The Sovereign Power of Parliaments and Kingdoms

To the Reader.

T HE importunity of some Members of Parliament, hath induced me to enlarge the first Part of this Discourse, with sundry pertinent Additions, and to Re-print it in a greater Character, then before; yet distinct from the following part, for the ease, the benefit both of Stationer and Buyer. When I first entered upon this necessary public Theame, my Primitive Intention was, to have Collected the chief Heads, Reasons, Authorities of this and the ensuing Members, into one compendious Summulary, and so to publish them all together in an entire Brief: But afterwards considering the extraordinary weight and consequence of that Grand common Cause, both of Parliament and Kingdom, which I was to plead; the Novelty and Rarity of the Subject matter; the extraordinary Prejudice of the ignorant long-deluded world against it; the Potency, Policy, Multitude of learned Advocates ( as well Divines as Lawyers) of the opposite Royal, and Malignant party; the insufficiency and unsatisfactorinesse of all late Printed Pleas for the Parliaments Interest, through defect of punctual Precedents, and Authorities to back their rational Discourses; and that a Summary slight debate of these important public differences, would give but small satisfaction to the Adversary, and rather prejudice than advance the Parliaments, Kingdoms Native Rights and Privileges: I did thereupon enlarge my Meditations, my Collections, so far forth, as straits of Time, with other avocating Employments, would permit, seconding all my Arguments, fortifying all my Reasons, with such Domesticke, Foreign Precedents, and Authorities of all sorts, as well Divine, as Human, Political, Historical, as Legal; as through God's concurrence with, and blessing on my impotent endeavors, may effectually convince the obstinate wills, abundantly satisfy the most seduced, prejudicated Judgment, finally resolve the most scrupulous Consciences, and eternally silence the ignorant, the most malicious Tongues and Pennes of all Royalists, &c. Anti-parliamentary Malignants, who are not willfully wedded to their long-espoused Errors; or more enamored with sordid Court flattery for private self-ends, then fairest (though hated, ungainfull) verity, which aims at nothing but the Public good.

For my part, I seriously protest before the great Judge of Heaven and Earth, that I have herein wittingly maintained nothing at all, but what my Judgment and Conscience both (biased with no sinister ends, no private respects, aiming at naught else but the Glory of God, the settled weal, and Tranquillity, of our distracted, bleeding, dying Church, and State, the only Motives, engaging me in this Service) inform me, to be a well-grounded, ancient, pregnant, ( though lately over-clouded, undiscovered, neglected, much-oppugned ) Truth: and albeit most particulars therein debated, have for many years hitherto been deposed (that I say not stigmatized) for seditious, dangerous Antimonarchicall Paradoxes, if not worse, by the general Torrent of Court-Parasites, Lawyers, Religion, Nature, Law, Policy, the various Precedents, and Authorities of former ages, and thoroughly digested without prejudice or partiality; they will appear, yea, shine forth as most necessary, profitable, loyal, State-securing, Peace-procuring verities; yea, as the very Nerves and sinews to unite; the Pillars to support; the Bulwarks to protect both Church and State, against all invasions, of heresy, or tyranny; and to keep all the Potent Members of them within their Legal bounds. Peruse it therefore with an upright heart, a dis-engaged Judgment, an unbiassed affection; and when thou hast thus done, let naught but naked Truth resolve thy Conscience, and regulate all thy future Actions, services both towards thy God, King, Country, in such sort; That glory may dwell in our land; that mercy and truth may meet together; righteousness and peace may kiss each other, once more in our Nation; and God may now at last speak peace unto his people and to his Saints: So Truth shall spring out of the Earth, and Righteousness shall look down from Heaven: Yea, the Lord shall give that which is good; and our Land shall yield her increase; Righteousness shall go before him, and sha •• set us in the way of his steps. And the work of Righteousness shall be Peace; and the effect of righteousness, quietness and assurance forever. And we ( being God's people ) shall dwell in a peaceable habitation, and in sure dwellings, and in quiet resting places; Yea, we shall beat our swords into Plow-shares, and our Speares into Pruning-hooks; Nation shall not lift up sword against Nation, neither shall they learn war anymore; But we shall sit every man under his Vine and under his Fig-tree, and none shall make us afraid; The effecting, the restoring of which sweet blessed Harmony of Peace and quietness throughout our kingdom, hath been one principal end of this my Labor, which takes away the pretended causes, the nourishing fuel of our present unnatural contentions, and destructive bloody wars.

Entertaine it therefore, with that Candidnesse and Ingenuity, as becomes the cordiallest Endevours, of a real unmercenary Philo-pater, who hath freely done and suffered many things, and is still pressed to do and suffer all things, for his dearest Countries service, in an honorable lawful Christian way; though he receive no other Guerdon, than the loss of all his earthly comforts, and a new addition to his former sufferings. That saying of Symmachus hath been encouragement enough to me, Saluti publicae dicata industria crescit Merito, cum caret Praemio; which I wish were more considered and better practiced by some degenerous Mercenary spirits in these sad times; who receive great wages, and do little work; refusing to stir either hand or foot upon any advantage, or necessary occasion to preserve their Native Country from desolation, before they have pursed up their undemerited pay; and yet even then perchance sit still: It is a baseness not only far below Christianity, but Humanity it self, for men (especially those of public place and abilities) to prefer their own private ends, before the public safety; their particular gain, before the commonweale, when the whole kingdom lieth at stake. But I hope Heroicke English Spirits, will learn more generous resolutions and Activity in times of such extremity; and that those whom it most concerns, will take timely notice, That sordid Mercenaries are the greatest, falsest Cowards; Christ himself resolving what poor, what ill service they will do in days of trial, Joh. 10. 12, 13. He that is an Hireling, seeth the Wolf coming and leaveth the Sheep, and FLEETH; and the Wolf catcheth them and scattereth the Sheep. The hireling fleeth, because he is an hireling, and careth not for the Sheep. He loves only his Wages, not his Charge, his Duty; God discover and amend all such, or else speedily discard them. That so all aiming only at the public good and Tranquility; we may eft-soon procure, enjoy the same to our greatest consolation.

The Treachery and Disloyalty of Papists to their Sovereigns, both in Doctrine and Practice.

W Hen I seriously consider the memorable Preamble of 3. Iac. ch. 4. That it is found by daily experience, that many of his Majesty's Subjects who adhere in their hearts to the Popish Religion, by the infection drawn from thence, and by the wicked and devilish counsel of Jesuits, Seminaries, and other persons dangerous to the Church and State, are so far perverted in the point of their loyalties and due obedience unto the Kings Majesty, and the Crown of England, as they are ready to entertain and execute any Treasonable Conspiracies and Practices, as evidently appears by that more then barbarous and horrible attempt to have blown up with Gunpowder, the King, Queen, Prince, Lord's and Commons in the House of Parliament assembled, tending to the utter subversion of the whole State, lately undertaken by the instigation of Jesuits and Seminaries, and in advancement of their Religion by their Scholars taught and instructed by them for that purpose. With the Statutes of 35. Eliz. ch. 2. and 3. Jacob. ch. 5. which Enact: That all Popish Reeusants shall be restrained to some certain places of abode, and confined to their private houses in the Country, and not at any time after to pass or remove above five miles from thence, under pain of forfeiting all their Lands, Goods, and Chattels, during life. That none of them shall remain within ten miles of the City of London, nor come into the Court or house where his Majesty, or Heir apparent to the Crown of England shall be; nor have in their own houses, or in the hands or possession of any other at their disposition, any Armor, Gunpowder, or Munition, of what kind soever; And all this, for the better discovering and avoiding of such Trayterous, and most dangerous Conspiracies, Treasons, Practises, and attempts, as are daily devised, and practiced against our most gracious Sovereigns Person, and the Commonwealth, by rebellious and traiterous Papists. And when I read in two of King James his Proclamations: That those adhering to the profession of the Church of Rome, are blindly led (together with the superstition of their Religion) both unto some points of Doctrine which cannot 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 practiced with the privity and warrant of many of the principal Priests of that profession) to blow up our children and all the three States in Parliament assembled. And when we consider the course and claim of the Sea of Rome, we have no reason to imagine, that Princes of our Religion and profession can expect any assurance long to continue, unless it might be assented by the mediation of other Princes Christian, that some good course might be taken (by a general Council, free, and lawfully called) to pluck up those roots of dangers and jealousies which arise for cause of Religion, as well between Princes and Princes, as between them and their Subjects; and to make it manifest, that no State or Potentate, either doth or can challenge power to dispose of earthly Kingdoms, or Monarchies, or to dispence with Subjects obedience to their natural Sovereigns; ( Which was never yet attempted, much less effected.) And in the Book of Thanksgiving appointed for the fifth of November, ( set forth by King James, and the Parliaments special direction) this observable Prayer (somewhat altered by the now 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 Judgment S • p justice, to cut off these workers of iniquity ( the Papists ) whose Religion is rebellion, whose faith is faction, whose practice is murthering of Souls and bodies, and to root them out of the confines of this Kingdom. I cannot but stand amazed, yea utterly confounded in myself, at the Impudency and Treachery of those pernicious Counselors, who in affront of all these Laws and premises, have issued out sundry Commissions, under his Majesty's hand and seal, to divers notorious Papists, not only to furnish themselves with all sorts of Arms and Munition; but likewise to meet together armed, and raise forces in the Field, to fight against the Parliament, Kingdom, and Protestant Religion, (even contrary to divers his Majesty's late Printed Declarations, and Protestations, to all his loving Subjects) advanced them to places of great trust and command in his Majesty's several Armies; & procured them free access unto, if not places of note about his sacred person, as if they were his loyallest Subjects, his surest guard (as many now boldly style them) and more to be confided in, then his best and greatest Council, the Parliament; whom they most execrably revile, as Rebels, and Traitors, 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 Majesty's, in case he refuse to become the Popes sworn vassal, or alter his Religion, which he hath oft protested (and we believe) he will never do.

But I desire these il counsellors of the worst edition, to inform his Majesty, or any rational creature, how it is either probable, or possible, that an army of papists should secure his royal person, Crown, Dignity, or protect the Protestant Religion, the Parliament, or its Privileges, to all which they have shown themselves most professed enemies. We all know that Popish Recusants obstina • ely refuse to take the Oath of Supremacy, or Allegiance (some of them that took it, having been excommunicated by their Priests for a reward ) The sum of which Oath is, That they do truly and sincerely acknowledge and profess; That the Pope hath no authority to depose the King, or to dispose of any his Kingdoms, or to authorize any foreign Prince to invade his Countries, or to discharge any his Subjects from their Allegiance to his Majesty, or to license any of them to bear arms, or raisetumults against him, or to offer any violence or hurt to his royal Person, State, Government, Subjects. That notwithstanding any Declaration, Excommunication, or deprivation made or granted by the Pope, or any Authority derived from him, against the King, his Heirs, and Successors, or any absolution from their obedience, they will bear faith and true allegiance to them, and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons, Crown, and Dignity, by reason of any such sentence or Declaration, or otherwise. And that they do from their hearts, abhor, detest, abjure as impious and heretical, this damnable Doctrine and position: (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 whatsoever. 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 faithful guard to his Majesty's Person, Crown, Kingdoms? Will those who so oft conspired the death, and attempted the murders of Queen Elizabeth, and King James, only because they were Protestants, and Defenders of the Protestant Faith, now cordially protect and assist King Charles, without attempting anything against his Crown or Person, who hath lately made and published so many Protestations, and Declarations, that he will never embrace, nor countenance Popery, but most resolutely Defend, and Advance the Protestant Religion; and makes this one principal motive (how truly, he taketh Heaven and Earth to witness) of his present taking up of Arms? Will they (think you) spend their lives for King and Parliament, who but few years since lost their lives for attempting by a train of Gunpowder to blow up both King and Parliament? Will those secure his Majesty in his Throne, now he is actually King of England, who would have murdered him in his Cradle, ere he was Prince, to forestall him of the Crown of England? Can those prove really royal to his Majesty and his Royal Posterity, who would have blown up him and all his Royal House at once, even long before he had posterity? In a word (if ancient presidents will not convince us) are those who for two years last past or more, have been laboring with might and main to uncrowne his Majesty, and utterly extirpate the Protestant Religion by horrid conspiracies and force of Arms, in Ireland, and are now there acting the last Scene of this most barbarous bloody Tragedy; likely to spend their dearest blood in fighting for the preservation of his Majesty's Crown and the Protestant cause in England, if this only be the real quarrel, as is speciously pretended? Or will any of that Religion, who within these three years, have by force of Arms, both in Catalonia, Portugal, and elsewhere, revolted from, and cast off their allegiance to their own most Catholic King, to set up others of the same Religion in his Tribunal for their greater advantage; put to their helping hands to establish his Majesty (the most Protestant King) in his regal Throne, admit it were really, not fictitiously endangered to be shaken by the Parliament? Certainly, if the ground of this unnatural war be such as these ill Counselors pretend, they would never be so far besotted as to make choice of such unfitting Champions as Papists, for such a design, who are very well known to be the greatest enemies and malignants of all others, both to King, Kingdom, Religion, Parliament, whose joint destructions (what ever these ill Counselors pretend) is questionless the only thing really intended by the Popish party in this war, as the proceedings in Ireland, the introducing of foreign, the raising of domestic Popish Forces, the disarming of Protestants, and Arming Papists with their Harnesse, clearly demonstrate to all whom prejudice hath not blinded.

