and his Realm, for the said Service and Rent, concerning which the King prayed the advice and counsell of the Prelates, Dukes, Earles, and Barons: and what he should do in case the Pope would proceed against him for this cause, or against the said Realm: And the Prelates prayed the King that they might thereupon advise alone by themselves, and return their answer the next morning: which Prelates by themselves the next morning, and after the said Dukes, Earls, Barons, and great men, answered and said; That the said King John, NOR NO OTHER, MIGHT PUT HIMSELF, NOR HIS REALM, NOR HIS PEOPLE IN SUCH SUBJECTION, WITHOUT THE ASSENT AND ACCORD OF THEM: And the Commons being advised and consulted with thereupon, answered in the same manner. Whereupon it was ordained and assented BY COMMON CONSENT in manner following; In this pre∣sent Parliament held at Westminster, the Munday next after the Invention of holy Crosse, in the yeer of the reign of King Edward, the 40. as well to maintain the estates of holy Church, as the rights of his Realm and his Crown, it hath been shewed amongst other things; how it hath been reported and said, that the Pope by vertue of a Deed which he said that the said John, late King of England, had made to the Pope in perpetuity, to do him homage for the realm of Eng∣land and land of Ireland, and by rea∣son of the said homage to render to him an Annuall rent, and hath purposed to make Processe against the King for to recover the said Services and rent; The which thing be∣ing shewed to the Prelates, Dukes, Earls, Barons, and the Commons, to have their ad∣vice and counsell thereupon, and to demand of them, what the King should do in case that the Pope should proceed or attempt any thing against him or his Realm for this cause: Which Prelates, Dukes, Earles, Barons, and Commons having taken full deliberation thereupon, answered and said, OF ONE ACCORD; That the said King John, NOR NO OTHER MIGHT PUT THEMSELVES, NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THEIR ASSENT. And as it ap∣pears by many evidences, that if it were done, it was done WITHOUT THEIR ASSENT, AND AGAINST HIS OATH IN HIS CO∣RONATION. And moreover that the Dukes, Earls, Barons, great men, and Commons accorded and granted, That in case the Pope would endeavour or attempt any thing by Processe or any other act, to constrain the King or his Subjects to perform what is

said he will claim in this behalf; That THEY WILL RESIST AND OPPOSE HIM WITH ALL THEIR MIGHT. And before this in the great* 1.370 Councell of Lyons, the Proxies and Procurator of the Church and realm of England, in the name of the whole Realm, complained and protested against this grant of King Iohn as a meer Nullity, BECAUSE IT WAS MADE WITHOUT THE CONSENT OF THE REALM AND LORDS, which neither did, do, nor ever after would consent thereto, as I have elsewhere proved: This being the common received opinion of all Civilians and Statists, That no King or Emperour can alien, or engage all or any part of his Kingdom to another without his Subjects generall consents, and that such an alienation or Morgage is meerly void in Law to all intents, as Albert. Gent. De jure Belli, l. 3. r. 15. and Hugo Grotius proves at large, De jure Belli & Pacis, l. 2. c. 6. 7. & lib. 1. cap. 4. sect. 10. where he affirms, That a King who aliens and would actually deliver up possession of all or any part of his Realm to another forraign power without the peoples consents, may lawfully be resisted with force of Arms by his Subjects; concluding with this Sentence out of* 1.371 Seneca, with which I shall close up this Discourse; Et si paren∣dum in omnibus Patri (naturall or politicall) IN EO NON PARENDUM QUO EFFICITUR NE PATER SIT.

This point I have thus copiously debated, not out of any the least intention to derogate from his Majesties just Supremacie and Prerogatives royall, which I have oft solemnly sworn to maintain to the utmost of my power, and shall (God willing) per∣form; but out of a serious desire to rectifie the generall mistakes of men, touching a pretended Prerogative, which their fantasies onely (not the Law) have unduely attributed unto Kings: and to vindicate the just Liberties, Priviledges, and Prero∣gatives of Parliaments (so much decryed, declaimed against of late by a com∣pany of ignorant Papists, Malignants, Royalists, who know not what the juris∣diction of Parliaments is) according to the Protestation, the clearing of which points (in my weak apprehension) is the onely high and ready way to compose our present differences, to settle all our distractions, which the ignorance, the mi∣stakes of the Kings and Parliaments just Prerogatives and Powers, (next to the treacherous malice of Papists) have principally raised among us, almost to the ruine of the Kingdom. For my part, I professe sincerely, I love and honour both King and Parliament alike, and in the controversies now between them concerning their Jurisdictions, stand as a man indifferent to do right to both, without prejudice to either; and the King being the Principall Member of the Parliament, the ele∣vating of its now disdained Power to its due altitude, can be no depression, but ad∣vancement of the Kings Prerogative, which shines most perspicuously in Parlia∣ments, whiles King and Parliament are united, and is most eclipsed onely when they are divided, as the precedents in all ages manifest. And this I dare confident∣ly averre, That there are no such enemies to the Kings Prerogative, as those who ad∣vancing it beyond due bounds, do necessarily draw it into dispute, in which it com∣monly comes off with losse and diminution in the end, as in the late cases of Loanes, Ship-money, and the like. It was a notable true Speech of our King* 1.372 Henry the 8. in the 34. yeer of his reign in the case of one George Ferrers, a member of the Commons house, arrested contrary to their Priviledge, of which the King being in∣formed, used these words among other to the Speaker and House of Commons,

We are informed by our Iudges, That we at no time stand so highly in our estate Royall, as in the time of Parliament; wherein we as Head, and you as Members, are knit toge∣ther into one Body politick; so as whatsoever offence and injury (during that time) is offered to the meanest of the House, is to be judged, as done against Our Person, and the whole Court of Parliament; which Prerogative of the Court is so great, as all Acts and Processes coming our of Inferiour Courts, must for the time cease, and give place to the highest; which being so, My Vindication of the Parliaments Soveraign Power and Right, can be no impeachment, nor diminution of the Kings just Authority, though many Sycophants and Malignants falsly repute it so.

If any here object* 1.373 against the premises,f 1.374 That the King is the only Supreme Governour of this Realm, Thatg 1.375 Bracton,h 1.376 Fleta, and ouri 1.377 Law Books resolve: That the King hath no Peer in His Kingdom, for so He should lose His Em∣pire, since Peers (or Equals) have no command over one another; much more then ought He not to have a Superiour, or mightier, for so He should be Inferiour to those who are subject to Him; and inferiours cannot be equall to Superiours. The King ought not to be under man, but under God and the Law. If then Iust••ce be demanded of Him by way of Petition, (because no W••it runs against Him (thoughk 1.378 anciently some Writs did) if He do not justice, this punishment may be sufficient to Him, that He may expect God will revenge it. Nemo quidem de factis suis praesumat disputare, multo fortius contra factum suum venire, &c. Therefore the King is above the Parliament, and whole Kingdom, not they above Him.

I answer, First, That the meaning of all these Books is, That the King is above every one of His Su••jects, and hath no Peer nor Superiour, if they be taken parti∣cularly and dist••ibutively, as single men; as the words Parem, Superiorem, in the singular number, and the like, explain the meaning of the Books to be. But if we take them collectively in Parliament, as they are one body and represent the whole Kingdom; then these very Authors resolve (in their forequoted words) That they l 1.379 are above the King, and may, yea, ought to restrain and question his actions, his Mal••-Administrations, if there be just cause.

Secondly, Bracton explains himself, how He is highest and without a Peer, to wit, Inm 1.380 distributing Iustice, that is, He is the highest Iusticiar in the Kingdom, but as low as any in receiving Iustice.

Thirdly, Even in Parliament it self, the King is the Supreme Member, and in that regard the Parliament in most publike Acts, in all their Petitions or Addresses, usuall stiles him,n 1.381 Their Soveraign Lord: Besides, The Parliament it self is ever o 1.382 summoned, dissolved by his Writ, in his name, by his Authority: And in passing all Acts and Bills of Grace, or such as are not simply necessary for the publike safety and utility of his people, He hath an absolute negative voyce, and his Royall assent is in some sence simply necessary for the passing of all ordinary lasting binding Laws: In which respects he is, and may be truely said in some sence, To be above the Parlia∣ment it self, and the only Supreme Governour; but yet in the forenamed regards, the Parliament really is, and may be justly averred to be Paramount him, and the Su∣premest Soveraign Power, though not Governour.

Fourthly, The Oath of Supremacy, That the King is the only Supreme Gover∣nour, relates only, and at least principally to the Popes forraign Princes Authorities, formerly usurped in this Realm, as the Title, Words, scope of the Statute of 1 Eliz.

cap. 1. and the very next words in the Oath it self undenyably manifest, (And that NO FORRAIGN Power, Person, Prelate, State or Potentate hath or ought to have any Iurisdiction, Power, SUPERIORITY, PREHEMI∣NENCE, or Authority, Ecclesiasticall or Spirituall within this Realm; and there∣fore I do utterly renounce and forsake ALL FORRAIGN Iurisdictions, &c.) Therefore it refers not at all to Parliaments, or their Jurisdiction, Power, Superio∣rity, Preheminence, or Authority; not so much as once thought of by the prescri∣bers of this Oath, which had its creation and Authority from the Parliament, and made some addition to the Kings Prerogative.

Fifthly,p 1.383 Bodin with others (as I shall hereafter manifest) assure us, That the Soveraign Power, and Iurisdiction both in the Roman and German Empires, and in most forr••ign Christian Kingdoms, was, and yet is, in the Senate, People, Parliaments, States, Dyets; yet this is no empeachment at all to their royall Supremacies, or Titles of Supreme Heads, and Governours, Within their own Dominions, no more then the asser∣ting of generall Councells to be above Popes themselves, by the learnedst Papists, is any derogation (as they hold it is not now) to the Popes most absolute pretended Sove∣raignty q 1.384 above all Emperours, Kings, Princes, Prelates, Subjects, and the world it self, of which they affirm him sole Monarch: Therefore by the self-same reason, this asserting of the whole Kingdoms, and Parliaments power to be above the Kings, is no diminution at all, much lesse a denyall of his Supremacy, and just Prerogative Royall.

If then the Parliaments Power be thus higher and greater then the Kings Perso∣nall Power and Jurisdiction out of Parliament, it will necessarily follow from hence:

First, That in these unhappy times of division and separation of the Kings Per∣sonall presence (not legall which cannot be severed) from the Parliament: The Lords and Commons Orders, Votes, Ordinances, made legally in Parliament it self, are to be preferred, obeyed by all the Kingdom, before any His Majesties Pro∣clamations, Declarations, Commissions, Warrants, or Mandates, made illegally out of Parliament in affront of both Houses proceedings and Decrees, since when ever two distinct powers command different thing••, that are lawfull, or of the same nature, the higher Power ought still to be obeyed; As if a Master commands his Servant one thing, and the King another; or the King one thing, God another; the King is to be obeyed before the Master, because the Superiour Power; but God before the King, because the highest Power, as ther 1.385 Fathers and Canonists resolve most fully: And* 1.386 Doctor Ferne with other asserters of the Kings Prerogative, not only grant, but prove; And therefore presse an absolute Obedience to all the Kings com∣mands against the Parliament, on this false ground; Because the King (say they) is the highest Soveraign Power, and above the Parliament it self: The contrary whereunto being now made evident to all men; The Argument falls fatally on them that urge it. The Parliament, not the King, is the most Soveraign Power: Erg••, Its Votes, and Ordinances must be preferred and obeyed before the Kings.