Now that I may evidence to these pernicious Counselors, and all the world, how dangerous, how unsafe it is to his Majesty, to the Kingdom, to put Arms into Papists hands, and make use of them to protect the Kings person, or Crown; I shall desire them to take notice both of the Papists traitorous Doctrine, and Practice, in these three particulars they maintain.

First, That the Pope by a mere divine right, is the sole and supreme Monarch of the whole world, and all the Kingdoms in it, to dispose of them at his pleasure, to whom and when he will, without giving any account of his actions. That all Emperors and Kings are but his vassals, deriving, and holding their Crowns from him by base unworthy services, worse then villenage; that they call, and repute them their Popes vassals, curs, pack-asses with Bels about their necks, and use them like such, if they offend the Pope. For full proof whereof out of their own Authors and practice, I shall refer them to Doctor Richard Crackenthorps Book, Of the Popes temporal Monarc • y, chap. 1. p. 1. to 27. worthy any man's reading, to John Bodins Commonwealth, Lib. 1. cap. 9. Bishop Jewels view of a Seditious Bull, and Doctor John Whites Defense of the way to the true Church, chap. 10. p. 43.

Secondly, That the Pope alone without a Council, may lawfully excommunicate, censure, depose both Emperors, Kings, and Princes; and dispose of their Crowns and Kingdoms unto others; That it is meet and necessary he should excommunicate and deprive all Kings, who are either Heretics or Apostates (as they repute all protestant Princes) or oppressors of the Common-wealth: That as soon as such Princes are actually excommunicated, or notoriously known to be Heretics or Apostates, their Subjects are ipso facto absolved from their governme • t, and Oaths of Allegiance whereby they were bound unto them; and may, yea ought to take up Arms against them to deprive them of their Kingdoms.

Thirdly, That such heretical, tyrannical, oppressing Kings may be killed, poisoned, or slain by open force of Arms, not only lawfully, but with glory and commendations; That this is to be executed by Catholics; and that it is not only an heroical, but meritorious act, worthy the highest Encomiums; and a Saint-ship in the Roman Calender.

These two last propositions you may read abundantly proved by the words of Popish writers, and forty examples of several Emperors, Kings and Princes, which Popes and Papists have excommunicated, deprived, violently assaulted and murdered, in Doctor John Whites defense of the way to the true Church, chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Paul's Cross, March 24. 1615. pag. 11. 12. in Bishop Jewels view of a seditious Bull, in Bishop Bilsons true difference of Christian Subjection, and unchristian rebellion, part. 3. throughout: Aphorismi Doctrinae Iesuitarum: King James his Apology against Bellarmine, with his Answer to Cardinal Perron, and sundry printed Sermons, preached on the fifth of November, to which I shall refer the Reader. What security or protection then of his Majesty's royal person, Crown, Kingdoms, can now be expected from our popish Recusants, (infected with these traiterous principles, and branded with so many ancient, moderne, nay present Treasons and Rebellions against their Sovereigns) let the world and all wise men seriously judge; What fair quarter and brotherly assistance the Parliament, Protestants, Protestant Religion, Laws and Liberties of the Subject are like to receive from this popish Army, the late Gunpowder Treason, the Spanish Armado, the English and French book of Martyrs, the present proceedings in Ireland, Yorkshire, and elsewhere, will resolve without dispute: And what peace and safety the Kingdom may expect in Church of State, whiles Popery and Papists have any armed power or being among us, Doctor John White hath long since proclaimed at Paul's Cross (and now we feel 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 suppress it. Touching our peace, it hath not been violated in our State these many years 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 color their close design of re-establishing Popery, principally intended ) can allege for arming Papists against Law, is; That the Parliament hath traitorously invaded the Kings Prerogatives in a high degree; claimed a power and jurisdiction above his Majesty in sundry particulars; yea, usurped to its self a more exorbitant, unlimited, arbitrary authority in making Laws, imposing taxes, &c. then any Parliaments challenged in former ages; to repress which insolences, and reduce the Parliament to its due limits, his Majesty is now necessitated to raise an Army, and pray in aid of Papists, who in former ages have been more moderate in their Parliaments, and are like to prove most cordial and loyal to his Majesty in this service.

To answer which pretence more fully, though it be for the main, most palpably false, yet (by way of admission only) I shall suppose it true, and with all possible brevity manifest; That Parliaments, Prelates, Peers, Commons in times of Popery, have both claimed and exercised far greater authority over our Kings and their Prerogatives, then this or any other Protestant Parliament hath done: Wherefore Papists of all others, have least cause to tax the Parliaments proceedings, and those ill Counselors and his Majesty small reason to employ or trust Papists in this service. To descend to some particular heads of complaint, involved in this general.

First, it is objected, that the Parliament and some of its Advocates, with its approbation, affirm; that the Parliament being the representative Body of the whole Kingdom, is in some respects of greater power and authority then the King; who though he be singulis major, yet he is, universis minor; which is contrary to the Oath of Supremacy, ( wherein every Subject, doth utterly testify and declare in his conscience, that the Kings highness is THE ONELY SUPREAME GOVERNOUR of this Realm, &c. as well in all Spiritual or Ecclesiastical causes, as Temporal:) and a kind of unkinging his Majesty, no ways to be endured.

To which I answer, first, that if this Doctrine be either Traytorous or Heretical, the Papists were the first broachers of it long ago; For Hen. de Bracton a famous English Lawyer, who writ in King Henry the third his reign, lib. 2. cap. 16. f. 34. a. resolves thus, But the King hath a SUPERIOUR, to wit God: Also the Law, by which be is made a King: likewise HIS COURT; namely, the EARLES AND BARONS; because they are called Comites, as being THE KINGS FELLOWES (or companions;) and he who hath a fellow (or associate) hath a MASTER: and therefore if the King shall be without a bridle, that is, without Law, THEY OUGHT TO IMPOSE A BRIDLE ON HIM, unless they themselves with the King shall be without bridle; and then the Subject shall cry out and say, O Lord Jesus Christ do thou bind their jaws with bit and bridle, &c. A clear resolution, That the Law, with the Earls 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 authentic in those days, and after times, that in the great Council of Basil. Anno 1431. when this mighty question was debated; Whether a Pope were above a general Council, or a Council above him? such a Council was at last resolved to be above the Pope, upon this reason, among others The Pope is in the Church as a King is in his Kingdom, and for a King to be of more authority then his Kingdom, it were too absurd; Ergo, Neither ought the Pope to be above the Church. In every well ordered Kingdom, it ought specially to be desired, that the whole Realm should be of more authority then the King; which if it happened contrary, were not to be called a Kingdom, but a Tyranny. And like as oftentimes Kings, which do wickedly govern the Common-wealth and express cruelty, are deprived of their Kingdoms; even so it is not to be doubted but that the Bishop of Rome may be deposed by the Church, that is to say, by the general Council. At the beginning (as Cicero in his Offices saith) it is certain there was a time when as the people lived without Kings. But afterwards when Lands and Possessions began to be divided according to the custom of every Nation, then were Kings ordained for no other causes but only to execute justice: for when at the beginning the common people were oppressed by rich and mighty men, they ran by and by to some good and virtuous man, which shou • d defend the poor from injury, and ordain Laws, whereby the rich and poor might dwe • l together. But when as yet under the rule of Kings, the poor were oftentimes oppressed, Laws were ordained and instituted, the which should judge, neither for hatred nor favor, and give like e • re unto the poor 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 contemn and despise the Laws, violently rob and spoil his Subjects, deflower Virgins, dishonest Matrons, and do all things li • entiously and temerariously, do not the Nobles of the Kingdom assemb • e together, deposing him from his Kingdom, set up another in his place, which shall swear to rule and govern uprightly, and be obedient unto the Laws? Verily as reason doth persuade, 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 Kingdom. And so is this sufficiently apparent, that the Pope is subject unto the Council; Thus the Bishop of Burgen, Ambassador of Spain, the Abbot of Scotland, and Thomas de Corcellis, a famous Divine, reasoned in this Council, which voted with them. Here we have a full resolution of this great Council (which the Papists call a general one, being approved by the Greek and Roman Emperors, and most Christian Kings, and States, and ours among others:) That the Kingdom in Parliament Assembled, is above the King, as a General Council is paramount the Pope: which they manifest by five reasons.

First, because Kings were first created and instituted by their Kingdoms and people; not their Kingdoms and people by them.

Secondly, because they were ordained only for their Kingdoms and people's service and welfare, not their Kingdoms and people for them.

Thirdly, because their Kingdoms and people, as they at first created, so they still limit and confine their royal Jurisdiction by Laws, to which they are and ought to be subject.

Fourthly, because they oblige them by a solemn Oath, to rule according, and to be obedient unto the Laws.

Fifthly, because they have power to depose them in case they contemn the Laws, and violently rob and spoil their Subjects.

This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments, Peers, and Kingdoms over their Kings, they have least ground of all others, to tax this Parliament or its Advocates, as guilty of Treason, and usurpation upon the Crown, for a more moderate claim then this amounts to, and the King or his ill Counsel no ground to expect more moderation and loyalty from Popish then Protestant Parliaments.

Secondly, I answer, that Popish Parliaments, Peers, and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings, then this Parliament, or any other, since the embracing of the Protestant Religion, ever claimed; and do in a great measure disclaim.

For, first of all, they have challenged and executed a just and legal power (as they deemed it) to depose their Kings, for not governing according to Law; for following and protecting evil Counselors, and Officers; oppressing their Subjects, and making war against them. This is evident, not only by the fore-mentioned passages of the Council of Basil, with infinite presidents in foreign Empires and Kingdoms, which I pretermit, but by sundry domestic examples of which I shall give you a short touch. Anno Dom. 454. King Vortigern, when he had reigned six years space, for his negligence and evil Government (for which Vodine Arch-bishop of London told him, he had endangered both his Soul and Crown ) was deposed from his Crown by his Subjects (the Britain's ) general consent, imprisoned, and his Son Vortimer chosen and crowned King in his stead; After whose untimely death (being poisoned by Rowena) Vortigern was again restored by them to the Crown, and at last for his notorious sins, 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. Sigebert King of the West-Saxons, setting aside all Laws and rules of true piety, wallowing in all sensual pleasures, and using exactions and cruelties upon his Subjects, and slaying the Earl Cumbra, his most faithful Counselor, for admonishing him lovingly of his vicious life: the Peers and Commons thereupon seeing their State and lives in danger, and their Laws thus violated, assembl • d all together; and provida omnium deliberatione, rose up in Arms against him, deposed, and would acknowledge him no longer their Sovereign, whereupon flying into the Woods, as his only safeguard, and there wandering in the day like a forlorn person, and lodging in dens and caves by night, he was slain by Cumbra his Swin-herd, in revenge of his Masters death, and Kenwolfe made King in his stead, Anno Dom. 756. Osred King of Northumberland, for his ill government was expelled by his Subjects, and deprived of all Kingly Authority, Anno 789. So Æthelred, (the son of Mollo ) his next successor, being revoked from exile and restored to the Crown, of which he was formerly deprived, thereupon murthering divers of his Nobles and Subjects to secure his Crown, so far offended his Subjects thereby, that An. 794. they rose up in Arms against him, and slew him at Cobre. Thus An. 758. the people of the kingdom of Mercia rising up against Beornerd their King, because • e governed the people not by just Laws, but tyranny, assembled all together, as well Nobles as ignoble; and Offa, most valiant young man being their Captain, they expelled him from the kingdom: which done, unanimi omnium consensu, by the unanimous consent of all, as well Clergy as People, they Crowned Offa a King. Ceolwulfe King of Mercia, An. 820. after one years Reign, was for his mis •• vernment expulsed by his people, abandoning his Crown and Country for the • afety of his life.

Ed •• yn King of Mercia and Northumberland, for his Misgovernment, Tyranny, oppression, following vain, base, wicked Counselors, 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 of Archigallo, one of our ancient British Kings, in times of Paganism; Who giving himself 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, wrongful means from the rich their wealth and goods, by which he enriched himself, and impoverished his Subjects; was for these his conditions murmured against by his Subjects; who of one assent lastly took and deprived him of all Kingly honor and dignity, when he had Reigned almost five years, making his Brother Elidurus King of Britain, by one assent, in the year of the world, 4915. Who after five years good Reign, feigning himself sick, assembled the Barons of the Land, and by his discreet words, and bearing loving carriage, Perswaded them to restore Archigallo to his former honor and regalty; and thereupon assembling a Council of his Britain's at York, caused such means to be made to the Commons, that in conclusion he resigned his Crown to Archigallo: Who being thus restored to his Crown by joint consent of the people, remembered well the evil life that before time he had led, and the punishment he had suffered for the same. Wherefore for eschewing the like danger, he changed all his old conditions and became a good and righteous man, ministering to the people equity and justice, and bare himself so nobly towards his Lord's and Rulers, that he was beloved and dread of all his Subjects, and so continued during the term of his natural life. Nor yet to remember Emerian, another old British King, who for misordering of his people was deposed by them, in the sixth year of his reign, and Ydwallo promoted to the Kingdom; who taught by Emerian his punishment, behaved himself justly all the time of his reign: or anymore such precedents before the Conquest.