Yea, The Parliament being the highest Power, the King Himself ought to submit thereto, and to be ruled and advised thereby. This conclusion (though it may seem a Paradox to most men) is an undubitable verity both in point of Divinity and Policy, as is most apparent, by the 1 Sam. 14. 38. to 46. and c. 29, 1, to 11. 2. Sam. 18.

2, 3, 4. c. 19. 1. to 9. 1 K. 12. 1. to 25. 2. K. 20. 7, 8, 9. 1 Chr. 13. 1. to 6. 2 Chr. 10. & 11. c. 30. 2, 3, 5, 23. c. 32. 3. Esth. 1. 13. to 22. c. 9. 23. to 23. Ier••. 38. 4. to 28. Dan. 6. 4. to 20 Ionah 3. 7. Ezra 10. 3. 8. Eccles. 4. 13. Prov. 11. 14. c. 15. 22. c. 25. 5. compared to∣gether, and with Iosh. 20. 11. to 34. Iudg. 20. 1. to 20. (where we finde the Princes, and people alwayes overruling their Kings, who submitted their judgement wholly to them, not the Kings overruling their Princes and people;) who as Iosephus records, Antiqu. Iudaeorum, l. 4. c. 18. Ought to do nothing besides, against, or without the sen∣tence of the Senate, or Congregation; Whence King Zedechiah said unto his Princes, Jere. 38. 4, 5. The King is not he that can do any thing against you: And in point of Law and Conscience, even in our own Kings and Kingdom, as is clear by 20 E. 3. the Preface, and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors, 38 E. 3. Stat. 2. c. 1, 2, 3. 3 E. 1. c. 17. and 48, with other Statutes which I shall hereafter cite at large, in answer to the fourth Objection, concerning the Kings negative voice; which Texts and Statutes those who will, may peruse at leisure for their better satisfaction. And in Pauls time, the highest Powers in Rome, were not the Roman Emperours, as ignorant Doctors make the unlearned world beleeve, but the Roman Senate, who had full power, not only to elect and command, but censure, and de∣pose their Emperours, and adjudge them unto death, as* 1.387 Iohn Bodin acknow∣ledgeth, and I shall hereafter abundantly manifest in the Appendix.

Secondly, That the Parliaments resisting of the Kings personall Commands (especially such as are illegall and destructive to the Kingdom) or any private Sub∣jects resisting them by vertue of a publike Ordinance or Countermand from the Parliament, is no resisting of the higher Power, against Pauls injunction, Rom. 13. 1. to 7. asf 1.388 Doctor Ferne, and other illiterated Doctors vainly fancy, but a direct submission and obedience to the highest Powers (the Parliament;) and those who resist the Parliaments Ordinances and Commands (especially such as tend to the preservation of Religion, Laws, Liberties▪ Priviledges of Parliament, and the Kingdom, or bringing Delinquents to condign punishment) though they do it by vertue of any extrajudiciall countermand from the King or His ill Counsellors, do both in point of Law, Divinity, Conscience, resist the higher Powers, because they resist the Parliament (which is in truth, the highest Power, as I have manifested, not the King:) and so shall receive damnation to themselves for it, either here, or here∣after, if they repent not; which I seriously desire all those Delinquents, Papists, Malignants, ill Counsellors, and Cavaliers, to consider, who contrary to severall Orders, and Declarations of Parliament, yea contrary to the Law of God, of Na∣ture, of the Realm, have like unnaturall Vipers, taken up offensive Arms against the Parliament and Kingdom, to ruine them, Religion, Laws, and Liberties at once.

Thirdly, Hence it follows, That the Resolutions and Declarations of the Lords and Commons in Parliament, the supremest Court, against the Commission of Array, Arming of Papists, raising of Forces, imposing Taxes to maintain Warre against the Parliament, Plundering, and the like, ought to be obeyed, and submitted to, as law∣full and binding, both by the King Himself, the Kingdom, and every private Subject whatsoever; and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct opposition and contradiction to these Resolutions and Votes of both Houses in Parliament, ought not to be obeyed, the King himself as our Law

Books resolve, Being not 1.389 competent Iudge (especially out of his Courts) what is Law, or what not in those Cases, but the Parliament only. Which extrajudiciall new device of controlling, affronting the Resolutions and Declarations of both Houses, by opposite Proclamations, and Declarations published in his Majesties name; is such a transcendent violation of, and contempt against the known priviledges, the sacred venerable Authority, and power of Parliaments, as (I am confident) no age can Paralell; and if not severely vindicated by exemplary punishments of the highest nature, upon those ill Counsellors, and corrupt Lawyers, who contrive and pen them, will bring this highest, greatest and most honourable Court (wherein theu 1.390 whole Kingdom, and every Member of it are represented) into greater con∣tempt and lesse estimation with all men, (whether Natives or Forraigners) then the basest Court of Pipouders is. No King nor Subject ever yet attempted such affronts against the Resolutions of any Judges in inferiour Courts; Let no person whatso∣ever then presume by pen or tongue, any longer to arraign or traduce the Resoluti∣ons and Ordinances of this highest Tribunall. If Kings or Counsellors of State, will instruct or excite the Subjects, peremptorily to disobey and contemne the Ordinances, the Judgements of the Parliament, let them never expect the least obedience or submission to any of their own commands, which are of lesser credit and Authority; which all former Ages have most reverenced and submitted to.

Fourthly, That the Parliament and whole Kingdom, being the highest Power, or any Member of the Parliament, cannot by any publike Acts or Votes of theirs consented to in Parliament, become Traytors, or guilty of high Treason, against the King, either by the Common Law, or the Statute of 25 Edw. 3. chap, 2. of Trea∣sons, which running in the singular number; If A MAN, &c. (That is, any private man or men, by their own private authority) shall levy warre against the King, &c. it ought to be judged high Treason; extends not to the whole Kingdom, or Court of Parliament representing it, (of which no treason was ever yet pre∣sumed,) the rather, because the Parliament by this very act is made the Iudge of all Treasons that are doubtfull, and was never yet included within the words or mean∣ing of any Law concerning Treason, and therefore cannot be guilty of it. Hence the depositions ofa 1.391 Archigallo and Emerian, two ancient British Kings, by the unanimous assent of the Lords and Commons, for their rapines, oppressions, and Tyranny, with other forenamed Saxon Kings; and of Edward the second, Richard the second, Henry the sixth, Edward the fourth, by Acts of Parliament; the creating of Richard the third, King; with the frequent translations of the Crown from the right Heir at Common Law,b 1.392 to others who had no good Title, by the whole Kingdom or Parliament, (no lesse thenc 1.393 high Treason in private persons) was never yet reputed, much lesse questioned for, or adjudged high Treason in the whole Kingdom or Parliament, or any chief active Members in those Parliaments; which by the Law, are uncapable of Treason, for any their judiciall actions and re∣solutions in such cases, being only Tortious and Erroneous, reversible by other Acts in Parliament, not Trayterous and Rebellious, as appears by all the forequoted Sta∣tutes; and by 13 Eliz. cha. 1. which makes it high Treason for any person to affirm, That the Queen by Authority of the Parliament of England, is not able to make Laws and Statutes of sufficient force to alter, limit, and binde the Crown of this Realm, and the Descent, Limitation, Inheritance, and Government thereof, and any mans Title, or right thereto.

And for direct Authorities in this very point,e 1.394 Robert Trisylian and Belknap (then chief Justices) Holt, Fulthorp, and Burgh, Judges, Locton King Sergeant, and Blake the Kings Counsell, in the Parliament of 11 Rich. 2. Were condemned, executed, and banished the Realm, as guilty of high Treason, only for affirming under their Hands and Seals.f 1.395 That the Duke of Glocester, the Earls of Arundel and Warwick were; and the other Lords and Commons might be guilty of high Treason, for procuring a Commission, and other proceedings Voted in Parliament, and be punished it as Traytors. Which opinion of theirs, being afterwards affirmed for Law, in a packed Parliament, 21 Rich. 1. was the very next Parliament in 1 Hen. 4. c. 2. 3, 4. repealed, and the judgement given against those Judges for this Trayterous opinion (tending to the utter subversion of Parliaments) resolved, and enacted to be just. Thisg 1.396 Iudgeh 1.397 Belknap foresaw, and therefore was unwilling to put his Seal to this opinion, saying; There wanted but a hurdle, a horse, and halter, to carry him where he might suffer the death HE HAD DESERVED: For if I had not done this, I should have dyed for it, and because I have done it, I DESERVE DEATH for betraying the Lords. Which makes me wonder at a passage in i 1.398 Speed (who records it) now frequent in Malignants mouthes. That the very shop where the Barons originall Treasons were forged, was THE PARLIA∣MENT-HOUSE, wherein from time to time they forced on the King (Edward the second) presumptuous and TREASONOUS ORDINATIONS, not only to reform the Kings House and Counsell, and to place, and displace all great Officers at their pleasure; but even claimed a joynt interest in the Regiment of the King∣dom, together with the King, which William I••ge (a Iudge of the Common Law) with other like sticklers, trayterously perswaded them, was according to Law: Which grosse slander of the Parliament House, would have been capitall at least in former ages, and may now indanger the necks of those who speak or write the same of the present Parliament. Never did any of our Kings, charge any Parliament with high Treason hitherto; much lesse indict or wage warre against their Parliaments, as Traytors, though they have questioned and deposed Kings for offences against, and being Enemies or Traytors to the Kingdom: Let none then dare affirm, That the Houses of Parliament are, or can be Traytors now, for providing for their own, and the Kingdoms safety, by a necessary defensive Warre, which I shall in the third part fully clear to be neither Treason, nor Rebellion against the King in point of Law, or Conscience, either in the Houses of Parliament, or any that bear Arms by their command.

Fifthly, That to conspire or levy warre against the Parliament, or Kingdom, to dissolve, or destroy it, or the Members of it, is no lesse then High Treason; as hath been solemnly adjudged in Parliament, 15 E. 2. in the Act entitled, Exilium Hugonis le de Spenser, in 1 E. 3. the Preface, and cap. 1. in 11 Rich. 2. c. 2, 3, 4. and in the Parliament Roll, Printed by Order of both Houses, August 27. 1642. And before both these, ink 1.399 Glanvil, who declares it to be Treason, even at the Common Law, Si quis machinatus fuerit vel aliquid feoerit in SEDITIONEM REGNI: Agreeable tol 1.400 Vlpian, and them 1.401 Saxon Laws, which inform us of Treasons against the Common-wealth and Kingdom, (the case ofn 1.402 Cateli•••• ando 1.403 others) as well as against the King; and to the Statute of 13. Eliz. c. 1. which makes it High Treason for any person to stirre up any Forraigners or strangers

with force to invade this Realm or Ireland. And if it be no lesse then high Treason against the King to slay the Chancellour, Treasurer or any of the Iudges, or Iustices of either Bench, Eyer, Assize, or Oyer and Terminer, being in their places doing their Offices (though by the Kings command; as is clear by 25 E. 3. c. 2. and all our Law Books;) then much more must it be high Treason against the King and Kingdom, to warre against the highest Court of Parliament, or slay any Member of it, for doing their Offices and executing the Houses just Commands. If bare mis-Councelling the King to the prejudice of the Kingdom, hath so frequently been adjudged high Treason against the King and Realm in severall Parliaments, as appears by the forecited Histories of Gaveston, the two Spensers, Alexander Nevill, De la Pole, Trysilian, and others; then what is it to miscou••cell, and assist him to make an offensive War against his Par∣liament, Kingdom, people, for to ruine them? certainly this must be high Treason against King and Realm in the superlative degree. If the Parliament and Kingdom be destroyed, or their hearts blood shed, their vitall spirits let out by an unnaturall War against them; the King himself (at least in his royall Capacity as King) and his royall posterity too, must necessarily be unkinged, and overwhelmed in their ruines; but if the Kingdom stand and flourish (for whose Peace and safety Kings themselves ought not onely to lay down their Crowns, but* 1.404 lives, as Christ, the* 1.405 King of Kings hath resolved, and the High Priest too,) though the King should die or pe∣rish (as all* 1.406 Kings ever were and will be mortall) yet their posterity may enjoy the Crown, and reign in honour, in prosperity after their death, which they cannot do if the Kingdom perish. Therefore all those Malignants, Papists, Delinquents, and others, who have most unnaturally taken up arms against the Parliament and King∣dom to dissolve and ruine them, though by the Kings own illegall Commission or Command, are not onely Arch-traytors to the Parliament and Realm alone, but likewise to the King himself and his Posterity too, in the very judgement of Law; whose blood is shed, whose Crown and Royalty subverted, ruined, in the bloodsh••d, ruine, destruction of his Parliament, Kingdom, people. As it is in the naturall, so likewise in the politic•• Body; a mortall wound in any part of the body, kills both body and head; the body naturall or politicke cannot die or miscarry, but the head must do so likewise; therefore this War against the Parliament and Kingdom, must in point of Law and Conscience too, be a War against the King himself the chief po∣litick head and member of them both, from which he cannot legally be severed, and high Treason at least against them both, as the Parliament, the sole Judge of Treasons hath resolved long since in their* 1.407 Declaration of August 18. 1642. in th••se positive words; The Lords and Commons do declare, That all such persons as shall, upon any pre∣tence whatsoever, assist his Majesty in this war, with Horse, Arms, Plate, or Money, ARE TRAYTORS TO HIS MAJESTIE, THE PARLIAMENT AND THE KINGDOM, and shall be brought to condigne punishment for so high an offence: which they have since seconded in sundry other Declarations and Im∣peachments.

In brief, the Gunpowder plot in 3. Iacobi to blow up the Parliament House, was then adjudged, resolved by the Parliament,* 1.408 King and Judges, to be high Trea∣son, not onely against the King, but Parliament and Kingdom too: and to blow up, or assault the Parliament now, in the Kings absence, is questionlesse High Treason, both against the King, Parliament, and Kingdom. Yea, the Statute of 28. H. 8.

c. 7. declares those, who shall claim the Crown even of right, in any oeher manner then is limited by vertue and authority of that Act, after the Kings death; with all their Counsellors and abettors, to be deemed and adjudged HIGH TRAITOURS TO THE REALM, (not the King) and such their offence to be reputed HIGH TREASON; and they for it, to suffer such pains of death and forfeiture of Lands and Goods, as in any cases of high Treason is used, onely because it might in com∣mon probability ingender a Civil war and Dissentions in the Kingdom, to be destruction of the people and their posterities; much more then must it be high Treason against the Realm, and those High Traitours who now actually wage War against the Parliament, the Kingdom, and destroy the Subjects and their estates in divers places, which they have burned, sacked, ruined. I read in* 1.409 Fabian, that Eguiran, chief Coun∣cellour to Philip the third of France, was judged to death, and hanged on the Gibbet at Paris, for Treason against King Philip and the REALM OF FRANCE, as our Powder Traitors were executed for high Treason against the King and Realm of Eng∣land of late, and Gaveston with the Spensers heretofore.

By the Stat. of 1 E. 3. c. 1. 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Stat. 2. c. 6. & 1. Mariae c. 6. certain offences are declared, and made high Treason, and the committers of them, Traitours and enemies, not one∣ly, to, and against the King, but likewise, TO, AND AGAINST THE REALM: and in particular; the illegall indicting of some Lords to destroy them, as guilty of high Treason, for procuring a Commission in Parliament supposed prejudiciall to the King and his Crown, in 10 R. 2. c. 1. and the opposing and annulling of that Com∣mission, and of some Processe, Iudgements, Executions, made, given, and affirmed in some of these Parliaments, raising forces, and leavying war against the Parliament, and Mem∣bers of it to destroy them, were then* 1.410 adjudged high Treason both against the King and THE REALM (though done by the Kings expresse Commission and command:) The reason is, because the King himselfe and the whole Realm in judgement of Law,* 1.411 are ever legal∣ly present in and with his Parliament when they sit, (as I have already proved) where ever the Kings person is; and his royall legall will (of which alone the Law takes notice) is ever presumed to concur with his greatest Counc••ll the Parliament, against whose Priviledges, safety, and protection he neither can nor ought by Law or right to at∣tempt any thing; and if any personall Commands or Commissions of the King, under his great Seal, to do ought against Magna Charta, the Subj••cts liberty•• safety, property, the Parliaments Priviledges, the Common or Statute Laws of the Realm (all which, together with the Kings Coronation Oath, and the Prologues of most old Parliaments expres∣ly prohibit the levying of war, killing, wounding, murthering, imprisoning, disinheriting, robbing, or plundering of the Subjects, without legall triall or conviction, as do the Sta∣tutes of 2 R 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers, especially the Welchmen;) issue out to any person or persons whatsoever, especially to raise forces or levie war against the Parliament or Subjects, they are meerly void in Law, and will rather aggravate then extenuate the guilt of those who obey or execute them: as is clearly resolved, not onely by 42. Ass. p. 5. 12. Brooke Commissions: 15. 16. Cooke l. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewise expresly adjudged and enacted by the Statutes of 15 E. 3. 81. 1. c. 1. 3. 42. E 3. c. 1. 3. 11 R. 2. c. 1. to 6. 21 Iac. c. 3. the Petition of Right, 3 Caroli. 28. E. 2. Artic. super Chartas c. 2. 4 E. 3. c. 4. 5 E. 3. c. 2. 25 E. 3. c. 1. 15. 34 E. 3. c. 2. and generally

by all Statutes concerning* 1.412 Purveyors: by the memorable old Statute of 15 E. 3. Stat. 1, If any Minister of the King, or any other person of what condition soever be be, do or come against any point of the great Charter, or other Statutes, or the Laws of the Land, he shall answer to the Parliament, as well as the SUTE OF THE KING, as at the sute of the partie, AS FAR FORTH WHERE IT WAS DONE BY COMMISSION OR COMMANDMENT OF THE KING, as of his own authority: And by that parallel good Law recorded by* 1.413 Fabian, made in Parliament in the fi••st yeer of King Henry the fourth; That no Lord, nor other person of no 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 unlaw∣full deeds, saying; That for fear they durst not otherwise do; for such excuse after this day SHALL STAND HIM IN NO STEAD. And in this Parliament, * 1.414 Hall was judged to be drawn from the Tower of London unto Tiburne, and there to be hanged and quartered (which was accordingly executed) onely because he was one of those who secretly murthered 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, for his good service done in Parliament in 10 & 11. of this King) and likewise the Dukes of Aumarl, Surrey, Exeter, with other Noble-men, were deprived of their Dukedoms, of most of their Lands, Castles, Honours, for having a finger in this Dukes suffocation and death by King Richards instigation and command, (and had lost their heads too if the common people had been their Judges, who murmured against King Henry for sparing their lives) as you may read in* 1.415 Walsingham and Speed.

If these then who murthered but one good Peer of the Realm by the Kings speciall com∣mand, for his good service done in former Parliaments, after an illegall judgement of high Treason given against him, were thus hanged, quartered, degraded as Traytors by a solemn Judgement in Parliament; how severe a censure may they expect, who without, and before any such conviction or sentence, have taken up offensive Arms to murther and destroy the Parliament it self and chiefe Members of it as Traitors, and caused them or any of them ille∣gally to be proclaimed Traitors, the more colourably to wage War against them? All which I would advise His Majesties Captains, Cavalliers, and ill Counsellors to consider. The rather, because all levying of War either against the King, or against the Kingdom and Parliament, (now made a matter of high Treason on both sides) must and ought to be deter∣mined and resolved, which of them is high Treason and which not, and the pa••ties guilty of it, must and ought to be tried, arraigned, judged, and condemned for it, onely in and by the Par∣liament, and in and by no other Court or Iudges, as is punctually resolved by the severall Statutes of 11 R. 2. c. 1. 2. 3. 4. 21 R. 2. c. 2. 3. 4. 12. 20. 8 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 in Arms are Traitors? and the onely Court wherein all must be tried on this point, they may easily judge who are and must be the Traitors in this case; and those who by the Kings meer personall command and presence (whom they have treacherously withdrawn from his Parliament) fight now both against Parliament and King in his legall and regall capacitie, when the time of triall comes, will be found reall Traytors both to King and Kingdom (what ever their own ignorance, temporizing Lawyers, or hopes of prevailing may now suggest unto them) as the Parliament hath already declared them in sundry Remonstrances. In the Parliament of 15 E. 2. the two Spensers were by a* 1.416 speciall Act of Parliament adjudged Traitors, banished, and their lands and goods confiscated, for miscounselling this King, and advising him to ride with armed Troops of horses and men into Glocester∣shire to assault the good people there, and to levie war within the Realm, to the destruction of the Church and people, contrary to the form of the great Charter, and breach of the peace of the Realm: What severe judgement then may those ill Counsellors and Cavalliers deserve, who have actually levied

war, not onely against the County of Gloc••ster, (which they have pitifully harrowed and spoiled, contrary to all Law, sackingp 1.417 Cicester to its utter ruine, and leading away the good people thence captives to Oxford in triumph, for the most part barefooted, through dirt and mire, in the cold Winter season, chained together in ropes, more like to Turkish Gally∣staves 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,* 1.418 and justifie the killing of all those who shall violently assault them or their houses, 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 who would give it to them, many of them being since dead at Oxford of famine and more then barbarous usage, but likewise against most Counties and many Towns of England, (miserably wasted, sacked, pillaged, and some in cold blood burned by them) and the whole Kingdom, Parliament, yea King himself in his politick Capacitie; and raised an Army of Papists against expresse 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 soul abhors to think of) have lately in a most impious manner, Shit upon the English Bible in folio, defaced and burnt many Testaments, and godly English Books, in Iohn Hamonds house (a Bookseller) in Marleborough, when they sacked it, in contempt of our Reli∣gion, setting the chimney on fire with their excessive flames; and if reports be credible, have since burned divers English Bibles, with other good Books, in the publike Market place at Reading, under the very Gallows, in detestation of our Protestant Faith, whose utter extirpa∣tion is their chief designe. Certainly, if these ill Councellers, or murdering Plundering Ca∣valliers once come to a legall triall, a Gallows will be too milde a punishment to expiate such a prodigious high Treason, which former ages can hardly parallel, especially if they persevere therein. But of this more hereafter.