We find the Popish Barons, Prelates, and Commons, disavowing King John, whom they had formerly elected King, for making war upon them, and wasting, burning and spoiling the Kingdom 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, Lord's and Commons in Parliament, Anno 1327. deposed King Edward the second their natural King, for his misgovernment, and following and protecting ill Counselors, enforcing him by way of complement to resign his Crown, threatening else, that they would never endure him, nor any of his Children, as their Sovereign, but disclaiming all homage and fealty, would elect some other for King not of his blood, whom themselves should think most fit and able to defend the kingdom. After which they elected and crowned his son Edward the third for their King. That Anno 1399. King Richard the second, for sundry misdemeanors objected against him in 32. Articles in Parliament, and breach of his Coronation Oath, was judicially deposed by a Popish Parliament, by a definitive sentence of deposition given against him, which you may read at large in our Historians, and Henry the fourth elected and created King in his stead: In both which depositions the Popish Prelates were chief actors. Anno 1462. King Henry the sixth, Queen Margaret and Prince Edward their Son were by a popish Parliament disinherited of their right to the Crown; and Edward the fourth made King: after which King Henry was by another Parliament recrowned, and re-established in his kingdom, and Edward the fourth declared a Traitor and usurper of the Crown. 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 Laws, and re-established King Edward. All this have our Popish Parliaments, Prelates, Lord's and Commons formerly done, and that rightly and legally, as they then supposed; which far transcends the highest strains of pretended encroachments on his Majesty's royalties by the present Parliament.

Secondly, our Popish Parliaments, Peers and Prelates have oft translated the Crown from the right heirs, & settled it on others who had no lawful right or title to it, electing and acknowledging them for their only Sovereign Lord's; in which actions the Popish Prelates and Clergy were commonly the Ring-leaders: witness their electing and crowning of Edward, who was illegitimate, and putting by Æthelred the right heir after Edgars decease, An. 975. Their electing and Crowning Canutus King, a mere forrainer, in opposition to Edmund the right heir to King Æthelred, Anno 1016. Of Harold and Hardiknute, both elected and crowned Kings successively without title, Edmund and Alfred the right heirs being dispossessed, and the latter imprisoned a • d tortured to death, Anno 1036. and 1040. yet after Hardiknutes decease Edward (surnamed the Confessor) was chosen King by consent of Parliament. And the English Nobilities, upon the death of King Harold, enacted, That none of the Danish blood should anymore reign over them. After this Kings death, Edgar Etheling who had best title, was rejected, and Harold elected and crowned King: so after William the Conquerors decease, Anno 1087. Robert the elder brother was pretermitted, and William Rufus the younger brother crowned and established in the Throne: After whose death Henry the first, his younger brother (though not next heir) was elected King by the Clergy, Nobles and Commons, ( who refused to admit of any King but with capitulations and caveats to their own liking) upon fair promises for reforming bad and rigorous Laws, remission of Taxes exacted on the Subjects, and punishment of the chief causers of them, and a solemn Oath to frame good Laws, and ratify Saint Edwards Laws; all which he really performed. So after the death of Richard the first, John Earl of Morton was established and crowned King, and his Nephew Arthur, the right heir, disinherited. And he dying, his son Henry the third was elected and crowned, and Lewis (made King in his fathers life by the Barons) removed. The like we find 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 unlawful or doubtful Titles, by way of usurpation, and the right hereditary line put by. Such a transcendent power and jurisdiction as this to disinherit the right heir and transfer the Crown to whom they thought meetest, neither the present nor any other Protestant Parliaments, Peers or Subjects ever exercised, though Popish Parliaments, Prelates, Lord's, and Commons have thus frequently done it; of which you may read 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 Lord's and Commons in times of Popery have sent out Writs and summoned Parliaments in the Kings name, and forced the King to call a Parliament without and against his full consent. Thus Anno 1214. the Barons petitioned Kings John to confirm Magna Charta and their Liberties tendered to him; who having heard them read, in great indignation asked; Why the Barons did not likewise demand the Kingdom? and swore, that he would never grant those Liberties whereby himself 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 hear again of any reducing within his circle: not considering, how those who inherit Offices succeed in the Obligation of them, and that the most certain means to preserve unto a King his kingdom, is to possess them with the same conditions that he hath inherited them. The Barons hereupon raise a great Army at Stamford, wherein were 2000. Knights besides Esquires, constituting Robert Fitz-Walter their General, intituling him, the Marshall of the Army of God and holy Church; seize upon the Kings Castles: and the Londoners sending them a privy message to join with them, and deliver up the City to be guided by their discretion: thither they repair, and are joyfully received under pact of their indemnity. After which they sent Letters to the Earls, Barons, and Knights throughout England, who seemed (although feinedly) 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 kingdom. which if they contemned to do, they would with Arms and Banners displayed, march against them as public enemies, subvert their Castles, burn their houses, and edifices, and not cease to destroy their Ponds, Parkes, and Orchards: Whereupon all the Lord's, Knights, and people deserting the King, who had scarce seven Knights in all left with him, confederated themselves to the Barons. The King seeing himself generally forsaken, counterfeits the Seals 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 confer upon them all their lands and possessions. But this devise working no effect in regard of the little credit they gave to and confidence they had in the King, the truth being known, all men detested such wickednesses and forgeries, and so the King fell into his own snares; Hereupon the King fearing the Barons would take all his Castles without any obstacle, though he conceived an inexorable hatred against them in his heart, yet he craftily dissembled, that he would make peace with them for the present; ut cum furtim surrexisset, in dissipata agmina acrius se vindicaret; & qui in omnes non poterat, in singulos desaeviret. Wherefore sending William Marshall Earl of Pembroke to them, with other credible messengers, he certified them, that for the good of peace, and the exaltation and honor of his kingdom, he would gladly grant them the Laws and Liberties they desired; commanding the Lord's by the same messengers that they should provide a fit day and place, where they might meet 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 confer with them in a Meade between Stanes and Windsor, called Running-meade; on the 15. day of June. Where both parties meeting at the day, and conferring, the King perceiving his forces too weak for the Barons, who were innumerable, easily granted their subscribed Laws and Liberties without difficulty, and confirmed them with his Charter, Hand, Seal, Oath, Proclamations, and other assurances, which you shall hear anon: This meeting Daniel and others style a Parliament (as well as that at Clarindon and other assemblies in the open field) the great Charter being therein first confirmed; which Parliament the King by force of Arms was constrained to summon. So Anno Dom. 1225. King Henry the third cancelling the Charter of the Forest at Oxford, pretending that he was under age when he sealed and granted it at first, and so a •• llity: Hereupon the Barons confederate by Oath, and put themselves in Arms 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 compel him thereto with the sword; to avoid which danger he was enforced to summon a Parliament at Northampton, where a concord was concluded on all hands, Anno 1226. and so the Parliament brake up, Anno 1237. Henry the third incensing his Nobility and generally all his Subjects, by his entertainment of Forainers by whom he was ruled, by marrying his sister Elianor to Simon de Monfort a banished Frenchman, and his oppressions, contrary to his Oath and promise in Parl. that year, put them into a new commotion, who thereupon made a harsh Remonstrance of their grievances to him, by his brother Richard, by means whereof the King was forced to call a Parliament at London Anno 1238. whither the Lord's came armed to contstrain the King (if he refused) to the reformation of his courses. Anno 1250. King Henry is again enforced by the Barons and 24 Peers to call a Parliament at Oxford and at London against his will, and to assent to ordinances therein made: And Anno 1264. he was likewise constrained to call two other Parliaments at London, and to assent to the new Ordinances therein proposed, which he did only to get time and circumvent the Barons. Anno Dom. 1310. and 1311. King Edward the second was in a manner constrained at the instant supplication of his Nobles to summon a Parliament, and to banish his Minion Pierce Gaveston against his will. In the 14. and 15. years of this King, the Barons raising an Army by force of Arms compelled him to summon a Parliament at Westminster, and to pass an Act for the banishment of these two great Favorites the Spensers who miscounselled and seduced him, and oppressed his people. And in the last year of this Kings reign, his Popish Prelates, Nobles, and Commons, taking him prisoner, summoned a Parliament in his name much against his will: wherein for his misgovernment, they enforced him to resign his Crown; deposed him, renounced their allegiance to him, and set up his son King Edward the third in his Throne; as you may read at large in Walsingham, Polychronicon, Caxton, Fabian, Grafton, Hollinshead, Speed, Stow, Howes, Daniel, Mr. Fox, and others who have written the History of his life. In the year 1341. (the 15. of Edward the third his reign) the Popish Lord's, Prelates, and Commons in Ireland, summoned a Parliament there by their own authority, without, and against the Kings or Deputies consents; wherein they framed divers Questions and Articles against the Kings Ministers there employed, (which the Irish Annals record at large) refusing to appear at the Parliament there summoned by the Kings authority and Officers. I read in the Statute of 21 R. 2. c. 12. (and our Historians have a touch of it.) That the Duke of Gloucester, and the Earls of Arundel and Warwick assembled forcibly and in great number at Harengy, and so came in such manner forcibly to the Kings Palace at Westminster, arrayed in manner of mar, that the King might not then resist them without great peril of his body and destruction of his people: so that by coertion and compulsion the said Duke and Earls made the King to summon a Parliament at Westminster the morrow after the Purification of our L • dy, the eleventh year of his reign: Which Parliament so begun, the said Duke and Earls in such forcible manner continued; and in the same did give many and divers judgments, as well of death of man as otherwise, upon divers of the Kings liege people, and did give judgment of forfeitures of lands, tenements, goods, and cattels, whereof they be convict of high Treason; and also for certain questions, which were demanded by the King touching his estate and regality, of certain of his Judges, then at Nottingham the same year. And for their answers of the same, given to the King upon the same questions, the same Justices were forejudged of their lives, and judgment given against them of forfaiting their Lands, Goods, and Chattels; and the said Duke and Earls made divers Statutes and Ordinances in that Parliament at their will, the summons whereof was made expressly against the right of the Kings Crown, and contrary to the Liberty and Franchese of his person and Royal 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. years space, during which time there were 8 Parliaments held which would not repeal 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 firmly holden and kept after the purport and effect of the same, as a thing made for the great honor and common profit of this Realm. After this in the 23 year of King Richard the third, when he had yielded himself prisoner to Henry Duke of Lancaster; the Duke coming with him to London, sent out summons for a Parliament to be holden the last of September, in the Kings name, (sore against his will) and enforced him first to resign his Crown unto him, and afterwards caused him to be judicially and solemnly deposed by consent of all the States of the Realm in Parliament, for certain abuses in his Government objected against him; The whole manner of which resignation, deprivation, and proceedings, you may read at large in our Histories.

These Popish Prelates, Lord's and Commons, enforcing their Kings to summon all these Parliaments, (with others which I pretermit) might seem to have some legal color from the ancient Law of King Alfred; who in an assembly of Parliament Enacted this for a perpetual Custom: That a Parliament should be called together at London TWICE EVERY YEARE, OR OFTNER, in time of Peace, to keep the people of God from sin, that they might live in peace, and receive right by certain usages and holy judgments 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 Laws and Statutes, and redress of divers mischiefs and grievances which daily happen, a Parliament shall be holden EVERY YEARE ONCE, and MORE OFTEN IF NEED BE. Now these Laws would have been merely void and ineffectual, if these Kings, who were obliged by their Coronation Oaths to observe them, refusing to call a Parliament as often as there was need, or at least once every year, according to the purport of these Laws, might not be constrained by their Nobles, Prelates, people to summon them, in case they peremptorily refused to call them of their own accords, or upon the motion or petition of their Counsel, Lord's and Commons. Whereupon in the Bill newly passed this Session, for a Trienniall Parliament, for time to come, there is special provision made how the Parliament shall be summoned and convented by the Lord's, Commons, and great Officers of the Realm, themselves, without the Kings concurrent assent, (though by his Writ and in his name) in case of his neglect or willful refusal to summon one within that time.

Neither is this a thing unusual in other parts. In the General Council of Nice An. 363. Canon 5. it was decreed; That a Council should be held TWICE EVERY YEARE in every Province to regulate the affairs and abuses of the Church. The Council of Antioch, Can. 20. appoints two Councils to be held every year in every Province, the one the third week after Easter, the other upon the 15. of October: to hear and determine all Ecclesiastical causes and controversies. And in the 1. Council of Constantinople, Can. 3. The Council of Afric, Can. 18. Pope Leo the first, in his Decretal Epistles, Epist. 4. c. 17. The Counsel of Chalcedon, Can. 19. the third Counsel of Toledo under King Reccaredus, An. 600. cap. 18. the fourth Counsel of Toledo, under King Sisenandus, An. 681. The Greek Synods, Collected by Martin Bishop of Bracara, cap. 18. the second Counsel 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 Counsel of Aurelia, cap. 22. the Counsel at Hereford, under King Egfred, An. 670. in Beda's Ecclesiast. Hist. l. 4. t. 5. Pope Gregory the first in his Decretal Epistles, lib. 7. Registri, Epist. 110. the sixth Counsel of Constantinople, Can. 8. the Counsel of Antricum, Can. 7. the Counsel of Maseon, Can. 20. Pope Gregory the third his Decretal Epistles. The Synod of Suessons, under King Childeric, the Counsel under King Pepin, at the Palace of Vernis, An. 755. cap. 4. The Counsel of Paris, under Lewis, and Lothaire, An. 829. l. 3. cap. 11. The Counsel of Melden, An. 845. cap. 32. With sundry other Counsels, decree, that a Synod or Counsel shall be kept twice (or at the least once) every year, at a certain time and place in every Province; that all Bishops and others, unless hindered by sickness, or other inevitable occasions, should be present at it, and not depart from it till all businesses were ended, and the Counsel determined, under pain of excommunication; that Kings by their mandates should not interrupt these Counsels, nor keep back any Members from them. And to the end they might be the more duly observed without interruption for want of a new Summons; they likewise decreed;

Yea, the Great Counsel of Basil, An. 1431. Session 15. provides and decrees; As it was thus in summoning Counsels, for the government of the Church, and Ecclesiastical affairs: (many of which Counsels, as is evident by divers Saxon, British, Spanish, French Counsels, were no other but Parliaments, wherein the King and all temporal estates assembled, and sat in Counsel as well as the Prelates and Clergy, as they did as well in general, as in National and Provincial Counsels;) so likewise in calling Diets, Parliaments, and General Assemblies of the Estates, for settling and ordering the Civil affairs of Kingdoms. Not to mention the power of assembling the Roman Senate, residing principally in the Consuls, as Bodin proves at large.