Sixthly, Hence likewise it necessarily follows, that the Houses of Parliament being the Soveraign Power, ought of right to enjoy, and may when they see just cause for the King∣doms safety and benefit, order the Militia, Navy, Ports, Forts, and Ammunition of the Realm, and dispose of them into such persons custodies as they may safely con••ide in; nominate and elect, both the great Counsellers, publike Officers, and Judges of the Kingdom; of right require, (if not enforce, if wilfully denied) the Kings Assent to all publike Bils of Right and Justice, necessary for the Common-weal and safety of his Subjects, in which the King hath no absolute Negative voice; take up defensive Arms to protect their Priviledges, Laws, Liberties, and established Religion, not onely against Malignants and Popish Recusants, but the King himself, if he raise Forces against them, make war upon them, against his Royall Oath and duty, declaring himself an open enemy to his Parliament and kingdom, That they may lawfully in case of present ruine and danger, without the Kings concurrence, when he shall separate himself wilfully from, or set himself against them, (which theq 1.419 Estates of Ara∣gon held A WICKEDNESSE in their King Alfonso the third:) impose taxes on the Sub∣ject, and distrain their goods, imprison, confine, secure their persons for the publike safetie, when they deem it absolutely necessary. All which, with other particulars, I shall (God willing) fully prove, by such Demonstrations, Arguments, punctuall Authorities, and unde∣niable precedents in former ages▪ as shall, I trust, undeceive the blinded world; and convince, if not satisfie, the greatest Royallists, Papists, Malignants, both in point of Law and Con∣science, in the next parts of this Discourse.

Notes

• * 1.1

  Dated. Ianu. 10. 1606. and Febr. 22. 1603.
• * 1.2

  Note this.
• a 1.3

  Who con∣fesseth & justi∣fieth it, in his Speech in Star∣chamber, Iune 14. 1637.
• b 1.4

  See the Parliaments late Declarati∣on.
• c 1.5

  See King Iames his A∣pology against Bellarmin, Lau∣rentius Byer∣link, Opus Chro. p. 319. Deus & Rex. The Lord William Ho∣wards Sonnes la••e Booke in Defence of Pa∣pists taking the Oath of Alle∣giance.
• * 1.6

  3 Iac. c. 4.
• d 1.7

  See Dr. Iones his Book of Examinati∣ons.
• e 1.8

  Dedicated to King Iames, printed at Lon∣don 1621.
• e 1.9

  Dedicated to King Iames, and printed at London 1624.
• f 1.10

  In his Ser∣mon there, Mar. 24. 1615. p. 43. 44.
• g 1.11

  See Plaine English.
• * 1.12

  Object.
• * 1.13

  Crimination. 1.
• * 1.14

  Object. 2.
• * 1.15

  Answ.
• h 1.16

  The obser∣vations, a ••uller answer to Dr. Ferne, with o∣thers. The Re∣monstrance of the Lords and Commons, Novem. 2. 1642.
• * 1.17

  1 Eliz. ch. 1.
• * 1.18

  Answ.
• i 1.19

  Rex habet superiorem, De∣um, &c. Item le∣gem per quam factus est Rex. Item Curiam suam: viz. Co∣mites, & Baro∣nes, quia Comi∣tes dicuntur quasi s••cii Re∣gis, & qui ha∣bet socium habet magistrum: Et ideo si Rex fue∣rit sine fraeno, i. sine lege, DE∣BENTEI FRAENVM IMPONERE, &c.
• k 1.20

  Fox Acts & Mon. Edi. 1641 Vol. 2, p. 879, 880. Aeneas Sylvius de ge∣stis concilii Ba∣siliensis, & Su∣rius conci. Tom. 4.
• * 1.21

  Lib. 2.
• l 1.22

  Surius, con∣cil. to••. 4. p. 1. &c And Aeneas Sylvius hist. Concil. Basili∣ensis.
• m 1.23

  Spe. hist. p. 207, 266, 267. Mat. West. Ann•• 445. 454, &c. See Hunt. hist. l. 2. p. 320 Pol. l. 5. c. 1. Fab. p. 73. Dan p. 8. H••l. Graft. Vin. Speed hist, l 20 c. 11. & others.
• n 1.24

  Spee. hist. p. 229, Huntin. & Mat. West. An. 756. Hol. Graf. in his life.
• o 1.25

  Spee. hist. p. 245, 246. Hunt. & Mat. West. an. 792 See Holin. Graft. & others
• n 1.26

  Matth. West. An. 158. p. 275
• o 1.27

  Matth. West. An. 821. Speed hist, p. 255.
• p 1.28

  Mat. West. Hunt. Poly. Fab. Holin. Graf. An. 9••7.
• q 1.29

  Fabian, part 2. c. 49. 40. 41. p. 30. 31. with Matth, Westin. Huntingdon, Polychronicon, Geoffry Mom∣moth, Hollinsh. Graf••on, Speed, and others in his life.
• r 1.30

  Fabian, part 2. c. 46. p. 34. Geoffry Mom∣moth, Hunting∣don, Matthew Westm. Poly∣chron, Hollinsh. Grafton, Speed, in his life.
• s 1.31

  Matth. Pa∣ris, hist. Angl. p. 264. to 280. Speed, p. 585. &c. Hollinshead Grafton, Stow, Daniel, Wal∣singham.
• t 1.32

  Walsingham, hist. Angl. p. 398. &c. Fabi∣an, part. 7. p. 345. Polychron. l. ult. c. 9. Hol∣linshead, Graf∣ton, & Speed, p. 758 to 766.
• u 1.33

  Walsingham Hol. Fab. Speed, p. 680. to 697.
• x 1.34

  Speed, p. 869. 878. 879. 887. Hollinsh. Polychronicon, Fabian, Grafton, Hall, Stow, Cax••on in their lives.
• y 1.35

  Speed p. 410 411▪ 425, 426▪ 404. to 407. 410. 416. 418 419. 455▪ 456. 466, 467. 548, 549, 550, 590, 591. 762. See Matthew Paris, Matth. West. Malmsbu. Hunt. Eadmerus Fabian, Walsing. Caxton, Polych. Polydor, Virgil. Hall, Graf••on, Stow, How, Hol. Hayward, Mar∣tin, Daniel, and Sir Rich. Baker in their seve∣rall lives of these King••.
• z 1.36

  Mat. Paris hist. p. 243. to 255. Daniel, p. 142, 143, 144.
• a 1.37

  Matth. Paris p 96 97. Daniel p. 85.
• b 1.38

  Matth. Paris p. 324. 325. Daniel. p. 151. 152.
• c 1.39

  Matth. Paris p. 420. 421. 430. 451. 452. See Matth. West. Polychronicon, Fabian, Holling▪ Graf••on, Dan. p. 157. 158.
• d 1.40

  Matth. Pa∣ris, p. 938 940 941. 942. Dan. p. 177. 179.
• e 1.41

  Walsingh. Hist p. 70 71. See Fabian, Hol∣linshead, Graft▪ Speed, Daniel, in 3. & 4. E. 2.
• f 1.42

  Walsingham, Hist. p. 90. 91, 92, 93. Exili∣um Hugonis le Despenser, in Magn•• Charta. part. 2. f. 50. to 57. See Hollin. Fabian, Speed, Grafton, Daniel, in 14. & 15. E. 2.
• g 1.43

  Hist. p. 107. 108. Ypodigm. Neustr. p. 109. 110.
• h 1.44

  In Cambd. Britan. the last English editi∣on p. 188.
• i 1.45

  Grafton, Trysse••. H••l••in∣shead, Speed, Walshingham, in 10 & 11▪ & 21. 2.
• k 1.46

  Walsin. Fab. Holinsh. Speed, Hall, Graf. Trus∣sel, Hows, in 23 R. 2. & 1 H. 4. Fox Acts and Mon. vol. 1. edit. ult. p. 67 1, 677
• l 1.47

  Hornes Myr∣rour of Iustices, c. 1. sect. 3. p. 10. Cookes Instit. on Lit. f. 110. and 9. Report in the Preface, Spelm. Concil. Tom. ••. p. 347.
• m 1.48

  Surius tom. 1. Concil. p. 342.
• n 1.49

  Surius tom. 1. p. 407.
• o 1.50

  Surius tom. 3. p. 488. 574, 575. 732. Tom: 2, p. 203. 675, 728. 754. 603. 605, 641, 642. 643. 892, 695. 713. 1042. 715 685. Gratian, Distirct. 18. luo Carnot. Decret. pars 4. c. 241, 243, 244, Spel. Concil. tom. 1. p. 153.
• p 1.51

  Surius tom. 3. p. 24. 4••. 42, 406,
• q 1.52

  Surius tom. 4. p. 44.
• r 1.53

  See H. Spel. Cencil. tom. 1, p. 529. Sigibert, An. 528. Eadm. hist. Nonor. l. 3. p. 67. Con. Tole. 8. 12 and others Aquisgra. Conc. sub Ludovico Pio.
• s 1.54

  Commonw. l. 3. c. 1.
• t 1.55

  Hieronymus Blanca Arago∣nensium Rerum comment. p. 764 &c. 688, 689. 723, 724.
• u 1.56

  Nichol. Isth. de Rebus Vng. hist. l. 6. f. 84. 85
• * 1.57

  Arago Rerum Comment. p. 762 763.
• * 1.58

  Andrew Fa∣vine his Theatre of Honour. l. 2. c. 12. p. 175. 176.
• x 1.59

  See Orim∣ston, Aventinus, Naucl. Munster, Sabelli. Vsperg. Otho Frisingen. Herm. Schedel, Anton. Opinco••. Mat. Par. Mat. West. Walsing. & others in their lives and histo∣ries.
• y 1.60

  See their 35 Articles made at their general Assembly at Kilkenny 1642
• z 1.61

  Mat. Paris, an. 1233. p. 344 473. &c. Speed hist. p. 607. to 613, Daniel p. 154, 155.
• * 1.62

  Who now give the King no such good advice
• * 1.63

  Note.
• * 1.64

  The Parlia∣ments present case.
• * 1.65

  Speed lbid.
• * 1.66

  Walsing. Hist. p. 84. 44. & Ypod. Neust. p. 101.
• a 1.67

  Mat. Pa. An. 1214, 1215. p. 240 to 256. 〈◊〉〈◊〉 Matth. West. & Walsingh. Ypod. Neust An. 1214 1215. Fabian, Caxton, Hollin. Grafton, Daniel in the life of K. John & Hen. 3. Speed, Hist p. 578. to 637.
• b 1.68

  Matth. Par. p 252. Sp. Hol. accordingly.
• c 1.69

  Matth. Per. An. 1258. p. 9. 940, 941. Mat. Westmin. 1258. Walsingh. Ypod. Neustr. p. 61. Sp. p 635. Hol. Grafton, Daniel, Polychron.
• d 1.70

  Matth. Par. p. 952, 953. Speed, p. 636.
• e 1.71

  Histor. An∣gliae, p. 953.
• f 1.72

  Walsingh. Ypod. Neust. An. 1309, 1310. Hist. Ang. p. 70. 1077. S. p. 608. &c. with Hol. Stow, Grafton, How, Daniel, & others. Fox. Act. & Mon. vol. 1. Ed ult. p. 4 so, 481.
• * 1.73

  Note the cre∣dit of Princes Regal promi∣ses and Prote∣stations.
• g 1.74

  Totles Mag∣na Charta, part. 2. f. 50. to 57.
• h 1.75

  Walsin. Hist. p. 90. to 110. Ypod. Neust. p. 195. to 111. Speeds Hist. p. 674. to 683. See Fabian, Hollin. Graf. Thomas de la More, Higden, Caxt••n, Daniel, in his life.
• h 1.76

  Part. 2 f. 50.
• i 1.77

  Walsingham hist Ang. p. 349 to 400 Ypodig. Neustr. p. 144. to 158. Speed. Hist. •• p 747. to 762 Hollinsh. Grafton, Stow, Fabian, Caxton, Trussell, and others.
• * 1.78