In the kingdom of Aragon in Spain, of ancient times by an ancient statute of that Kingdom,

Hieronymus Blanca recites this Law of King James of Aragon, for altering their Annual 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, recolendae 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 memory fratrem nos • rum, & per nos postmodum confirmatum. Nunc vero attendants ad Communem utilitatem totius Regni Aragonum, quia loca ubi Curiae celebrantur, propter congregationem gentium magnum suscipiant incrementum; DE VOLUNTATE & ASSENSU Praelatorum, Religiosorum, Baronum, Mesnaderiorum, Militum, & Procuratorum Civitatum, Villarum, & Villariorum Aragonum, in hac Curia congregatorum: Statuimus, & perpetuo ordinamus, Quod de caetero nos & successores nostri faciamus, & celebremus Curiam generalem Aragonum DE BIENNIO IN BIENNIUM, in Festo omnium Sanctorum, in quacunque Civitate, V • lla, vel Villario Aragonum, ubi nobis, & successoribus nostris melius fuerit visum expedire; non obstantibus statuto & 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, & Barones, Mesnadarii, Milites, & Procuratores Civitatum, Villarum, & Villariorum similiter Iurarunt. Which Law was afterwards somewhat altered, restraining these Parliaments to some Towns of great Receit. And concerning the form of their Parliaments and their Kings power to adjourn them, or not adjourn them, he writes thus. In Comitiis Respub: nostra quasi integrum quoddam fingitur corpus: cujus caput, censetur Rex: truncus vero corporis, ac membra in eo locata, ipsi Ordines; Iustitia 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 proponitu • ratio consilii, quo ductus Comitia habenda decreverit; tum ipsorum Comitiorum dicitur dies, ac opportunus designatur locus. De eujus mutatione, anfieri possit, ab eodem Molino 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 CONSENTIENTE. Et idem paulo post. Tamen si Curiae generales nondum sunt integre congregatae, seu inceptae; tunc Dominus Rex, etiam sine Curia potest illas mandare continuari ad alium locum sibi been visum. Et ista continuatio fiet per justitiam Aragonum, seu ejus Lo • um tenentem. Quibus poterit Dominus Rex mandare, quod illas continuent ad locum domino Regi been visum. Ius est autem; Ne comitia nostra ultra quadraginta dies possunt differri.

The Estates and Parliaments general of France, under the Kings of the second Line, met and held but twice in the year only, according to the Testimony of Hincmarus Archbishop of Reimes, drawn from the Narration of the Abbot of Corbie Alard, who lived in the time of Charlemayne; under the Reign of King Lewis, called Sanctus, when France was in her flourishing Estate, and the Princes and Lord's were of souple nature, ranking with the terms of duty and obedience, the Parliaments were ruled and assured at certain seasons of the year. For in times of Peace four Parliaments were holden yearly, or three at the least. And the same was used under the Reign of his Son Philip the Hardy, Third of the name. In the time of Philip de Bel. his Son, King of France and Navarre, they were reduced to two Parliaments yearly according to the ancient custom; One in Winter, and the other in Summer during Peace; and but one in Winter during War. (It appeareth nevertheless by the Registers of the Court, that by hindrance of war against the Rebellious Flemmings, there was not any Parliament during some years;) And the King by his Ordinance, dated the Monday after Mid-lent, An. 1302. (set down in the Register of ancient Orders of Parliament, fol. 45.) Willed, that for the commodity of his Subjects there should be every year two Parliaments at Paris, and in other Provinces; as Andrew Favin Records: By which it is apparent, that Parliaments in France, Spain, and other kingdoms, were not arbitrarily called at the Kings free pleasures as seldom as they pleased, but frequently summoned every year, once, twice, or more, at certain seasons, public Acts of Parliament, for the better government of these Realms, redress of grievances, and preservation of the people's Liberties against all royal encroachments on them.

In Germany, though Diets and Assemblies of the States be commonly made by the Emperors, and in their names; yet, we find that the Princes Electors, and Estates have assembled, not only without, but against the Emperors consents, when they saw good cause; and not only questioned, but deposed their Emperors, and elected new in their steads, of which there are sundry precedents in the lives of Ludovicus pius, Henry the 1, 4, 5, 6, 7. Frederickes Barbarossa, Charles the Grosse, Winceslaus, Philip, Otho the fourth, Ludovicus Bavarus, and others. In this regard therefore of forcing Kings to summon Parliaments (so frequent with Popish Prelates, Peers, Subjects, both in our own and other Realms) our present Protestant Parliament, and all others, since the Reformation, have been more moderate and dutiful, then those in times of Popery heretofore; or then the Popish Rebels in Ireland are now; who have lately at Kilkenny held a kind of Parliament, erected new Laws, and Officers of Justice, enacted new Laws and Ordinances, as well Civil and criminal as Martial, and done as much herein without the Kings assent or Commission, as our King and Parliament could do, if conjoined.

Fourthly, Our Popish Barons, Prelates and Commons, have refused to meet in Parliament when the King hath summoned them by his Writ. An. Dom. 1233. King Henry the third summoned his Earls and Barons to appear at a Parliament at Oxford, (where the King now resides;) but they all jointly sent him an express message that they would not come upon his summons, for that the Kings person went guarded with Poictovines, and other strangers, who swayed and miscounselled him (as ill Counselors do now the King) so as they could not there appear with safety: at which message the King grew very angry, resolving that they should be once, twice and thrice summoned to appear: Whereupon Roger Bacon, who usually preached before the King, freely told him, That if he did not remove from him Peter Bishop of Winchestor, and Peter de Rivallis (his malignant Counselors) 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 coming a little to himself, and taking that good advise of Scholars which he would not of his Peers, summons another Parliament to be holden at Westminster, giving the world to know withal, 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 war, with Horse and Arms (as now alas we see they do) and not trusting the Peictovine Faith (as we have now cause to mistrust the perfidious papists, and malignant Cavaliers) and seeing no footsteps of peace (our present condition) refused to come at the appointed day; sending the King word by solemn 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 kingdom, would drive him, with his wicked Counselors, out of the Kingdom, and consult about creating a new King. These things thus acted, the King was much dejected in mind, and all his Court too, hanging down their heads, and fearing not a little, lest the errors of the Son should become worse then the Fathers errors, whom his Subjects endeavoring to depose from his Royal Throne, almost detruded him to that name, which was given him by a certain presage; John the Banished: Wherefore he could easily have been drawn to redeem the love of his natural Liegemen, with the disgrace of a few strangers.

But the Bishop of Winchester, with other his ill Counselors, and Poictovine Cavaliers, counseled him to take up Arms against his rebellious Subjects, as they styled them, and to give their Castles and Lands to them, who would defend him and the kingdom of England from these Traitors, (The Counsel now given to his Majesty, by his ill Counselors and Cavaliers:) hereupon the King inclining to the worser part, raiseth an Army of Poictovine, & foreign Soldiers, which came to him being sent for out of Flanders, (from whence the King now hath many old Soldiers, and Commanders sent him) seizeth a Manor of Guilbert Bassets, a Noble man, given him by King John, calling him Traitor when he demanded it; sets down a day, wherein all his Lord's he suspected should deliver him sufficient pledges of their loyalty; and being at Gloucester with his Army,) whither the Lord's refused to come, being required, (the King thereupon, as if they were Traitors, burns their Manors, destroys their Parkes and Ponds, besiegeth their Castles, and without the judgment of his Court, and of their Peers, denounceth them exiles and banished men, gives their Lands to the Poictovines, and adding grief to grief, wound to wound, commanded their bodies to be apprehended where ever they were within the kingdom: he likewise sends a defiance to the Earl Marshall, whose Lands he had wasted, who thereupon understood himself discharged of that obligation by which he was tied to the King, and free to make his defense; Whereupon, he seeing neither Faith, nor Oath, nor Peace to be kept by the King, or his ill Counselors, 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 again promise and affirm; That by advise of his great Council, all that was amiss should be rectified and amended; And at the day and place appointed, he holds a great conference with the Lord's; But the evil Counsellers he followed, suffered him not to make good his promise. For when divers there present, greatly in the Kings favor, with sundry Preachers and Friars, whom the King was wont to reverence and hearken to, Humbly beseeched, and earnestly exhorted the King to make peace with his Barons and Nobles, and to embrace them with due affection, being his natural Subjects, whom without any judgment by their Peers he had banished, destroying their Manours, Woods, Parkes, Ponds; and being led and seduced by evil Counsels, less regarded his faithful Subjects, (whose native blood would not permit them to bow down) than Forainers; and which is worse, called them Traitors, by whom he ought to settle the peace, order the Counsels, and dispose the affairs of his kingdom: The Bishop of Winchester (offended it seems at Peers) takes the word out of the Kings mouth, and answers; That there are not Peers in England, as in the Realm of France; and that therefore the King of England, by such Iusticiars as himself pleaseth to ordain, may banish any offenders out of the Realm, and by judicial process condemn them. Which insolent speech the English Bishops relished so harshly, that they presently with one voice threatened to accurse and excommunicate by name the Kings principal wicked Counsellers; of whom Winchester being the foreman, appealed; whereupon they accursed (and I would our Bishops would do 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 Realm; and so the hoped Accomodation vanished into greater discontents. Hereupon the Earl Marshall and other Lord's with their Forces, fell pell mell upon the Kings Army, slew divers of his Forrainers; and in conclusion drew him to such straits, that enforced him to be capable of better advise: Then Edmund Arch-Bishop of Canterbury elect, with other suffragan Bishops, bewailing the estate of the kingdom, presented themselves before the King at Westminster, telling him as his loyal liegeman (and O that some Bishop or faithful person, if there be any such about his Majesty, would now deal thus clearly with him, touching his evil Counselors!)

And at his Arraignment at Westminster the King sitting in person with his Justices upon the Bench, and shooting Rivales through with an angry eye, spake thus to him. And thus were these civil wars and differences reconciled, ill Counselors removed, enormities reformed, Delinquents punished, (not without reducing store of coin to the King) and peace established in the kingdom. Which History, I have more largely recited, because most of its passages are Parallel to the Kings, and his evil Counselors 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 terror and just punishment of all ill counsellors, Cavalieres, and Delinquents, the contentment of all good Subjects joy, and re-establishment of our peace in truth and righteousness.

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

Fifthly, Popish Parliaments, Prelates, Lord's and Subjects have by Force of Arms compelled their Kings to grant and confirm their Laws, Liberties, Charters, Privileges, with their Seals, Oaths, Proclamations, the Popes Bulls, Prelates Excommunications; and to pass, confirm, or repeal Acts of Parliament against their wills. Thus the Barons, Prelates, and Commons, by open war and Arms enforced both King John, and King Henry the third, to confirm Magna Charta, and Charta de Foresta (both in and out of Parliament) sundry times with their hands, Seals, Oaths, Proclamations, and their Bishops Excommunications, taking a solemn Oath one after another at Saint Edmond's, upon the High Altar, 1214. That if King John should refuse to grant these Laws and Liberties, they would wage war against him so long, and withdraw themselves from their Allegiance to him, until he should confirm 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 own Oath, as they verily believed he would, by reason of his double dealing, they would forthwith, by seizing on his Castles, compel him to give satisfaction; Which they accordingly performed, as our Histories at large relate. Yea, when they had enforced King John thus to ratify these Charters, for the better maintenance of them, they elected 25. Barons to be the Conservators of their Privileges, who by the Kings appointment (though much against his liking, as afterwards appeared) took an Oath upon their Souls, 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 Lord's and Barons, then likewise taking another Oath, to obey the commands of the 25. Barons.

After this Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford, whither the Lord's came armed with great Troopes of men for fear of the Poictovines, to prevent treachery and civil wars, and the Kings bringing in of Foreign force, against his natural Subjects; to which end they caused the Sea-ports to be shut up, and guarded. The Parliament being begun, the Lord's propounded sundry Articles to the King, which they had immutably resolved on, to which they required his assent. The chief points whereof were these: That the King should firmly keep and conserve the Charter and Liberties of England, which King John his Father made, granted, and ratified with an Oath, and which himself had so often granted, and sworn to maintain inviolable, and caused all the infringers of it, to be horribly excommunicated by all the Bishops of England, in his own presence, and of all his Barons; and himself was one of the Excommunicators. That such a one should be made their Chief Justice, who would judge according to Right, without respect to poor or rich. With other things concerning the kingdom, to the common utility, peace, and honor of the King and kingdom. 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 mutual Faith and hands one to another; That they would not desist to prosecute their purpose, neither for loss 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 laudable Laws. 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, took his corporal Oath (and his Son Prince Edward also) that he would submit to their Counsels, and all those their Ordinances, for fear of perpetual imprisonment; The Lord's having by an Edict, threatened death to all that resisted: Which done, all the Peers and Prelates took their Oath; To be faithful to this their Ordinance; and made all who would abide in the Kingdom, to swear they would stand to the trial of their Peers; the Arch-Bishops and Bishops solemnly accursing all that should rebel against it. And Richard King of Romans, the Kings younger brother coming soon after into England to visit the King and his own Lands, the Barons enforced him (according to his promise sent them in writing before his arrival) to take this Oath, as soon as he landed, in the Chapter-house at Canterbury. Hear all men that I Richard Earl of Cornewal, swear upon the holy Gospels, to be faithful and forward to reform with you the Kingdom of England, hitherto by the Counsel of wicked men so much deformed. And I will be an effectual coadjutor to expel the Rebels and troublers of the Realm from out of the same. This Oath will I observe under pain to forfeit all my Lands I have in England.

To such a high strain as this, did these Popish Parliaments, Prelates, Peers, and Commons screw up their jurisdictions, to preserve themselves and the kingdom from slavery and desolation; whom Matthew Paris his continuer, for this service stiles, Angliae Reipublicae Zelatores: the Zealots of the English Republic. Neither is this their example singular, but backed with other precedents. In the second and third years of King Edward the second, Piers Gaves • on his great, proud, insolent, covetous, unworthy Favorite, miscounselling and seducing the young King, (from whom he had been banished by his Father) & swaying all things at his pleasure, the Peers and Nobles of the Realm, seeing themselves contemned, and that foreign upstart preferred before them all, came to the King, and humbly entreated him, That he would manage the Affaires of his Kingdom, by the Counsels of his Barons, by whom he might not only 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 repair. Where, upon serious debate, they earnestly demanded of the King, free liberty for the Barons to compose certain Articles profitable to himself, to his kingdom, 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 ratify, and observe what ever the Nobles should ordain: The Articles being drawn up, and agreed by common consent, they propounded them to the King; and by their importunity, much against his well-liking, caused him to ratify them with his Seal, and to take his corporal Oath, to observe them: Which done, the Arch-bishop of Canterbury with his Suffragans, solemnly denounced a sentence of excommunication against all who should contradict these Articles; which they caused to be openly read in Paul's Church London, in the presence of the Prelates, Lord's and Commons of the whole kingdom, the King being present; Among which Articles they demanded; That Magna Charta, with other provisions necessary to the Church and Realm, should be observed, that the King as his Father had commanded, should thrust all Strangers out of his Court and kingdom, and remove ill Counselors from him: That he would thenceforth order all the affairs of the kingdom by the Counsel of the Clergy and Lord's; and begin no war, nor depart any where out of the kingdom without common consent. The King consented to the Articles, and banished Piers into Ireland. No sooner was the Parliament dissolved, but the King neglecting his Fathers solemn adjurations, together with his own Oath, never to reduce Piers, sends for him back to his Court, marrieth him to the Countess of Gloucester, his own sisters daughter, showeth him more favor then ever; Resolving with himself to retain this Gaveston, mangre all his Earls, Barons, and for the love of him, to put his Crown and life in peril, when time should serve: In which, whether the King or his Favorite shown less discretion, it is not at the first easily determined; it being as unsafe for the one with so offensive behavior to affect immoderate show and use of grace, as for the other, to the injury of his name and Realm, to bestow the same. But upon the Queens 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 Lord's Petition;) Piers rather by the Kings permission, then good liking, did the third time abjure the Realm with this proviso; that if at any time afterward he were taken in England, he should be forthwith put to death as a perilous enemy to the Kingdom: yet he returning in Christmas to the King at York, the Lord's spiritual and temporal, to preserve the Liberties of the Church, the kingdom, and remove this Viper, elected Tho. Earl of Lancaster for their General, 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 persuaded, while that King-bane breathed, peace could never be maintained in the Realm, nor the King abound intreasure, nor the Queen enjoy his love. But the willful King would not condescend. Whereupon the Lord's thus contemned and deluded, presently raise an Army, and march with all speed towards Newcastle, not to offer injury, or molestation to the King, writes Walsingham, (the case and purpose of the pre • ent Parliaments Army) but that they might apprehend Piers himself, 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 yield himself, upon condition to speak but once more with the king. And then carried to Warwick Castle, where he had his head struck off, at the command, and in the presence of the Earls of Lancaster, Warwick, and Hereford; as one who had been a subverter of the Laws, and an open Traitor to the kingdom, and that without any judicial proceedings or trial of his Peers, though an Earl, and so dear a Favorite of the Kings. Which bred a lasting hatred between the King and his Nobles: Who being afterwards charged by the King in Parliament with their contempt against him, in the spoils committed by them at Newcastle, and wickedly killing Piers: they stoutly answered, That they had not offended in any point, but deserved his royal favor, for that they had not gathered force against him, but against the public enemy of the Realm: And then obtained an Act of Pardon that no man should be questioned for Gavestons return or death, printed in old Magna Charta.

Not long after, this unfortunate King doting upon the two Spencers as much as ever he did on Gaves • on, to whom they succeeded, not only in pride, rapine, oppression 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 Earl, Baron, or Bishop was able to dispatch anything in Court without their advise and favor, which made them generally envied of all, because they domineered over all. The Lord's and Barons hereupon, confederated together to live and die for justice, and to their power to destroy the Traitors of the Realm, especially the two Spencers: And meeting together with their forces at Shirborne, Thomas of Lancaster being their Captain; they took an oath to prosecute their design to the division of soul and body: Then they spoiled these Spencers and their friends goods, take their Castles by violence, waste their Manors through malice, slay their servants, utterly omitting the usual ways of Law and equity, and following the impetuousness of their minds they march on to Saint Albons with Ensigns displayed, and sent solemn messengers to the King then at London, commanding him, not only to rid his Court, but kingdom too, of the Traitors of the Realm, the Spencers, condemned in many Articles (which they had framed against them) by the Commonalty of the Realm, if he loved the peace of the Kingdom. And they further required the King to grant letters Patents of indemnity, to themselves and all such as had bore arms in their company, that they should not be punished by the King or any other for their forepast or present transgressions. The King denied both these demands at first, as unjust and illegal; swearing, that he would not violate his Coronation Oath, in granting such a pardon to contemptuous Delinquents. Whereupon running to their arms, they marched up to London, entered the City, and to avoid danger, the King (through the Queens and others mediation) condescended to their desires, passing an Act for the Spencers banishment, and the Barons indemnities; which you may read in ancient Magna Chartaes. Upon this the Barons departed, neither merry nor secure, despairing of the Kings Benevolence; which made them go always armed, and to retire to safe places. The King soon after, recalling the Spencers, reversed the sentence against them as erroneous, gathers an Army, encounters and defeates the Barons, and puts many of them to death by these Spencers procurements; who not content with their blood, procured also the confiscation of their goods and inheritances: Whereupon getting into greater favor and power then before, puffed up with their good success and new honors, they discontented not only the Nobles, but Queen too; who going over into France with her son, the Prince, (whose lives these favorites attempted) She raised an Army beyond the Seas, and returning with it into England, most of the Lord's and Commons resorted to her, and fell off from the King: who being destitute of friends and means, demanded assistance of the City of London, whose answer was; That they would honor with all duty the King, the Queen and Prince, but would shut their gates against Foreigners and Traitors to the Realm, and with all their power withstand them. And under the name of John of Eltham the Kings second son, whom they proclaimed Custos of the City & of the Land, they got the Tower of London into their possession, placing and displacing the Garrison and Officers therein as they pleased. The King hereupon (after he had commanded all men to destroy, and kill the Queens partakers, none excepted but her self, her son, and the Earl of Kent, and that none upon pain of death, and loss 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 whereof the elder Spen • er was taken by the Queens Forces, and without any formal trial, cruelly cut up alive, and quartered; being first at the clamours of the people, 〈◊〉 and hanged in his proper armor upon the common Gallows 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 Lord's and Parliament forced to resign his Crown to his son, confessing, That for his many sins he was fallen into this calamity, and therefore • ad the less cause to take it grievously: That he much sorrowed for this; that the people of the kingdom were so exasperated against him, that they should utterly abharre his any longer rule and Sovereignty, and therefore he besought all there present to forgive and spare him being so afflicted: Soone after he was murdered in Ba • kly Castle: And so the sickness, and wounds which the Common-wealth sustained by his ill reign, upon the change of her Physician, recovered not only health and strength, but beauty also and ornament, writes John Speed.

After all this King Richard the second in the ninth year of his reign summoned a Parliament, wherein Michael de la Pole Earl of Suffolk, 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 Eli; Whereupon both the Houses gave half a tenth and half a fifteen, to be disposed of as the Lord's thought fit, for the defense of the Realm. The Parliament was no sooner dissolved, but the King recalls de la Pole and other ill Counselors to the Court, showing them greater favor then before: In so much that at Christmas, the King made de la Pole sit at his own table, not in the usual garment of a Peer, but of a Prince, out of a stomach and hatred against the Peers, whom from thenceforth be never regarded but feiuedly, and then falls to plot the death of the Duke of Gloucester and other Nobles, who opposed his ill Counselors; 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 chief Lawyers; (who saith Speed, seldom fail Princes in such turns ) concerning certain Articles of Treason, within whose nets they presumed the reforming Lord's were; and if the Lawyers concluded those Articles contained Treasonable matters, then umder a show of justice they should be proceeded against accordingly. The Lawyers (who were the very men, which in the last Parliament, gave advice to the Lord's to do as they did) now meeting were demanded: Whether by the Law of the Land, the King might not disannul the Decrees of the last Parliament? They jointly answered, he might, because he was above the Laws; (a most apparent error) confessing; that themselves had in that Parliament decreed many things, and given their judgment, that all was according to Law, which they acknowledged to be altogether unlawful. The King thus informed, appointeth a great Council at Nottingham, and withal sends for the Sheriffs of Shires, to raise Forces against the Lord's; who denied, saying, that they could not raise any competent forces or Arms against them, the whole Counties were so addicted to their favors; and being further willed; to suffer no Knights to be chosen for their Shires, but such as the King and his Council should name; they answered; that the election belonged to the Commons, who favored the Lord's in all, and would keep their usual customs; (a good precedent for our present Sheriffs) whereupon they were dismissed. Then were the Lawyers and Judges ( Robert Trefilian and his companions) called before the King, to determine the judgments of Treasons against the Lord's to be legal and to set their Seals thereto, which they did: Mean 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 Lord's in the day of battle: Many of which answered, that they neither could nor would stand against the Lord's, whom they knew for certain intimately to love the King, and to endeavor all things, study all things, do all things for his honor: yet many out of simplicity, thinking themselves to be hired, promised to be ready upon the Kings notice: The Lord's hearing of these proceedings were much sadded; being conscious to themselves of no guilt worthy the Kings so great indignation. The Duke of Gloucester sent his purgation upon Oath by the Bishop of London, to the King; who inclining to credit the same, was in an evil hour diverted by De la Pole. The Duke hereupon makes his and their common danger known to the rest of the Lord's: upon which they severally gather Forces, that they might present their griefs to the King; How he favored Traitors, not only to them, but to the Public, to the imminent danger of the Realm, unless it were speedily prevented. The King on the other side (by Trayterous Counselors advise) sought how to take them off single, before they were united: but in vain, by reason their party was so great. Mean time, some peaceable men procured, that the Lord's should repair safe to Westminster, and there be heard. Thither approaching, they are advertised by some, (who had sworn on the Kings behalf for good dealing to be used during the interim) that in the Mewes by Charing-Cross, a thousand armed men (which without the Kings privity Sir Thomas Trivet, and Sir Nicholas Brambre knights, were reported to have laid for their destruction) attended in ambush. The King swears his innocence, promising safe conduct to the Lord's if they would come; who thereupon came strongly guarded, and would trust no longer. The King sitting in Royal State in Westminster Hall; the Lord's present themselves upon their knees before him: and being required by the Lord Chancellor; Why they were in warlike manner assembled at Haring gye Park, contrary to the Laws? their joint answer was: That they were assembled for the good of the King and kingdom, and to weed from about him, such Traitors as he continually held with him; The Traitors they named to be- Robert de Vere, Duke of Ireland; Alexander Nevill, Arch-bishop of York; Michael de la Pole, Earl of Suffolk; Sir Robert Tr • silian, that false Justiciar; Sir Nicholas Brambre, that false knight of London, with others: To prove them such, They threw down their Gloves, as gages of challenge for a trial by the Sword. The King hereupon replied, 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 Lord's; How or by what authority durst you presume to levy Forces against me in this Land? did you think to have terrified me by such your presumption? Have not I men and arms, who (if it pleased me) could environ and kill you like sheep? Certainly in this respect I esteem of you all no more than of the basest Scullions in my kitchins. Having used these, and many like high words, he took up his Unckle the Duke from the ground, where he kneeled, and bade all the other rise. The rest of the conference was calm, and the whole deferred till the next Parliament, then shortly to be holden at Westminster. In the mean time (that the world might see, how little able the King was to equal his words with deeds) a Proclamation was set forth, in which the King (before any trial) cleareth the Lord's of Treason, names though • e persons for unjust accusers, whom the Lord's had before nominated. The Lord's nevertheless thought not good to sever themselves, but kept together for fear 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 near Burford and Bablecke, slew Sir William Molineux, leader of the Cheshire men, and made the Duke to fly in great fear. Among the Dukes carriages was found (as the devil, or rather God would have it) certain Letters of the Kings to the said Duke, by which their Counsels were plainly discovered. The Lord's hereupon march with speed up to London, having an Army of forty thousand men, the Lord Mayor and City doubtful whether to displease the King or Lord's, upon consultation receive the Lord's into the City, and supply their Army with provisions in the Suburbs; Which the King hearing of, seemed to slight them, saying; Let them lie here till they have spent all their goods, and then they will return poor and empty to their houses, and then I shall speak with and judge them one after another, The Lord's hearing this, were exceedingly 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 scoff at them. The King being then in the Tower, and seeing himself every way encompassed, sent a message to the Lord's, that he would treat with them; who thereupon desired him, That he would come the next day to Westminster, where they would declare their desire to him: The King replied, That he would not treat with them at Westminster, but in the Tower. To which the Lord's answered, That it was a suspicious place, because trains 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 lie hid. Upon which the Lord's repaired to the Tower, and in the Kings Bed-chamber, laid open to him briefly, all his conspiracy, in causing them indirectly to be indicted; They object to him his mutability, and underhand working, producing his own Letters to the Duke of Ireland, to raise an Army to destroy them; together with the French packets they had intercepted; whereby it appeared he had secretly practiced to fly with the Duke of Ireland into France, to deliver up Calais to the French Kings possession, and such pieces as the Crown of England held in those parts; whereby his honor might diminish, his strength decay, and his fame perish. The King seeing this, knew not what to do, especially because he knew himself notably depressed. At last craving leave, they left him confounded and shedding tears, yet upon condition, that he should come to Westminster the next day, where he should hear more, and treat of the necessary affairs of the kingdom; Which he promised to do, retaining the Earl of Darby, to sup with him. But before he went to bed (O the fickleness of weak Princes, and faithlessenesse of their royal words and Protestations!) some whisperers telling him, that it was not decent, safe, nor honorable for the King to go thither, he changed his resolution. The Nobles hearing this, were very sad, and discontented, and thereupon sent him word, That if he came not quickly according to appointment, they would choose them another King, who both would and should obey the Counsel of his Peers. The King struck 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 honor, and the benefit of his kingdom, all Traitors, whisperers, flatterers, evil instruments, slanderers, and unprofitable 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 Alexander Nevill Archbishop of York, John Fordham, Bishop of Durham, with sundry other Lord's, knights, and Clergy men should be removed and kept in strait prison, to answer such accusations as should be objected against them the next Parliament. Whereupon 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 sat in judgment on the Bench; and most of them sent to the Tower: for that having first over-ruled the Lord's with their Counsels and direction, which they assured them to be according to Law, they afterward at Nottingham, gave contrary judgment to what themselves had determined formerly. Tresilian the chief Justice prevented them by flight, but being apprehended and brought back to the Parliament in the forenoon, had sentence to be drawn to Tiburne in the afternoon, and there to have his Throat cut, which was done accordingly.