  Note this.
• * 1.79

  Note the pe∣rill and policy of protracting.
• * 1.80

  Graft. p 348, 349. 150, 151.
• * 1.81

  Nota. The King should be pre∣sent in Parlia∣ment once in forty dayes.
• * 1.82

  Walsing. Ypod. Neust. p. 145, 147. Grafton p. 352, 353.
• k 1.83

  10 R. 2. c. 1•• 11 R. 2. c. 1, 2 3, 4, 5, 6. 21 R. 2. ••. 2, 3. 12.
• l 1.84

  See the Records of this Parliament published by order of both Houses, Aug. 27. 1642.
• m 1.85

  Graf. p. 329 &c. Mr. Saint Iohns Speech, 1640. p. 33. 1 H. 4. No. 21. 21. 48
• n 1.86

  As the Ca∣valiers do now.
• o 1.87

  21 R. c. 12
• p 1.88

  21 R. 2. c. 16. 20. 1 H 4. c. 3. Walsin. hist. Ang. An. 1398. p. 394. Grafton, & Holinshe••.
• * 1.89

  Graft. p. 400 401, 402. &c. Trussel. p. 45, 46 47.
• * 1.90

  Note.
• * 1.91

  Such a kind of proviso was endevoured to be added to the Petition of Right, 3 Caroli.
• q 1.92

  1 H 4 c. 1. 2. 3, 4
• r 1.93

  Walsin▪ hist. Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxton p. 430 Hal. Chr. par. 1. f 25 Hol. p. 529. Speed, p. 775. Martin Fab Graft. and others Fox Acts & Mon. vol. 1. p. 676, 677, 678. Trussell. p. 74 75.
• s 1.94

  Spee. p. 486 Hunting lib 8.
• t 1.95

  Walsing, hist. Angl. p. 258. to 281. Speed p. 849. &c. 734. &c.
• u 1.96

  Speed p. 1032 to 1049. 1112, to 1120. See Hall. G••aft. Hollinsh. Howes, Martin. in the lives of H. 8. Ed. 6. and Q. Eliz.
• x 1.97

  Walsin. hist. Ang. p. 36 37, 38, 39, 40 4••, 42, 44 48. Ypo∣dig••a ••••••st p. 83, 84, 85, 86, 97 Co••kes Mag∣na Cha•••• p. 530 to 5••0.
• y 1.98

  Articuli su∣per Chartas.
• a 1.99

  Surius Con∣cil. Tom. 4•• p. 103. &c. Fox Acts & Monu. vol. 1. Edit. ult. p 879 &c.
• * 1.100

  Iohn White his way, &c. Sect 37. n. 30. p. 102.
• b 1.101

  See 21 R. 2 c. 12.
• c 1.102

  Cooke 9. Rep. f. 1. in the Epistle▪ 4 E▪ 3. c. 14. 36 E. 3. c 10.
• d 1.103

  18 E. 3. Stat. 3. ••0 E. 3. c. 1.
• * 1.104

  Answ. 3. The Parlia∣ment and king••dome proved to be above the King.
• e 1.105

  See Crom∣ptons jurisdicti∣on of Courts Tit. Parliam. Brooke Tit. Par••. H••lm. Descript. of Eng. c. 8. p. 173. Chro. of Ireland, p. 120. to 130. Sir Tho. Smith Commonweal. of Engl. l. 2. c. 1, 2, 3. Cowel & Minsh. Tit. Par. Cam. B••i. p. 177
• f 1.106

  Rex in justi∣tia reci pienda minimo de regn•• suo comparatur: minimus▪ esse de∣bet vel quasi in judicio suscipi∣endo, Bracton, l, 1, c. 8. f. 5. b. & l. 3. c. 9. f. 107.
• g 1.107

  li. 1. c. 5. 17▪
• h 1.108

  Cap. 9. to 15
• i 1.109

  Speech in Parliam. 1609
• k 1.110

  In his Laws in Fox Acts & Mon. Edit. vol. 1. p. 214.
• l 1.111

  Polit. l. 3. c. 10, 11, 12.
• m 1.112

  1 H. 7. 1. Br. Parlia. 92. Ash. tab. 65, 67.
• m 1.113

  See 1▪ Eliz. c. 1. Ras••all 〈◊〉〈◊〉. S••wer ••or Com∣missioners Ras••al. Tit. Iust••. &c.
• n 1.114

  Qui••quid ef∣ficie tale est ma∣gis tale & nam•• potest da••e quod non labe••: are true in this case.
• o 1.115

  See Alex. ab Alexan••••o, l. 3. c. 2. ••acile pe••∣sp••e•• po••est & 〈…〉〈…〉 esse g••uera, nec can∣de•••• 〈◊〉〈◊〉 ii for∣mas•• in ••mnibu•• esse regilbus Re∣galis potentiae genera numero sunt qua••u••r. A∣rist. Pol••••. l. 3. c. 10, 11. See Dan. c. 8. & 11.
• p 1.116

  See Mat. Pa. Spee. Hol. Graf. and others▪
• q 1.117

  Livie hist. Rom. l. ••. Ar••ist. Polit. l. 2. c. 8. Goodwins Rom. An••iq.
• r 1.118

  1 Pet. 2. 13. 14. Alex. ab Al∣exandro. Gen. die. l. 3. c. 3. l. 4. c. 23.
• s 1.119

  Polit. l. 3. c. 10 p. 209, 210.
• t 1.120

  ••b. l. 5. c. 13. p. 367.
• u 1.121

  De Offic••••s, l. ••. C••elius Rho∣di. Anti•• Lect. l. 8. c. 1. Alex. ab Alexandro Gen. Die•••••• l▪ 4. c. 23 L••••iel est. Rom. l. 1. Sect. 17. p. 14, 15. & l. 4. p. 144, 145. Plutar••l•• Numa Pompilius.
• * 1.122

  So Iacol••••s Carbinellus & o∣thers 〈◊〉〈◊〉 him▪
• * 1.123

  See p. 45. 126 127.
• x 1.124

  Lab. I. c. 8 f 5 lib. 3. c. 9. f. 107.
• y 1.125

  Hujus••odi leges Anglicanae own fuerint ap∣p••••batae. & Sa∣cramento Regis confirmatae mu∣ta••i non pote••••nt &c. Idem. I. 1. c. 2. f. 1. b.
• z 1.126

  Gal. 4. 4, 5.
• a 1.127

  Luk. 2. 22, 23, 24.
• b 1.128

  Br••ct. lib. 3. c. 9. f. 10▪ I. 1. 8. f. 5. I. 2. c. 16. f. 34,
• c 1.129

  Comites, viz. quia a Comita•••• sive a societa••e nomen sumpse∣runt, qui etiam dici possunt Co••∣sules a consulen∣do; Reges ••uim tales sibi associ∣ant ad c••usulen∣dum & regen∣dum p••pulum Dei, ordinantes cos in magna po∣testate, ••enore & nomine &c. Idem I. 1. c. 8 f. 5, 6.
• d 1.130

  Fortes••. de Laud. Legum Angl c. 9.
• * 1.131

  This he writes to our King Henry the 6. to whom he di∣rects his Booke.
• f 1.132

  ••ap. 8. vol. 1. p. 173.
• * 1.133

  See Bodin l. 2, c 5. l. 1. c. 10. Eu••ropius & Grimston in the life of Nero, Maximinus, He∣liogabalus, and others.
• g 1.134

  See the Ar∣guments against Ship••money, & Impositions, & the declarations against the com∣mission of Array.
• h 1.135

  Resolving of Conscience Sect. 4, 5.
• i 1.136

  See Ioshua, Iudges, Saumel, Kings Chro. Dan. throughou••. Isa. Ierem. Ezek. in sundry chap.
• k 1.137

  See Sleidan de 4. or Imperiis Mat. West. Livyn Iustin, Opmerus, Purchas, Chroni. Chronicarum; & all generall hist.
• l 1.138

  Polit. l, 2, 3, 4, 5, Plato de Republica, Bod. Common-weale. The Repub. of sundry Nations Polyb. Hist. l. 6.
• m 1.139

  Rom, 14. 1 to 6. 1. Pet 2. 13, 14 2 Sam. 5. 12. Nehe. 2. 10. Psa. 78. 70, 71. 2 Chro 9. 8. 1 Cor. 3. 21, 22. Estn. 10. 3. Arist. Pol. l. 3, 4 5. Coelius Rho∣dig l. 8. c. 1. Bra. l. 3. c, 9. f. 107.
• n 1.140

  Augustinus de Gest is 〈◊〉〈◊〉 E∣merita Donatist. Epis Tom 7 par 2. p. 882 783.
• o 1.141

  At the end of the Petition of Right, 3 Ca∣roli.
• p 1.142

  See Europi∣us, Sabellicus, Grimston, Speed & others of his life.
• q 1.143

  Speeds Hi∣story p. 757.
• r 1.144

  See Br. Tit. Corporations.
• s 1.145

  See the Ful∣let Answer to Dr. Ferne, p. 2, 3.
• t 1.146

  Quod eorum qui rempublicā gerunt majori parti placuerit, id est ratum ac firmum, Arist. Polit. l. 4. c. 8. l. 1. c. 2. l. 3. c. 8.
• u 1.147

  Br. Corpora. 34. 8. H. 6 c. 7.
• x 1.148

  14 H. 8. f. 3. b.
• y 1.149

  Major Pars est totum, Brooks Corporati. 34. Smiths Com∣monwea. of Engl. l. 2. c. 3.
• * 1.150

  See the man∣ner of holding Parliaments in England: newly Printed at Lon∣don, 1641. & Dyer f. 60. a, Br. Parl. 7.
• * 1.151

  Object.
• * 1.152

  Answ.
• a 1.153

  See their Messages & peti∣tions to the King to this purpose.
• b 1.154

  See Cambd. Brit. p. 163. which stiles the Parliament the Kings presence The Register of Writs. Old & New Natura Brevium old & new book of Entries. Cooks Instit. on Lit f. 71. 6.
• c 1.155

  1 King. 12. & 2 Chron. 10.
• d 1.156

  Grafton, p. 348, 349, 350.
• * 1.157

  See Mi••shes Dictionary. lit. Parliam. f 526.
• * 1.158

  Note this.
• r 1.159

  In H••linsh Chron. of Ireland f. 127, 128.
• d 1.160

  〈◊〉〈◊〉 Iurisdiction of Cou••s, f. 8. 4 H. 7, 18. 7. H. •• 14 11 H. ••. 27. Par∣liament 42 76, 33 H. 6. 17. ad∣judged accor∣dingly, B•• Pre∣rogative 134.
• e 1.161

  See Stam∣ford f. 38. 155. 3 E. 3. 19. Coro. 161.
• * 1.162

  Sec 21 R. 2. c 6.
• f 1.163

  Dyer f. 60. n. Bract. Parli. 7. Crompt. Iurisd. f. 16. a.
• g 1.164

  Luk. 12. 32 Matth. 13. 23. Mat. 7. 13, 14.
• h 1.165

  See Bishop Tewels Defence ef the Apologie, p 6. c. 7. Divis. 1. Bishop Bilsons true difference of Christian sub∣jection, and un∣christian rebel. part 3. p. 540, 541, 542. Bi∣shop Pilkington of the burning of Pauls steeple. Keilway, f, 184, ••. Cro••p. Iurisd. of Courts, f. 19, 20. 10 F. 4. f. 6. Stamf. Pleas, l. 33. 1. f. 153. Br. Coron 135. An∣tiq. Eccles. Brit. p. 229, 300. Sp. p. I 156 Mary. hist. p. 450. to 454. Iohn Vowels Chronicle of Ireland p. 127, 128,
• * 1.166