The King seeing these proceedings, by advise of his ill Counselors, absented himself from his Parliament, and sent Michael de la Pole then Lord Chancellor, to demand four fifteenes in his name, of the Commons, for that without less he could not maintain his estate and outward war. To which the body of the Parliament made answer; that without the King were present, they would make therein no answer; and that unless 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 mind, Upon which message the House were in more fear then before; for there went a talk, that the King intended to betray divers of them, which followed not his mind, either that way, or at a banquet appointed to be made purposely at London, if Nicholas Exton the Mayor of London would have consented thereunto; at which time the Duke of Gloucester should have been taken. Wherefore the Lord's and Commons assembled together, agreed with one assent, that the Duke of Gloucester, and Bishop of Eli, 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.

And now Sir, you have been 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 do consider that the people and Commons go to rise against us; wherefore we think we can do no better than to ask aid of our Cosin the French King, and rather submit us to him, than to our own Subjects. The Lord's answered: Sir, that Counsel is not best, but a way rather to bring you into danger. For it is well known, that the French King is your ancient enemy, and your greatest adversary: and if he set foot once within your Realm, he will rather dispoyle you, invade you, and depose you from your estate Royal, than put any hand to help you, &c. And as that King cannot be poor that hath rich people; so cannot he be rich that hath poor Commons. And all these inconveniences be come by the evil Counsel which are about you. And if you put not your helping hand to the redress of the premises, this Realm of England shall be brought to naught and utter ruin, which clearly should be laid to your default, and in your evil Counsel: Seeing that in the time of your Father, this Realm throughout all the world was highly esteemed, and nothing ordered after these ways. Wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruin either of you or else of your Realm. By these good persuasions the King was appeased, and promised within three days after to come to the Parliament, and to condescend to their Petitions; And according to his appointment he came. Where soon after John Fordham Bishop of Durham, was discharged of the Treasurourship, and the Bishop of Hereford set in his place; De la Pole was put from his Chancellourship for dive scrimes, frauds, briberies and treasons, by him committed, to the prejudice of the King and his Realm, committed to the Tower, and fined twenty thousand Markes to the King, in relieving of the Commons: Divers other Judges, knights, & Delinquents of all sorts were condemned, & executed, others banished and their states confiscated; others put out of Offce by this Parliament, as you may read in our Histories, and in the Statutes at large: in which Statutes the mischievous effects of these evil Counselors to King, kingdom, and people are at full related, whereby the King and all his Realm were very nigh to have been wholly undone and destroyed: the Lord's raising of Forces against them resolved to be lawful; and these traytorous Delinquents made uncapable of any pard • n; and their raising of Arms against the Parliament and kingdom, (though with the Kings own consent and his command) declared and enacted to be high Treason. These proceedings ratified and assented to in Parliament by the King, much against his will, wrought an intolerable secret hatred and desire of revenge in his heart against the Lord's, which for want of power he concealed near ten years space; but in the twentieth year of his Reign, being somewhat elevated in his spirit with a rumour that he should be elected Emperor; he suddenly apprehended the Duke of Gloucester, the Earls of Warwick and Arundell (the chief sticklers in the premises) committing them to several prisons: And to blind the people's eyes, lest they should rise up in Arms to rescue these Lord's; the King sent out a seigned Proclamation, (which he caused to be proclaimed throughout the Realm) that these Lord's were apprehended only for new Treasons committed against him, for which he would prosecute them in the next Parliament, and not for the old trespasses: After which he proclaims those Lord's Traitors.

Which done he summoned a Parliament at Westminster, to this Parliament the King commanded to come all such as he had best confidence in, omitting the rest; and the Knights were not elected by the Commons, as custom 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 turn; 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 fear. These Cheshire men were rude and beastly people, and so proud of the Kings favor, that they accounted the King to be their fellow, and set the Lord's at naught, 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 do 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 complain to the King of them, he was soon 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 mercenary, 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 Lord's, more out of fear of him, then any reason; by means whereof the Commission, Charters of pardon, and Acts made in Parliament in the 10. and 11. years of his Reign were quite revoked and declared void in Law, as being done without authority and against the will and liberty of the King and of his Crown: And withal they declared the Judges opinions for which they were condemned in that Parliament, to be good and lawful, and attainted the said imprisoned Lord's of high Treason, and confiscated their lands. The two Earls hereupon were beheaded, and the Duke (by reason of his popularity) sent over to Calais, and there by Hall and others smote • ered, only for their former actions; which done, the King adjourned the Parliament to Shrewsbury where he subtly procured an Act to pass by common consent, that the power of the Parliament should remain in seven or eight persons, who (after the Parliament dissolved) should determine certain petitions delivered that Parliament, and not dispatched. By color whereof, Those Committees proceeded to other things generally touching the Parliament, and that by the Kings appointment, in derogation of the state of the Parliament, the discommodity and pernicious example of the whole Realm: And by color 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, Oaths, Impositions, and oppressing Projects to raise money, seeking to trample them under his feet, and destroy the Realm, and took all the Jewels of the Crown with him into Ireland, without the kingdoms consent. Which rendered him so odious to his people, that Henry Duke of Lancaster, landing in England, the whole kingdom came flocking to his aid, so that he had an Army of 60000. men in a short time; who vowed to prosecute the Kings ill Counselors. Whereupon King Richard returning out of Ireland, hearing of the Dukes great Army assembled against him, and knowing that they would rather die than yield, out of their hatred, and fear 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 evil government, for which he was by sentence dethroned, these are remarkable. First, That he wastefully spent the Treasure of the Realm, and had given the possessions of the Crown to men unworthy, by reason whereof daily new charges more and more, were laid on the necks of the poor Commonalty. And when divers Lord's were appointed by the high Court of Parliament to commune and treat of divers matters concerning the Common-wealth of the same, which being busy about those Commissions, he with other of his affinity, went about to impeach them of high Treason, and by force and threatening, compelled the Justices of the Realm at Shrewesbury, to condescend to his opinion, for the destruction of the said Lord's; In so much that he began to raise war against John Duke of Lancaster, Thomas Earl of Arundell, Richard Earl of Warwick, and other Lord's, contrary to his honor and promise.

Item, He assembled certain Lancashire and Cheshire men, to the intent to make war on the foresaid Lord's; and suffered them to rob and pillage without correction or reproof.

Item, Although the King ftatteringly, and with great dissimulation made Proclamation throughout the Realm, that the Lord's before named, were not attached for any crime of Treason, but only for extortions and oppressions done in the Realm, yet he laid to them in the Parliament, rebellion and manifest Treason.

Item, He hath compelled divers of the said Lord's servants and friends, by menace and extreme pains, 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 Sheriffs lawfully elected, and put in their rooms, divers of his own Minions, subverting the Law, contrary to his Oath and Honor.

Item, For to serve his purpose, he would suffer the Sheriffs of the Shire to remain above one year or two.

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

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

Item, He said, That the Laws of the Realm were in his head, and sometime in his breast, by reason of which fantastical opinion, he destroyed Noble men, and impoverished the Commons.

Item, The Parliament settling and exacting divers notable Statutes for the profit and advancement of the Commonwealth, he by his private friends and solicitors, caused to be enacted; That no Act then enacted should be more 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 sums of money, besides Plate and Jewels, without Law or custom, contrary to his Oath taken at his Coronation.

Item, That without the assent of the Nobility, he carried the Jewels, Plate, and Treasure of the kingdom over the Sea into Ireland, to the great impoverishing of the Realm. And all the good Records for the Common-wealth, and against his extortions, he privily caused to be imbezeled and conveyed away.

Item, When divers Lord's and Justices were sworn to say the truth for divers things to them committed in charge both for the honor of the Realm, and profit of the King, the said King so menaced them with sore threatenings, that no man would, or durst say the right.

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

Item, He craftily devised certain privy Oaths, contrary to the Law, and caused divers of his Subjects, first to be sworn to observe the same, and after bound them in bonds for the firmer keeping of the same, to the great undoing of many honest men.

Which how parallel they are to the late and present Court Practises, and Doctrines of our times, let wise men determine. The King being thus Judicially dethroned in Parliament, Henry the fourth by the same Parliament, (which continued notwithstanding Richards deposition who summoned it) was created King, who in the first Parliament of his Rain, reversed, and annulled as illegal, 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 honor, and common profit of this Realm. To these I might add the Rebellious insurrections of Richard Scroope, Arch-bishop of York, the Earl of Northumberland, and their Complices, against King Henry the fourth, Anno 1405. to reform the State and government, relieve the Church and Common-weal, and Depose King Henry in and by a forced Parliament. The insurrection of the Popish Nobles against King Stephen, for violating his Oath, touching Forests, and other immunities of Church and Common-wealth, which they would force him to confirm; the several insurrections of Jacke Cade, Jacke Straw, Wat Tyler, and their Popish V • lgar rabble, to force their King to call Parliaments, to alter and repeal old Laws, enact new, displace offensive great Officers, promote new on • es of their nomination, to ratify what propositions they required, and subvert the government of the Realm: with the several Rebellions of the Popish Lincolneshire and York-shire men, under Doctor Mackarell, a Monk, and some men of quality in Henry the eighth his reign; Of the Cornish men, Norfolk men, Kent, and others in Edward the sixth his Rule; of the Popish Earls of Northumberland, Westmorland, and other Northern Papists in Queen Elizabeth's days, by force of Arms to compel these several Princes to summon Parliaments to rep • ale all Laws against Mass and Popery, and for the establishment of the Protestant Religion, with other Acts concerning the government of the Common-wealth, to enact divers new Laws and propositions, which they demanded, to remove great Officers and privy Counselors 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 kingdom, and against the general consent of the people. But I shall conclude with one ancient precedent more, in one of our best Kings reigns, In 25 E. 1. The Lord's and Commons in Parliament grievo • sly complained and Petitioned to the King • against divers taxes, tallages, and prisages wherewith they were oppressed by him, to the great impoverishing of the Realm; against the violation of Magna Charta, the Charter of the Forest, the imposition upon Wools, and their summons to go with him into Flanders, to which they were not bound by Law. The king excusing these taxes, by reason of his necessity to maintain the wars, and giving them a dilatory answer: the Earl Marshall, and Hereford withdrew themselves from Parliament, and with their complices, commanded the Barons of the Exchequer not to • evie the eighth penny of the people, granted to the King at Saint Edmond's; and induced the Citizens of London to join with them to recover their Liberties. Whereupon the King sending to them for peace, they would condescend to no peace but on these terms; That the king should confirm Magna Charta, and Charta de Foresta, with the other Articles to them annexed; that he should exact and take • o • o aides, tax, or tallage from the Clergy or Commons without their commo • consent in Parliament, and that he should remit all offenses to these Earls, and their confederates, all which the King ratified by his Charter at large, by his oath, and by a solemn excommunication of the Bishops twice every year, of all those who should transgress 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 confirm it when he came into England, which they pressing him to do in a Parliament at London, in the 27. year of his reign; after some delays, he ratified it with this addition in the close; saving the right of our Crown, which when the Lord's heard, they departed home in great discontent; but the King re-summoning them at quindena Pasche, granted all things absolutely according to their desire, committing the per-ambulation of the Forests throughout England to three Bishops, three Earls, and three Barons, to settle their bounds according to God and justice: which not being speedily executed, but neglected (the King having purchased a dispensation of his oath, wherewith he had ratified his foresaid Charter, from the Pope) hereupon the king holding a Parliament at Stamford, the 29. of his reign, the Lord's and Barons repaired thither with great store of horses and Arms, with a purpose to extort a full execution of the Charter of the Forests hitherto deferred: upon which the King, considering their earnestness and importunity, condescended to their will in all things.

Sixthly, Parliaments, Lord's and Prelates, in former times have affirmed; that when a Parliament was once met together by lawful summons, it might not be dissolved or discontinued again at the Kings mere pleasure, till all the public affairs for which it was called were dispatched, all grievances redressed, and all Petitions exhibited therein, fully heard, and answered; agreeable to the resolution of the great Councils of Basil, Constance, and divers Popish Writers, that a general Council once lawfully summoned by the Pope and met, cannot be dissolved by him again at his pleasure, without the Councils consent, before all the Churches affairs be therein settled: Upon which resolution these Councils continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them, to keep themselves in their chairs. This is apparent; first by the Ancient Treatise, Of the manner of holding Parliaments in England: which informs us; That the first day of the Parliament, public Proclamations ought to be made in the City or Town where the Parliament is kept; That all those who would deliver Petitions or Bills to the Parliament, should deliver them in a certain 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 favor to give the Subject redress of any injury, not to suffer his people to go unsatisfied. Hence departing of the Parliament OUGHT TO BE in such manner. First, IT OUGHT TO BE demanded, yea and publicly proclaimed in the Parliament, and within the Palace 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 everyone is satisfied, or else answered unto at the least, So far forth as by Law it may be. And then all may depart. Hence it was, that in 21 R. 2. c. 16, 17, 18, 19. Divers Petitions not read nor answered in Parliament, by reason of shortness of time, and not determined sitting the Parliament, were by special Acts of Parliament referred to divers Lord's and Commons, to examine, answer, and plainly determine all matters contained in the said Petitions, as they should think best by their good advise and discretion; even out of Parliament; which they heard and determined accordingly, and made binding Acts thereupon, as appears by the Statutes themselves. This Doctrine was very well known to King John, 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, sitting and continuing sitting, both before and after their deposing, sore against their wills, as the fore-remembered histories manifest; else no doubt they would have broken up all these Parliaments at their pleasure, and never permitted such Acts and Judgments to pass against themselves, Favorites, ill Counselors, pretended Prerogatives, had they lawful 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 loss of his Crown, or some restraints by Laws, in the 11. year of his Reign, proposed this question among others, to his Judges at Nottingham Castle; which (for ought I find) was never doubted before. Whether the King whensoever pleaseth him, might dissolve the Parliament, and command his Lord's, and Commons to depart from thence or not? Whereunto it was of one mind answered, That he may: And if any would proceed in the Parliament against the Kings will, he is to be punished as a Traitor. 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 Traitors to the King and Commonwealth: others of them (who delivered their opinions rather out of fear of death, and bodily tortures than malice) were yet condemned as Traitors, and banished the kingdom, only their lives were spared. True it is, that the packed and over-awed Parliament of 21 R. 2. (terrified 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 duly and faithfully, as good and lawful liege people of the King ought to do: 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 judgments and proceedings, given against these treacherous temporising Judges, as a thing made for the great honor and common profit of the Realm. Besides, the Statutes of King Alfred, and Edward the 3. (which enact, that a Parliament shall be holden once every year, and oftener if need be, for redress of mischiefs and grievances which daily happen) strongly intimate, that if a Parliament ought in Law to be called as often as need is, of purpose to redress the Subjects grievances and mischiefs; then it ought not in point of Law to be dissolved, till these grievances, and mischiefs be redressed; else the summoning of it would be to no purpose, and bring a great trouble and charge to the whole kingdom, without any benefit at all; Moreover, the King by his Oath, is bound to do equal 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 defer to no man, either Justice or Right: and by sundry other Acts, all the Kings Judges are sworn and commanded, to do even Law and execution of right to all his Subjectes rich or poor, without having regard to any person, and without letting or delaying to do right for any Letters, Writs, or Commandments that shall come to them from the King or any others, and shall do nothing by virtue of them, but go forth to do the Law, and hold their Courts, and Processes where the Pleas and matters be depending before them, notwithstanding, as if no such Letters, Writs, or Commandments, were come unto them. The makers therefore of these Oaths and Laws (in days of Popery) and the Parliaments 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 seal or little seal, to delay or disturb common right, and though such commandments do come, the Justices shall not therefore leave to do right in ANY POINT, that Justice and right be indifferently ministered to every of the Kings Subjects: did certainly believe, that the King neither by his great nor privy seal, nor by Writ or Letter could without just or lawful cause assigned, prorogue or adjourn the Terme or sitting of any Courts of Justice, much less prorogue or dissolve his highest Court, and grand Council of the Realm, the Parliament, or disable them to fit to redress the kingdoms and Subjects several grievances, or secure the Realm from danger; Which if he might lawfully do at his pleasure, without the Houses joint assents, there would necessarily follow, not only a deferring and denial, but likewise a fayler of Justice in the highest Court of Justice; which these Acts disable the King (who is so far inferior to the Law, that he cannot so much as delay the smallest proceedings of it in any Court or Session, by his supreme power, by any means whatsoever) to effect in his meanest Courts, much less then in the greatest; from whence the subversion of Laws, Liberty, Justice, and the whole Realm would ensue. If any therefore cavil at the Act for continuance of this Parliament, till both Houses shall agree to adjourn or dissolve it; or at the Bill for Trienniall Parliaments, which when they meet, shall not be dissolved without their consents for fifty days space next after their first meeting: Let them now learn, that this is no Innovation, nor encroachment on the Crown, but an ancient Privilege of Parliament, both claimed, practiced, 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, Lord's and Commons in former times, have claimed and exercised far greater Privileges and Jurisdictions, than this or any other Protestant Parliament hath hitherto claimed or practiced: which I hope, will forever silence the clamourous tongues of all ill Counselors, Courtiers, Royalists, Malignants, Papists, and Cavaliers against the present Parliament, of whose highest (yet moderate) proceedings, themselves alone have been the occasions, and therefore (of all others) have least cause to complain against them.

BUT to return again to the first grand Objection. Thirdly, I answer, that the High Court of Parliament, and whole kingdom which it represents, may in divers respects be truly and properly said, to be the Highest Sovereign power of all others, and above the King himself: which because it may seem a dangerous paradox, and tends much to the vindication both of the Privileges, Honor, and Jurisdictions 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 declaim against both by word and writing, 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 rational man (I hope) shall be able to contradict, but must necessarily submit to.

First, it is undeniable that the Court of Parliament hath a lawful power, to question all the Kings Patents, Charters, Commissions, Proclamations, Grants, Warrants, Writs, and Commitments whatsoever, whether they be Legal; yea to cancel or repeal them in case they be illegal, mischievous, or onerous to the Subject, not only without but against the Kings consent, and mandate to the contrary; as appears 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 kingdom 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, cancel, disannul, revoke the Kings own Royal Charters, Writs, Commissions, Patents, &c. though ratified with the Great seal and regal power, even against his will, must certainly be a Sovereign power and Authority, which in point of Law and Justice is superior to the King. This is Bractons resolution, l. 2. c. 16. f. 34. a, and Fletaesl. 1. c. 17. Where they affirm, the Law and Parliament to be above the King, because they may censure, judge, and rescinde the Kings Acts & Charters, legally and judicially, even against his personal, though not legal Will, which is the Law.

Secondly, It is unquestionably true, that in all cases of difference between the King, and all or any of his Subjects, though they concern the Kings Prerogative and the highest branches thereof, the Parliament is the supremest and most proper Judge, and its resolution (from which there is no appeal to any higher tribunal) shall finally bind not only all the Subjects, but the King himself, notwithstanding his own personal disassent. This is manifest by the many late resolutions given in Parliament against sundry Patents, Commissions, Writs, Charters, Impositions, Loanes, Shipmoney, Forest-Bounds, Marshall Law, Pressing and Billetting Soldiers, Imprisonment by special Command of the King or his Privy Counsel, Tonnage and Poundage, Knight-hood and Taxes, the Commission of Array, and the like, which oblige 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; as Bracton truly avers, against all Royalists mistakes. Now that which can thus finally conclude and bind the King himself, even volens nolens, in cases of highest concernment, entrenching farthest upon his Prerogative Royal, must doubtless be the most Sovereign power, Superior to the Kings. And in this sense every Court of Justice, whose just resolutions, and every petty Jury, whose upright verdicts oblige the King (because warranted by the Law which is Paramount the King (as Bracton, Fleta, Fortescue, King James, Edward the Confessor; yea and Aristotle, resolve) may be t • uely said to be above the Kings person, which they bind; but not above the Parliament, which by its superlative power may examine all judgments and verdicts, in other Courts by way of error, or appeal, and reverse them if there because, when as the King in person cannot by law examine or reverse them, but only in his Courts of Justice, by his Judges.

Thirdly, Parliaments oft times do, and may as they see cause, enlarge the Kings Prerogative and Royal power in sundry particulars, in which the King had no such jurisdiction before these Acts; witness 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 Progenitors were before him: having formerly made the like Grant to King Richard the second, who perverted it to the altering of the Laws in many things, as appears 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 only can create and confer on Kings a greater regal Authority, and Prerogrative than they had before; must needs be the Original and supreme Authority: for as we rightly argue That the Kings Authority is superior to all other his greatest Officers and subordinate Ministers of Justice, because their power is by Patent, or Commission derived from his: So we may from the self-same reason conclude, that the High Court of Parliaments power (the representative Body of the whole kingdom) is the most Primitive, Sovereign and greatest Authority of all other, yea, larger and higher than the Kings; because it only can enlarge the Kings Prerogative, all whose original or additional Royalties, proceeded not from the King himself, or his Ancestors own inherent hereditary power, (for what King could justly without his people's consents, usurp a Crown or lawful Royal Prerogative to himself, over an whole Country?) but merely from the voluntary consent and grant of his people in the Parliament. This is irrefragably evident not only by the various kinds of Kings; where of some are of greater power and authority. others of less; some by Election, others by succession only, by reason of their Kingdoms & Subjects original institution, by the divers alterations of the Monarchy in this kingdom, which hath been sometimes divided into seven, sometimes into five, sometimes into three or two kingdoms, and at last reduced unto one; by the great changes and alterations made in all Foreign Realms, which have sometimes multiplied, sometimes diminished the number and power of their Princes, and sometimes quite abolished the royal form of Government, changing it into an Aristocratical or popular rule, or Dukedom: by the divine Authority of S. Peter, who in this regard calls Kings and their Supremacy, a human creature, or Ordinance of man, because instituted, limited, and molded into several degrees of power by men over whom they reign; but likewise by two express determinations of Aristotle in these terms, Regna patriis moribus & legibus FUNDATA & CONFIRMATA SUNT. And Verum Regnum est imperium majo • ibus & praestantioribus viris VOLUNTATE CIVIUM DELATUM, seconded by Tully, Livy, and others.

It is the unanswerable Argument of Marius Salamonius (an 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 Kingdom and people the Sovereign power, greater than the Prince, and the Prince (be he King or Emperor) inferior unto them; because he is not only 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 royal power. Who though he be greater than any private subject or magistrate, over whom he rules; yet he is still inferior to all the people and kingdom, whose Servant or Creature he is, and by whose authority he doth and manageth all things. And though Principalities generally considered be of God; yet the constitution of Princes, and their several degrees of power are merely from men: for if the regal Authority of Kings were merely from the Law of God, or nature (as many ignorant Court Doctors now Preach and write) it should be the same, and like it self in all kingdoms, the same among the Romans, as Parthians, 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 choice of; the Power, Rights, and Royalties of the Kings of the Parthians, Medes, and Scythians, being such as the Parthians, Medes and Scythians please; therefore the Rights and Prerogatives of the Roman Empire and Emperors, (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 large. And it is the direct conclusion, not only of this Author, but likewise of John Mariana a Spanish Jesuit in his Book De Rege & Regis institution, l. 1. c. 8. Dedicated to King Philip the third of Spain, and Printed by his and the Emperors special Privilege both in Spain and Germany; That the whole Commonwealth, kingdom 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 Royal Authority from them alone, not for his own, but their service, and benefit, who may enlarge or restrain it as they see just cause. And not to trouble you with Foreign Authorities in this point, which are infinite; I shall only acquaint you with the resolutions of some eminent ancient Lawyers of our own.