  25 E. 3. stat. 6. de Provisionibus. 31 E. 3. c. 4. 36 E. 3. c 8. 38. E. 3. stat. 2. c. 2. 7. R 2. c. 12. 3 R. 2. c. 12. 11. R. 2. Preface & ••. 3. 12. 1 E. 3. c. 2. 14 E. 3. stat. 3. Preface. See 20 H. 3. c. 9. 21 H. 3. stat. of Leape yeare, 4 H3 stat of Marlbridge. 4. E. I de Big. Prolog. &. c. 6. 6 E. 1. stat. de Gloster. Preface 13 E. 1. Acton Burnel. 13 E. 1. •• 43. de malefact. in part. 21 E. 1. Eschetors, 3 E. I. Quo warrante, 9 E. 2. Artic. Cleri. Pref.
• i 1.167

  1 Sam. 19, 2 0. 2 Sam. 5. 12. 2 Chron. 9. 8. Isa. 49 23. Rom. 13 4, 5. 1 Pet. 2 13, 14.
• k 1.168

  Arist. Polit. l. 3, & 5. Plato: Agesilaus. Xenophon de Instit. Cyri. hist. Coelius Rhodig. Antiq. Lect. l. 8. c. 1. Bodin de Republica. Osorius de Rege & Regum Instit.
• l 1.169

  The Preambles of all ancient statutes, Bracton l. 1. c. 8. l. 3. c. 9. Fleta l. 1. c. 5. 17. Fortescue c. 9. to 15.
• m 1.170

  1 Cor. 3. 21 22. 23.
• n 1.171

  Gen. 1. 26. to 31. c. 9. 2, 3, 4. Psal. 8. 6, 7, 8.
• o 1.172

  Ephes. 6. 5. Col. 3. 22, 23.
• p 1.173

  Gen. 8. 18. c. 3. 16. 1 Cor. 11. 3 8, 9. E∣phes. 5. 23, 24. 1 Pet. 3. 1. 1. & 3. 18.
• q 1.174

  See Eutrop. Grimsi. & other in his life.
• * 1.175

  Salamonius de Principatu l. 2. p. 52. 59. See Codicis l. 1. Tit. 1. 3. Cordi nobis est, P. C. semper nostri animi cu∣ras rebus com∣munibus avidis∣sime impendere, &c.
• * 1.176

  De Principatu l. 2. p. 57.
• * 1.177

  Generall Hist. of Fran. p. 1069
• * 1.178

  2 Sam. 18. 3.
• r 1.179

  Crompt. lu∣risd. of Cour. f. 1. &c. Bract. l. 1. c. 2. 19 H. 6. 63. a, 64. b. 31 H. 8. c. 10. Dyer 60. a Cookes Instit. on Lit. f. 109, 110
• s 1.180

  Sir Thomas Smith, of the Commonweal. of England, l. 2. c. 1, 2. Holi. Descrip. of Engl. c. 8. p. 173. Cam. Brit. p. 173. Io. Vow∣els Order & V∣sage how to keep a Parliament. in Holin. Chron. of Ireland, p. 101, to 120. Minsh. Dictionary Tit. Parliament.
• t 1.181

  Fortescue, c. 10 to 15. Bract. l. 1, c 8. l. 3. c. 9. Fleta l. 1. c. 5. 17. Brook. Pate. 25, 41, 12, 51, 53, 69, 73, 100 & Prerogative, 15, 103. Com∣missi. 15, 16. See Iudge Crooks, & Iudge Huttons Argume. against Shipmoney, pe∣tition of Right, 3 Carol. Br. Pari. 42.
• u 1.182

  Of the Com∣monw. l. 1. c. 10 p. 159.
• x 1.183

  l. 2. c. 16. f. 34 a. & l. 1. c. 8 f. 5. b. & Fleta l. 1. c. 17. Walsing. Hest. p. 36, 37, 40.
• y 1.184

  See Sir Thomas Smiths Common-wealth of England: l. 2. c. 1, 2, 3. 〈◊〉〈◊〉 Description of England, c. 8. p. 173. & Chronicles of Ireland, p. 101, 102. M. Hackwels manner of passing Bils, Sect. 8. p. 74. Brock Parliament 4. 107 33 H. 6. c. 33. 33 H. 8. c. 21. Cromptons Iurisdiction f. 7 b. Br. Parliament 26, 39, 40, 41.
• z 1.185

  4 H. 7. 18. 7 H. 7. 14. 11 H. 7. 27 33 H. 6. 17. Br. Parlia. 4 40. 76. 107. Crompt. Iurisd. f. 8. a. Bro. An∣tient Demesne, 20. 10 H. 7. 20. a, 33 H. 8. c. 17.
• * 1.186

  Se•• 2. 7. 8, 12 14, 17. 4 H. 7.
• * 1.187

  De Principatu l. 1 p. 35, 36. & p. 29, to 43.
• a 1.188

  Cooke 7. Calvins case, 7 H. 6. 35 b. Dyer, 373. Br, Parli∣ament, 98.
• b 1.189

  L••vie Hist. l. 1 & 2. Bod ••n Commonwealth, l. 1. c. 10.
• c 1.190

  Fitz. Assise, 413. Avowry 74 Pres••••rip. 67. Br. Custome 31. Co. 5 Rep. f. 63, 64 67, 68. Kitchin 45, 73. 80.
• d 1.191

  Sect •• Iac. c.
• e 1.192

  33 H. 6. 17. Br. Parli. 4. Mr. Hackwel, of pas∣sing Bils, Crom. ••uris. f. 8. Chron. of Ireland f. 127 to 130.
• y 1.193

  Cromp. Iu∣ris. of Courts, f. 1 2. & at the end of the manner of holding Parlia∣ments in England
• z 1.194

  See r s t u before.
• * 1.195

  Iustinian Cod. l. 1. Tit. 17. Lex 8.
• a 1.196

  Hackwels passing of Bils, sect. 8 p. 78.
• b 1.197

  See Ras••all Tax. & Tenths the Acts of Sub∣sidies, 21 Iac. & this present Parliament. 〈◊〉〈◊〉. p. 745.
• * 1.198

  See part 2 p. 74, 75.
• c 1.199

  See 1 E. 4 c. 6. 4 E. 4. 10, 9 E. 4. 1, 2. Br. Char∣ters de Pardon, 22. 13 Eliz. c. 1
• d 1.200

  See the Re∣publicke of those states, & Bodin, l. 1 c. 10. l. 2, c. 3, 4, & 5.
• e 1.201

  Arist. Polit. l. 1, 2, 3, 4, 5. Godwins Roman Antiquities.
• f 1.202

  De principa∣tu l. 6. p. 120, 10 126.
• g 1.203

  De principa∣tu l. 1, 2, 3, 4, 5, 6. passim.
• * 1.204

  Iustin. Codicis l. 1. Tit. 17 Lex 4.
• d 1.205

  The true difference, &c. part 3. p. 416.
• * 1.206

  Hieron. Blan••a Rer. Arag. Com. p. 588, 589.
• e 1.207

  Fox Act. & Monu. vol. 1. p. 173. Spee. Hist. p. 244.
• * 1.208

  Mat. West. An. 1273. p. 353. Dan. p. 185. See Speed & Holin. 1 E. 1.
• f 1.209

  See Nubrig. Spee. Hol. Mat. West. & others in the lives of R. 1. H. 1, 2, 3, 4, 5, 6, 7, 8. Ed. 1, 2, 3, 4.
• g 1.210

  Walsing hist. Angl An. 1422. p. 458. Spee p. 1108. Graft. p. 496, 447, 648. Fab p. 470, Hall f. 176 to 183. Hoved. Annal∣pars posterior. p. 702, 703, 705, 706.
• h 1.211

  Acts & Mon. old Edit p. 705. See Hol. Speed, Graft. in their lives.
• i 1.212

  See Hoveden Annal. pars po∣sterior, p. 702, 703, 705, 706.
• n 1.213

  Fox Act & Mon. Edit. 1641. vol. 1. p. 214. & Lambards Ar∣chaion, Leges Edwardi c. 17. Bishop Bilson, par. 3 p. 494.
• o 1.214

  Vol. 1. p. 214
• * 1.215

  In the life of William the first.
• * 1.216

  Hist. p. 440, 441.
• * 1.217

  See Huntindon hist. l. 7. p. 369. Mat. Par. hist p. 6.
• a 1.218

  Mat. Westm. An. 1088. Ead∣merus hist. l. 1. p. 13, 14, Matth. Paris hist. p. 12, 13. Speed, hist. p. 456. Graft p. 21, 22. Malmsb. l. 4. p 119, 120.
• b 1.219

  Mat. Par. p. 52, 53, 54 Ead∣merus hist. l. 2. p. 55. W. Malms. l. 5. p. 156 H. Hunt. l. 7. p. 378 Roger Hoveden, annal pars 1. p. 468. Polych l. 7 c. 11. Fab. par. 7. c. 226. p. 318. Graft. p. 32 Sp. p. 466, 467.
• c 1.220

  Mat. Par. hi. p. 73. Malm. no∣vellae hist. l. 1. p. 178, 179, 180 Hen. Hunt. l. 8. p. 386, 387. Hove. p. 481, 482. Ma. West. An. 1136. p. 35. Sp••p. 483 484. Graf. p. 41, 42.
• d 1.221

  Assensu. Cleri & populi in Re∣gem Angliae ele∣ctus, Malm. p. 179.
• * 1.222

  See Speed p. 483, 484.
• e 1.223

  Hoveden p. 491. Graf. p. 50.
• f 1.224

  Mat. Par. p. 147. Hoved. p. 657. Walsi. Tpo∣dig. Neustr. An. 1189. p. 45, 46. Speed p. 530.
• g 1.225

  Hoveden p. 793 Mat. Par. p 189, 190. Sp. p. 548, 549. 550. See Poly. Virg. Hol. Dan. p. 127, 128.
• * 1.226

  Astrange Archie piscopal Doctrine.
• * 1.227

  See before p. 9, 10. Mat. Par. p. 243, to 247. worthy reading & consideration
• h 1.228

  Fox Acts & Mon. Edi••. ult v. 1. p•• 334. Speed p. 591.
• i 1.229

  Mat. Par. p. 278, 306.
• k 1.230

  In his Edi∣tion Tigu 1589 p 876. 938, 958, 959, 960.
• l 1.231

  Hist. Aug. p. 1,
• m 1.232

  Lib. 3. c. 9. f. 107.
• p 1.233

  Mag. Char. Printed Cum Privilegio Lon∣don 1558. part 2. f. 1640, Iura∣mentum Regis quando coronatur Remonstrance, Nov. 2. p. 25. to 38.
• q 1.234

  See the Par∣liaments Re∣monstrance of the 26 of May, p 9. His Maje∣jesties Answer thereto, p. 16, 17. & the Parli∣aments Reply, Nov. 2. p. 29. to 38.
• * 1.235

  Judge Hut∣tons Argument against Ship∣money, p. 32. determines so.
• r 1.236

  Pag. 8, 9.
• * 1.237

  Hist. Angliae, 1 R. 2. p. 193.
• s 1.238

  Pag. 852.
• t 1.239

  Cooke 7. Re∣port. f. 10, 11. Calvins case, Marsil. Patavi∣nus Defen. Pacis pars, 2. ••. 25••
• * 1.240

  Littleton, sect. 378, 379. & Cookes Instit. Ibid. f. 232, 233, 234.
• * 1.241

  Littleton, sect. 378, 379. & Cookes Instit. Ibid. f. 232, 233, 234.
• v 1.242

  Baldus Proaem de Feud. n. 32. Dr. Cra∣kenth. defence of Constantine, p. 163. to 175: Grimst. Imperi∣all hist. p. 653.
• * 1.243

  See Fortescue, c. 12, to 15. Iohan. Mar. de Rege & Regis Instit. l. 1. c. 7, 8, 9.
• * 1.244

  Pag. 7, 8, 9.
• * 1.245

  Polydo•• Virgil. hist. Angl. l. 18. Sir Thomas de la More. Gra••ton, p. 215, 216.
• * 1.246

  Walsingham, hist. Ang. p. 107, 108, 109: Ipo∣digma, Neushia: p: 109, 110: Polychron, l. 7. ch. 43.
• * 1.247

  Speed, p. 681, 682. Daniel, p. 219, 218.
• * 1.248

  Holinshed, Cay∣ton, Stow, and others in his life:
• * 1.249

  Walsingham hist. Ang p 398. 399. 400. Ypo∣digma P 156. Halls Chron. 1. ••. 4. s. 6. to 9. Fabianpa••t 7. p. 346. to 355. Grafton p. 400. to 407.
• * 1.250

  Speed. p. 757. 758. 759. 760. Trussel p. 43. to 50.
• * 1.251

  Holinshed, Stow, Heywood, and others. Fox Acts and Mon. vol 1. p. 671.
• * 1.252

  Herep. 29. 30.
• * 1.253

  Fabian part 7. p. 351. 352. 353.
• * 1.254

  See Ma••. West. Ie••ory Monm. Polych. Fab. Grafton Holin. Speed, in his life.
• y 1.255

  Eccles 7. 7.
• z 1.256

  Matth. Par. p. 264, 265, 268 Graft. p. 111. 112. Bishop Bilson. part. 3. p. 480.
• * 1.257

  See 2 Chro. 10. & 11.
• * 1.258

  See Plutarchi, Iulius Caesar, Eutropius, Zo∣naras, Grimston, and others in his life.
• a 1.259

  Seneca de Clementia, l. 1.
• b 1.260

  Polit. l. 5. c. 10, 11. p. 367, 368. See Poly∣bius, Hist. l. 6.
• c 1.261

  Deut. 17. 19, 20. See Prov. 16. 12. c. 20. 28. c. 29. 4. 14. c. 25. 5.
• d 1.262

  Lib. 3. c. 9. f. 107. & ••leta l. 1. c. 17.
• * 1.263

  Id est, Sola.
• * 1.264

  See Leges Ed∣wardi Confessoris cap. 17. in Lam••bards Archaion. f. 130. accordingly.
• * 1.265

  Iustinian. Co∣dit. l. 1. Tit. 17. cap. 4.
• e 1.266

  See p. 2. 3. & the Authors there quoted. Bishop ••ewels View of a sedi∣tious Bull, and of the Popes Supremacy. Cassanaeus Cata. gloriae mundi, part. 4.
• f 1.267

  See Iohn Writes Way sect. 36. n. 30. 34, 35. p. 122. 104. 105. Surius Tom. 3. & 4.
• g 1.268

  Fox Act & Monuments, vol. 1. p. 231. 235. 879. to 890. 962.
• h 1.269

  See Iohn Writes Way sect. 36. n. 30. p. 102. & n. 34, 35. p. 104, 105.
• * 1.270

  See p. 6.
• i 1.271

  Psal. 82. 1, 2. Ex. 22. 28. John 10. 34.
• k 1.272

  Rom. 13. 1, 2, 3, 4.
• l 1.273

  Pro. 8. 15.
• m 1.274

  Hoveden p. 702, 703. 705, 706, with Speed, Ho∣linshed, Grafton, Stow, Matthew Paris, Polychreni∣con, Fabian.
• n 1.275

  Walsingh. Speed, Holinish. Fabian, in Edw. 2. Froyssards Chron. part. 1. c. 12. 13.
• o 1.276

  Walsingham Holynsh▪ Speed, Grafton, Stow, in 11 R. 2. c. 1. 6, 7. Froysards Chro. part. 1. c. 97
• p 1.277

  Hall. Stow, Speed, Holynsh. Grafton, Fox. in H. 6.
• q 1.278

  Hall. Holin. Grafton, Stow, in H. 8.
• r 1.279

  Fox, Speed, Holinshed, Stow, Grafton in Ed. 6
• s 1.280

  See Fox, Hall, Speed, Ho∣linshed, Grafton, in his life, 28 H. 8. c▪ 7. & 35. H. 8. c. 1.
• * 1.281

  Rotulo Parlia. 3 Ed. 3. n^•. 10, 11, 12, 13, 14, 15, 16, 17.
• * 1.282

  Rotulo Parlia∣menti, 1 R. 2.
• * 1.283

  Rotulo Parlia∣menti, An. 5 & 6 R. 2.
• * 1.284

  Rotulo Parliam. 4 H. 4. & 11 H. 4
• * 1.285

  Ex Rotulo & act. Conc. Anno 7▪ H. 4.
• * 1.286

  Rotulo Parlia∣menti, An^o. 12 H. 6. & 18 H. 6. Ex Rot. Parl and
• * 1.287

  An^o. 12 E. 4. Ex libro Ordi∣nationum, An^o. 12 E 4.
• * 1.288

  An^o. 3 E 2. Ex liber dict. Au••a Regis.
• * 1.289

  Ex Rot. Parl. 7 & 12 H. 4. & 10. R. 2.
• * 1.290

  Ex Rot. Parl. A^o. 7 & 12. H. 4.
• * 1.291

  Rotulo Parliam. A^o. 11 R. 2.
• * 1.292

  A^o. 2. 4 5. H. 4▪ n. 9.
• * 1.293

  7 H. 3. Rot. Par∣liamenti.
• * 1.294

  Rotulo Parlia∣menti, A^o. 11 H. 4. n. 293.
• * 1.295

  20 & 25 H. 6. marked 24.
• * 1.296

  Ex Rot. Parl. 28 H. 6.
• * 1.297

  Ex Rotulo Par∣liamenti, 1 H. 4.
• t 1.298

  Matth. Paris p. 500, 562, 933 934, 935.
• t 1.299

  Speed p. 750. Grafton, p. 188, 189, 240, 241, 221, 222, 223.
• t 1.300

  The severall Acts for Subsi∣dies and R••stal Warre, Truce, Armes, Money, Mint, Musters, Taxes, Ton∣riage, & Poun∣dage. The Par∣liaments two Remonstran∣ces concerning the Mi••it••a, Cooks ins••it. on Artic. Super Chartas. 575. to 579.
• * 1.301

  See Mat. Par. p. 268. Legimus quod multi alii Reges, imo & Reguli, usque ad mortem dimicaru••••, &c.
• * 1.302

  See Iohannis Mariana de Re∣ge & Regis In∣s••it. l. 1: c. 8. Marius Salamo∣nius de Princi∣patu. l. 1, 2, 3, 6. Fortescue, c. 9. to 15. Aristot Polit. l. 3. c. 9, 10, 11. l. 5. c. 10, 11. Hugo Gro∣tius, de Iure Belli, l. 1 c. 4. sect. 7. p. 85▪ 86.
• * 1.303

  In Melch. Gol∣dasti Monar∣chia, Tom. 1. p. 128.
• x 1.304

  See Sir Tho∣mas Smiths Common wealth, l. 2. c. 1. 2. Holinsheds de∣scription of England, c. 8. p. 173. and Chronicles of Ireland, p. 127. to 130. Cromptons Iu∣risdiction.
• y 1.305

  1 H. 7. 1▪ Br. Parlia∣ment. 92. 98. Error 65, 88. 137. See Ash. Error 65, 66, 67, 68, 70
• * 1.306

  See 22. E. 3. 3. Error 8. 8 Hen. 4. 12, 13.
• z 1.307

  21 R. 2. cap. 1. to 15. 1 Hen. 4. cap. 2, 3, 4. 8 Hen. ••. 12, 13. See Martae c. 1. •• Elez. cap. 1, 3, 21. Iac c. 28. And all Acts for rest•• tution in blood of persons attainted, and Acts of repealing Sta∣tu••es, Bracton. lib. 1. cap. 2.
• a 1.308

  See Ashes Tables, Error 65, 66, 67, 68, 69, 70.
• b 1.309

  Bodin, l. 1. c. 10. Summa An∣gelica, & Ro∣sella Tit. Appel∣latio. Lindwo••d, lib. 2. de Appel∣lationibus, F••X Acts and Mo∣numents, Vol. 1. p. 448, 449. 452. 506. 24. H. 8. c. 12. All Papists and Protestants, in their Contro∣versies of the Popes Supre∣macy, & of ge∣neral Councels
• c 1.310

  See Grafton p. 512, 513. 161. Matthew Paris, p. 954. Fox old Editi∣on, p. 508.
• d 1.311

  See Hove∣den, p. 724, 725
• e 1.312

  Matthew Paris, p. 273. 274, 275.
• f 1.313

  Matthew Paris, p. 892. 925. 930. 948. 954, 955. Graf∣ton, p. 188, 189 Speed, p. 687, 688. 785. 786. Andrew Fa∣vine Theater of honour, l. 2. c. 12.
• g 1.314

  Walsingham Hist. p. 514. Speed, p. 647. 648
• * 1.315

  See Andrew Favine his Theater of Honour, l. 2. c. 12. Fabian, the generall History of France, with others in the Ap∣pendix.
• * 1.316

  Censura Dua••di Nonii, In Iosephi Teixerae libellum, c. 76. to 83. & de Vera Regum Portugal. Genealogia, c. 17. 18.
• * 1.317

  Munsteri Cosinogr. l. 2. c. 20, 21. Ioan. Mariana de Rege & Regis Instit. l. 1. c. 3. 4. 5. Michael Ritius de Regilus Hispaniae and others.
• i 1.318

  Pag. 9.
• * 1.319

  See Matthew Westm. Fabian. Grafton, Holin.
• * 1.320

  Polychron. l. 6 c. 18. Speed, p. 399. See Graf∣ton and Holin∣shed according∣ly.
• * 1.321

  Matthew Westminster & Malmesbury, Anno 1036. Ho∣linshed, l. 17. c. 13 p. 398. Speed, p. 404. Huntingdon, Walsingham. Anno 1036. 1040.
• * 1.322

  Huntingdon, l. 6. Polychron. l. 6. c. 18. Speed. p. 410. Matthew Westmin. Anno. 1042 p. 415.
• k 1.323

  Hoveden, Huntingdon, Matthew Westm. Matthew Paris, Walsingham, Po∣lychronicon, Fa∣••ian, An. 1126. Speed p. 477. See Holinshed, Grafton, Stow, Anno 1126.
• l 1.324

  Walsingham, Ypod, An. 1113 Matthew Westm. An. 1153. p. 42. Mat••hew Paris, p. 82, 83 Speed p 497. Hoveden, p 490. Hunting∣don, Hist. l. 8. p. 598. Fox. Vol. 1. p. 261.
• m 1.325

  25. E. Par. 2. in the Statuts at large
• * 1.326

  Cooke l. 8. The Princes ca••e.
• * 1.327

  7. H. 4. c. 2 Hals Chronicle, 1. H. 4. f. 10. 15. Fabian. part. 7. p. 376 Speed p. 763.
• * 1.328

  Fabian, part. 7 p. 373.
• n 1.329

  Hall, Anno 38. & 39 H. 6. f. 176. to 183. F••bi••n, Anno 1441. p. 470. Grafton. p. 643. to 648. Holin∣shed, Stow, Howes, Anno 1440. 1441.
• o 1.330