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

Henry de Bracton, who writ in Henry the third his Reign, as in his forecited Passages; so in others, resolves; 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 Kingdoms great Counsel? by whose Counsel and consent alone, all Laws were first enacted, and yet are, as the same Author informs us, who further adds. That the King ought to be under the Law, because Christ whose Vicar he is on earth, when be came to redeem mankind, made choice of this way especially to destroy the works of the Devil, using not the strength of his power, but the reason of his justice, and so would be under the Law, that he might redeem those that are under the Law; Thus the Virgin Mary the mother of our Lord, who by singular privilege was above the Law, yet to show an example of humility, refused not to be subject to Legal Ceremonies. So therefore the King, lest his power should remain unbridled, there ought not to be a greater than he in the Kingdom in the exhibition of Justice; yet he OUGHT TO BE THE LEAST, or AS THE LEAST IN RECEIVING JUDGEMENT, if he require it. That a King is created and elected, (by whom but by his kingdom?) to this purpose, to do justice unto all. That a King cannot do anything else in earth (seeing he is God's Minister and Vicar) nisi id solum quod de jure potest: but that only which he can do by Law. That God, the Law, and his Court (to wit) the Earls 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 ancient Law-book, written in King Edward the third his Reign, l. 3. c. 3. & 17. useth the self-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 Earls and Barons; to wit, the Parliament.

Fortescue a Lawyer, Chancellor to King Henry the sixth, proves at large, That the King of England cannot alter nor change the Laws of his Realm, at his pleasure; for why, be governeth his people by power not only Royal, but Politique. If his power over them were royal only, then he might change the Laws of his Realm, and charge his Subjects with tallage and other burdens, without their consent; and such is the Dominion the Civil Laws 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 Subjects, NOR YET CHARGE THEM WITH STRANGE IMPOSITIONS AGAINST THEIR WILL. Wherefore his people do frankly and freely enjoy and recover their own goods, BEING RULED BY SUCH LAWES AS THEMSELVES DESIRE, neither are they pilled off their their own King or any other. Like pleasure also should the Subjects • ave of a King ruling only by Royal power, sol ong as he falleth not into tyranny, St. Thomas in the Book he wrote to the King of Cyprus, justifieth the State of a Realm to be such, that it may not be in the Kings power to oppress his people with tyranny; which thing is perfomed only, when the power Royal is restrained by power Politique. Rejoice then O Sovereign Prince, and be glad, that the Law of the Realm 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 shows the different sorts of Kings or kingdoms, some of greater, others of lesser power; some elective, others successive; proceeding merely from the people's free consents and institution, and that the ancient Egyptian, Ethiopian, and other Kings, were subject to, and not above their Laws, quoting sundry passages out of Aristotle, concerning the original of kingdoms. Chap. 13. He proceeds thus:

And Chap. 36. f. 86. He concludes thus. Thus and much more this Learned Chancellor in point both of Law and Conscience, sufficient to stop the mouths 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 Kingdom in those days.

In few words, Raphael Holinshed, John Vowell and others, in their Description of England, Printed Cum Privilegio, resolve thus of the Parliaments power. This House HATH THE MOST HIGH AND ABSOLUTE POWER OF THE REALME, for thereby KINGS AND MIGHTY PRINCES HAVE FROM TIME TO TIME BEENE DEPOSED FROM THEIR THRONES, and Laws 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 himself, yet by his Advocate and Attorney: For this cause anything 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 do, 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 Laws, to create and elect their Kings and Emperors, and likewise to judge, censure, and depose them; to create and elect all kinds of Officers, and to change the very form of their State and Government (as I shall hereafter manifest:) Therefore by these Authors resolution, the Parliament hath an absolute power to do the like, when they see just cause. Sir Thomas Smith one of the Principal Secretaries of State of King Edward the 6. and Queen 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 adds, that the Parliament giveth form of Succession to the Crown, &c. Our Kings Royal power being then originally derived to them, conferred on them by the Peoples and kingdoms common consents in Parliament, and all their new additional Prerogatives too, as the premises evidence, it cannot be denied, but that the whole kingdom and Parliament, are really in this sense above him, and the most Sovereign primitive power from whence all other powers were, and are derived.

Fourthly, This is undeniable, because the whole kingdom in Parliament, may not only augment, but likewise abridge, allay, abolish, and resume some branches of the Kings royal 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 kingdoms, people's welfare, peace, safety, Liberty, or the Laws; 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 Purveyens, Pardons, Protections, and for regulating the Kings Charters, Grants, Revenues: the Acts made this Parliament against Ship-money, Knighthood, Forest-bounds, Pressing of Soldiers, the Star-Chamber, High-Commission, the Trienniall Parliament, the continuance of this Parliament, whiles they please, with sundry other Acts, which restaine, abridge, repeal, resume divers real and pretended branches of the Kings royal Prerogative, because they proved grievous, mischievous, dangerous, pernicious to the people and kingdom. This then answers that irrational, groundless position of Doctor Ferne; That the Subjects neither lawfully may, nor ought in any case to resume all or any part of that Regal 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 people's prejudice. Which, as it is contrary to that received principle of nature and reason: Eodem modo quo quid constituitur, dissolvitur, That all Governments created by men's consents, especially being but officers in trust for their good and welfare only; to sundry presidents and Prophesies in Scripture concerning the Alterations, Subversions, Diminutions of Kings and kingdoms; to the constant practice of all Realms, all States whatsoever, from Adam till this instant, who have undergone many strange alterations, eclipses, diminutions, yea Periods of Government: to the Resolution of Aristotle, and all other Politicians, who hold all forms of Government changeable and revocable, without any injustice, if necessary or convenient; So likewise to the very end for which Kings have regal power (as well as other Governors, and Governements) and for which they were ordained; to wit, their kingdoms, people's welfare, safety, peace, protection, &c. Salus populi, being not only that Suprema Lex, but principal end for which all royal power was instituted by God and Man, and to which it must submit in case it becomes incompatible, or inconsistent with the public weal 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 near three hundred African Bishops more, were then ready to lay down for the Churches peace; I may fitly apply to the now over-much contended for supposed royal Prerogatives of Kings, to effect peace in our State, in these times of uncivil military (that I say not bloody) dissensions, raised about them between King and Parliament, An • vero, &c. What verily did our Redeemer descend from heaven into human members, and shall we, lest his very members he rent in pieces with cruel division, fear to d • scend out of out Thrones? we are ordained Bishops for Christian people's sake, what therefore may profit them for Christian peace, that let us do with our Bishoprics. 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 hurtful to thee. If we be profitable servants, why do we envy the eternal gains of our Lord for our temporal sublimities or Prerogatives? Our Episcopal dignity will be more fruitful to us, if being laid down it shall more unite the flock of Christ, than disperse it if retained. If when I will retain my Bishopric I disperse the flock of Christ, how is the damage of the flock the honor of the Shepherd? &c. Old statute Laws, 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, inferior to these Laws, be restrained, yea resumed, when they prove grievous or dangerous to the Subject: It is the Kings own professed Maxim, in full Parliament; (Printed and enrolled by his special 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 only for the public weal, not prejudice of the people. The Emperor Otho the first, and our King Richard and second (as some imagine) voluntary resigned, relinquished their Crowns, to their immortal honor, to prevent the effusion of their Subjects blood, by civil wars, and settle peace within their Realms: and shall not other Kings then most joyfully part with some Punctilioes of their real, or branches of their supposed Prerogatives for the selfsame ends, if their Parliaments see good cause to resume them, and of right may do it?

Fifthly, The King though he be the chief and principal (yet he is only one member of the Parliament and kingdom, the least (because but one person) though the highest branch; the Lord's and Commons (not elected by, but assigned Counselors to the King, by the kingdom and people) being the greatest and most considerable part, as representing the entire body of the Kingdom. Now common reason, Law, and experience manifests, and Aristotle Polit. l. 1. c. 2. with Marius Salamonius, de Principatu, l. 1. p. 40, 41. conclude, that the whole, or greatest part in all politique or natural Bodies is of greater excellency, power, and jurisdiction, than any one particular member. Thus in all our Corporations, the Court of Aldermen and Common Council is of greater power than the Mayor alone, though the chief Officer: the Chapter of greater authority than the Dean, the Dean and Chapter than the Bishop; the whole Bench, than the Lord chief Justice, the whole Council 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 fundamental Constitutions of the Realm, are not Subordinate, but Coordinate parts of the same great Common-Council of the kingdom. It is Aristotle's express determination, that in an Oligarchie, Aristocracy, and Democracy, whatsoever seems good to the major part of the Governors of the Common-wealth, that is ratified; that the whole City, Kingdom, 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, the major part have always had the greatest sway, and constantly over-ruled the less, though it be but by one casting voice; as is evident to all in the Elections of Knights, and Burgesses of, and votes in the Parliament; in which the King, Lord's and Commons, by the Common Law, make up but one entire Corporation: since then even in Parliament it self, the major part over-sways the rest, yea the King himself (who hath no absolute negative voice, but only in refusing to pass some kind of Bills not all (of which more hereafter) doubtless the whole, or major part of the Parliament (which in Law is the whole) is above the King, the chief 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 himself from the same Parliament till it be fully ended or pro • ogued, without special license of the Speaker of the Commons to be entered of Record in the journall Book, under pain of amercement, loss of wages, & other punishment; nor any Member of the Vpper House without that Houses license under pain of inditement, imprisonment or fine; as appears by the Bishop of Winchesters case, 3 E. 3. 19. Fitz. Coron. 161. and Stamford, l. 3. c. 1. f. 153. completely answers that fond cavil of Malignants and Royalists against this Parliament; that the King and many of the other Members have willfully absented themselves from the House, (of purpose to dissolve it if they could, notwithstanding the late special Act made by their joint consents for its continuance,) Ergo this unlawful Action of theirs (to effect this pernicious design) must nullify, or at least invalid (in their new non-sense Law and Logic) the lawful proceedings of those worthy faithful members who continue in it, to preserve both Parliament, Kingdom, Religion, Laws, Liberties, from ruin and dissolution. If these absent Members be the greater number, why do they not come and over-vote the rest in the House in a peaceable, legal, usual Parliamentary way, rather than challenge them into the field in a military, illegal, unusual 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, unless they will be wilfuller (I cannot say wiser) than all their predecessors put together.

As for his Majesty's absence from the Parliament by the pernicious advise of evil Counselors; so much insisted on by Malignants.

I answer, First, That it was without any just cause given by the Parliament. Secondly, It was much against their wills, who have oft importuned, petitioned, and used all possible means to procure his return. Thirdly, His absence was procured, and is yet continued by those alone, who most unjustly tax the Parliament for it, and would take advantage of this their own wrong. Fourthly, though he be personally absent as a man, yet he is still Legally present in Parliament, (called the Kings presence ) as he is a King; as he is in all other his Courts of Justice, where all proceedings are entered, Coram Rege, though the King never yet sat 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 tie his royal presence to it, though the Cavaliers about him should be force with-draw his person from it, not only as far as York, 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 willful personal absence from his greatest Counsel 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 than Rehoboams forsaking the counsel of his ancient Sages, to follow the hare-brained advise of his young Cavaelieres; for though he followed not their ancient prudent counsel, yet he with-drew not himself from them, as his Majesty now severs himself from his Parliament, not only without but against all precedents of his Royal predecessors, except King Richard the second (who once absented himself from his Parliament above forty days, yet then returned to it upon better advise) and the very common custom and Law of the Land, (which he is obliged by his Coronation Oath, and many late Protestations added to it, constantly to maintain. ) This appears most clearly by the ancient Treatise, Of the manner of holding of Parliaments in England, both before and since the Conquest, ( tendered to and approved by the Conqueror himself, newly Printed 1641.) which in the Section, Touching the Kings absence from Parliament, resolves thus. The King is BOUND by all means possible TO BE PRESENT AT THE PARLIAMENT; unless he be detained or let therefrom by bodily sickness, and then he may keep his Chamber, yet so as he lie not without the Manor, or Town 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 Earls, two Barons, two Knights of the shire, two Burgesses, and two Citizens, to look upon his person, to testify and witness his estate, and give Authority to the Arch-bishop of the place, the Steward of England, and chief Justice, that they jointly and severally should begin the Parliament, and continue the same in his name, (See 8 H. 5. c. 1. Cromptons Jurisdiction. f. 13. a. 17. b. according herewith) express 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 murmur in the Parliament for the Kings absence, because his absence is hurtful and dangerous to the whole commonalty of the Parliament, neither indeed OUGHT, OR MAY HE BE ABSENT, BUT ONELY IN THE CASE AFORESAID. And whereas Malignants clamour, that most of the Lord's are absent as well as the King, and therefore this can be no lawful Parliament; The same Author will inform them; That if the Lord's be once summoned to Parliament, and then appear not, or absent themselves, the King may hold the Parliament with the Commonalty and Commons of the kingdom (every of which hath a greater voice in Parliament then the greatest Earl in England, because he represents a whole County, Town, or City, the other himself alone) without Bishops, Earls, or Barons; because in times past, before there was either Bishop, Earl, or Baron, yet even then Kings kept their Parliaments; but on the contrary, no Parliament can be kept by the King and Peers, if all the Commons (for the Kings misgovernment, or such like cause) should absent themselves. This is the judgment of