  Historia Angliae p. 458. Parliamentum fuit convocatum in quo Parlia∣mento ex assensuomnium Statu∣um, idem Dux, Defensor seu Protector An∣gliae fuerat no∣minatus & or∣dinatus, omnia{que} Regni officia & beneficia ejus disposition•• sunt commissa.
• p 1.331

  See Grafton p. 691, 692. Speed p. 869. 878. 859 886. 1. E. 4. c. 1. 17. E 4. c. 7.
• q 1.332

  Speeds Hist. p. 928. 931
• r 1.333

  Hals Chro. 1 H. 7. f. 855.
• s 1.334

  Grafton p. 856.
• t 1.335

  Sp. p. 1028.
• u 1.336

  25 H. 8. c. 22 26 H. 8. c. 13. 28 H. 8. c. 7. 35 H 8. c. 5. See Hall.
• x 1.337

  1 Mar. c. 1. & Parliament 2. c. 1. 2. 1. Eli. c. 3 13 Eliz. c. 1.
• * 1.338

  See Cooks In∣stitut. Liulet. f. 15, 16.
• * 1.339

  35 H. 8. c. 1.
• * 1.340

  28 H. 8. c. 7. 35 H. 8. c. 1.
• y 1.341

  1 Iac. c. 1.
• z 1.342

  1 Mariae, Parl. 2. c. 2.
• a 1.343

  25 H 8. c. 19, 21. 26 H. 8 c. 1, 3. 27 H. 8. c. 10. 28 H. 8. c. p. 16. 32 H. 8. c. 22, 24, 29. 31 H. 8. c. 10, 14. 33 H. 8. c. 29. 34 & 35 H. 8 c. 17, 19. 35 H. 8 c. 1, 3. 1 Eli. c. 1 1 E. 6. c. 2, 1 Ma. c. 1. & Parl. 2. c. 1. 8. El. c. 1.
• b 1.344

  Walsingham Hist. Angl. H. 5 p. 458. Speed p. 1108. 28 H. 8. c. 7, 17. 1. E. 6. c. 11. Hals Chron. 1 H. 6.
• c 1.345

  Hist. Angl. p. 16 to 26. 31 to 33, 42. 46 to 56. See Holin. Grafton, Stow, & Speed in the life of Edw. the f••rst. Ypodig. Neust. p. 72 to 96.
• d 1.346

  1 Iac. ••.
• e 1.347

  35 H. 8. c. 1.
• * 1.348

  Blondus De∣cad. 2. l. 2. Regin l. 2. An. 800. Bi∣shop Bilson of Christian Sub∣jection, &c. par. 3. p. 423.
• * 1.349

  Zona. Annal. Tom. 3. f. 126. Grimstons Impe∣riall hist. p. 303
• * 1.350

  Censu. in Io∣seph. Tei. Libel. c. 78. in Ioan. Pisterius hispan. illust. Tam. tom. 2. p. 1250.
• * 1.351

  I••••d ca. 76. p. 1248.
• * 1.352

  See Marius Salamonius de principatu, l. 1, 2 3, 6 p. 19, 20, 27, 41, 120, 126.
• * 1.353

  See Fitz. Ash. Tab. Tit. Escheat
• * 1.354

  Eccles. 1. 7.
• * 1.355

  See Leges Ed∣wardi Confes. c. 17. Bra. l. 3. c. 9.
• * 1.356

  See Par. 2. p. 48 to 65.
• * 1.357

  De Iure Belli l. 3. c. 15.
• f 1.358

  The true difference be∣tweene Christi∣an ••ubjection & unchristian re∣bellion, par••. 3. p. 418. to 422.
• g 1.359

  See the ge∣nerall history of France in his life, Sabellicus Ennead. 8. l. 8. p. 245. Nauclerus vol. 3. Gen. 26•• Blondus, Decad. 1. l. 10. Aventi∣nus, l. 3. p. 293, to 300. Gagui∣nus l. 3. in Car. Mart. Herman. Schedel, Chron. Aetas 6. f. 185.
• 3 1.360

  Godfredus Vi••t••rbiensis Chro. pars 17. col 468. Regino l. 3. An. 887. H. Mutius, Germ. Chr. l. 12. Grimstons Im∣periall History p 404.
• 4 1.361

  E••••gri•••• Eccl. hist. l. 5. c. 11 1. 3 Zonaras Annal. Tom. 3 f. 150. 151. Eutropiu•• l. 16. p. 211.
• * 1.362

  Nota.
• 5 1.363

  Grimstons Im∣periall History p. 581, 582. Sen∣tentia Exaucte∣rationis & Depo∣sitionis Wences••ai, An. 1400. in Germ. Hist. Tom. 2. p. 180. 181. Iean. Crespin. L••estate de Lesglise p. 465.
• 6 1.364

  Aventine l. ••. f. 293. Fr••st g. 1. 3. c. 13. Naucl. vol. 3. Gen. 26.
• * 1.365

  Speeds Hist. p. 252. 253. 262. 364, 365 See Matthew West. Polychr. Floren. Wigo••. Holin∣shed, Huntindon, and others.
• * 1.366

  Gauf. edu•• Mo••u. l 3. c. 20. Graf••••n p. 67.
• 7 1.367

  Grafton l. 1. 112.
• * 1.368

  Matth. Paris. p. 270.
• * 1.369

  40 E. 3. n. 7. 8.
• * 1.370

  Matthew West. ch••. 1245. p. 191 to. 197 Walsing. Ypodig p. 60 Matthew Paris. p. 646. Here part. 2. p. 13.
• * 1.371

  Con••r. l. 11. contr. 9.
• * 1.372

  Holinshed p. 1584. Cromp∣tons Iurisdict. of Courts f. 10.
• * 1.373

  Object.
• f 1.374

  1 Eliz c. 1.
• g 1.375

  Lib. 1. c. 8. f. 5, 6. l. 3. c. 3. f. 107.
• h 1.376

  L. 1. c. 5. 17.
• i 1.377

  3 Ed. 3. 19. Corone 161. 22. E. 3. g. b Dyer, 297. a. Stamso. 253. a.
• k 1.378

  22 E. 3. 3 b.
• l 1.379

  Bracto•• l. 2. Answ. c. 16. f. 134. a. Fletal. 1. c. 17.
• m 1.380

  Pare••••u••em habere non debet, nec multo fortius superiorem, ma∣xime in justitia exhibenda, licet in justitia recipi∣••••••••, minime de regno suo comp••∣••etur, lib. 3. c. 9. f 167. a.
• n 1.381

  See Bodius Common-wealth. l. 2. c. 1. p. 192. the like of the Parliaments in France.
• o 1.382

  See Madus renendi Parlia∣mentum Camb. Brit. pag▪ 177. Crompt. Iuris. of Courts, f. 1. to 6. Sir Tho. Smiths Common-wealth. l. 2. c. 2. 3. Hol. Descrip. of En¦gland c. 8▪ Cowel & Minsh. Tit. Parl. Mr. Hack manner of pas¦sing Bils, sect. 8.
• p 1.383

  Commonw. l. 1. c 9. l. 2. c. 5.
• q 1.384

  See p. 2. ••.
• r 1.385

  See Gratian causa 11. qu. 3. where he quotes August. Hier. & ••fiedor. to this purpose.
• * 1.386

  Resolving of Conscience, sect. 1, 2, 3. An appeal to thy conscience, and others.
• * 1.387

  commonwealth l. 2. c. 5.
• f 1.388

  Resolution of Conscience, sect, 1, 2. &c. And Revindi∣cation of Psalm 105. 15. Printed at Cambridge, 1643.
• t 1.389

  8 H. 4. 13. b. 24 H. 8 c 12 52 H. 3. c. 1. 25 H. 8. c. 21. Cook••. Institutes on Mag. Charta, f. 103. 25 Ed. 3. Parl. 2.
• u 1.390

  31 H. 8. c. 1. 1 lac. c. 1. Dr. & Student, 44. a.
• a 1.391

  Gra•• part 6. p. 62, 63. Gal∣fredus, Momun, Fabian, Polycha. and others.
• b 1.392

  Pag 5. to 10.
• c 1.393

  Bracton l. 2. Glan. 1. 2. f. 11 2. Myrror, c 1 sect. 4. Britton. c. 8. f. 16. c. 22. f. 39. 25 E. 3 c. 2. See Rastal, Broke, Stamf. Crompt. Dalton, in their Titles and Chapters of Treason.
• e 1.394

  Walsingham Holin. Graf. Sto. Speed, Martyn Fab. Polychro. in 21 R▪ 2. & 11 R. 2. c. 3, 4. 21 R. 2. c. 12.
• f 1.395

  See the par∣ticulars more at large in 21 R 2 c. 12. Graf∣ton, p. 312 353. Iohn Trussels, R. 2. p. 11, 12. Walsingham and Holinshed••in 10. & 11 R. 2.
• g 1.396

  See 1 H. 4. c. 3. and here p. 13.
• h 1.397

  Speed p 747
• i 1.398

  Hist. p. 675.
• k 1.399

  Lib. 14. sect 112 Stamf. l 1 c. 2. f. 1. b. and Cromptons, Ju∣risdict. f. 73.
• l 1.400

  Instit. l. ult. Tit 8.
• m 1.401

  Tit. 3.
• n 1.402

  Cice••o Orat. in Catil.
• o 1.403

  Li••. hist. I. 23 sect. 17.
• * 1.404

  John 10. 10, 11, 15. & 11. 50 & 18. 14.
• * 1.405

  Rev. 17. 14. & 19. 16.
• * 1.406

  Psal. 86. 6, 7.
• * 1.407

  An exact 〈◊〉〈◊〉 loction, see p. 576.
• * 1.408

  3 Iac. c. l, 2, 4, 5 and in his Proclamations for apprehend∣ing those Trai∣tors. The pro∣ceeding against Traitors, Spe••d hist p 1248 to 1257.
• * 1.409

  Par. 7. p 186.
• * 1.410

  See Walsi••gh. Holinsh. Fabian, Grafton, Stow, Sp••ed, in 10. & 11. R. 2. 21 R. 2. c. 12.
• * 1.411

  See here p. 20 21 22.
• * 1.412

  See Rastals A bridgment, ••it Purveyors.
• * 1.413

  Part 7. p. 376.
• * 1.414

  Fabian, part. 7. p. 342. 375. Hals Chron. 1. H 4. f. 10 Gr••f∣ton, p. 408 Wal∣singhom, Hist. p. 393. 402.
• * 1.415

  Hist. p. 402. 403. Speed p. 763.
• * 1.416

  Exilium H••••••gonis le Lesper∣sor, f. 50 52.
• p 1.417

  See the Re∣la••ion of the 〈◊〉〈◊〉 of Cicester
• * 1.418

  Fitz•• Corone. 192 194 246. 258. 261. 330. Stamford f. 11, 12, 13. 22 H. 7. 39. 24 H. 8. c. 5▪ Cooke l. 5. f. 51. 52. 53.
• q 1.419

  Ver•• A CO∣MITIIS IN TEMPESTI∣VE DISCE∣DERE ID quidem d••ceb••nt, REGI NE∣FAS FUISSE; neque tant••m jacturam fact••m Iuris aeque susti∣nendam▪ Hieron. Blanca. Rerum Arag. Cōment. p▪ 662.