The Sovereign Power of Parliaments and Kingdoms

Master John Vowel too, who writes in this manner: Yet nevertheless, if the King in due order have summoned all his Lord's and Barons, and they will not come: or if they come, they will not yet appear: or if they come and appear, yet will not do or yield to anything, then the Kings with the consent of his Commons, may ordain and establish any acts or Laws, which are as good, sufficient and effectual, as if the Lord's had given their consents. But on the contrary, If the Commons be summoned and will not come, or coming will not appear, or appearing will not consent to do anything, illedging some just, weighty, and great cause; the King in these cases cannot with his Lord's devise, make, or establish any Law. The reasons are these, When Parliaments were first begun and ordained, there were no Prelates or Barons of the Parliament, and the temporal Lord's were very few or none; and then the King and his Commons did make a full Parliament, which Authority was never hitherto abridged. Again, every Baron in Parliament, doth represent but his own person, and speaketh in the behalf of himself alone. But in the Knights, Citizens, and Burgesses are represented the Commons of the whole Realm, and every of these giveth not consent only for himself, but for all those also for whom be is sent. And the King with the consent of his Commons had ever a sufficient and full authority, to make, ordain, and establish good and wholesome Laws for the Commonwealth of his Realm. Wherefore the Lord's being lawfully summoned and yet refusing to come, sit, or consent in Parliament, cannot by their folly, abridge the King and the Gommons of their lawful proccedings in Parliament. Thus and more John Vowel in his Order and Vsage how to keep a Parliament; Printed Cum Privilegio. And Sir Edward Cook, in his Institutes on Magna Charta, proves that the Lord's and Peers in many Charters and Acts, are included under the name of the Commons and Commonalty of England. But we need not retire to this last doubtful refuge; the Honorable faithful Lord's now present, though not so many as could be desired, are the entire House of Peers in judgment of Law, (as those present at the election of Knights of the Shire, or Burgesses (though the major part be negligently or willfully absent) are the whole Shire or Burrough) and the willful absence of the residue, though the greater number, being contrary to Law, contrary to the Privileges of Parliament, and their late Protestations, tending to the very subversion of Parliaments (for which high contempt they and their Posterities too, may justly be disabled forever to sit as members of that House, which they have so dishonourably, if not treacherously, deserted, even as well as Knights and Burgesses, whose personal attendance is so necessary, that if during the Parliament, they absent themselves from it, about any businesses of their own, without leave of the House, or be so sick, or elected Mayors of a Town, or any other judicial Officers, so as they cannot attend the service of the House, they may thereupon be lawfully expelled the House, and a new Writ expressing the cause of their removal, shall issue for a new election of others in their places, to make the House complete, as was resolved by the Commons House, 38 H. 8. Br. Parliament 7.) can no more disable those now present from being a true and lawful House of Peers, than the multitudes departing from the true Church of God, to the fa • se, disprove it to be the true Church of Christ, whose true flock is but little. In a word divers Parliaments have been kept and held, and Acts made without Bishops or Abbots heretofore, even while they were reputed members of the Lord's House, and one of the three Estates in Parliament; therefore this Parliament (which hath taken away Bishops Votes forever) may be lawfully held, notwithstanding any Lord's or Commons willful absence from it in person; who yet as long as they are members of the Parliament, shall still be adjudged legally present, whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgment, and make binding Orders, though the Chief Justice and his fellows be negligently or willfully absent: Much more then may the Lord's and Commons now present, do the like, in case of the Kings and other Members willful absence, of purpose to ruin both Parliament and Kingdom, against which they are now in arms, and have levied open war.

Sixthly, it is most apparent both by Scripture, the verdict of all Politicians and writers of note, the Statutes of our Realms and Lawyers, that kingdoms, Subjects, and Parliaments, were not created by God for the wills, pleasures, profit or benefit of Kings, who by birth and nature differ not at all from the meanest of their Subjects; but Kings were at first constituted, and still continued for the protection, welfare, benefit, service of their kingdoms, Parliaments, People, whose public Servants, Ministers, Shepherds, Fathers, Stewards, and Officers they are. Now Nature, Reason, and Scriptures resolve, that he who is instituted merely for the benefit and service of another (as all the Creatures were created for man's use, and therefore are inferior unto man in dignity and power) is of less dignity, power, and jurisdiction, than the entire body of those for whose good he was instituted; as the servant is inferior to his Master; the Wife to her Husband, for whom they were created; the Mayor to the whole Corporation; and the King to his whole Kingdom and Parliament: which consideration hath caused sundry Kings and Emperors, not only to adventure their lives in bloody battles, but to lay down their Crowns for the peace and safety of their Subjects; witness Otho the first, and others; with the Examples of Moses, Exod. 32. 9. to 15, 32. Numb. 14. 11, to 15. of David, 2 Sam. 29. 17. 1 Chron. 21. 17. and John 10. 11. 15. with other precedents which I pretermit. And the reason is apparent, for if the King be slain in defense of the kingdom or People, yet the kingdom and people may remain secure, and another succeed him in that office of trust, (In which respect a Politique body differs from a Natural, that it hath life, continuance, and means to guide, defend, and Order it self, though the King and head be cut off by death.) But if the Realm and People be destroyed, though the King survive them as a Man, yet he must necessarily perish in and with them as a King, since he cannot possibly be a King without a kingdom and people; for whose good and safety alone he was made a King. Hence Aristotle, Polit. l. 3. c. 4. and Marius Salamonius, de Principatu, l. 2. p. 50. define a Principality, to be A just Government for the benefit of the people, respecting only the public good and welfare, not its own private advantage. Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Common-wealth. That as he is a Prince, he neither minds nor commands what is advantageous to himself, but what is beneficial to his Subjects; and whatever he saith or doth, he saith and doth it for the profit and honor of the Republic; which Cicero in his Offices hath more elegantly thus translated; As the defense, so the procuration of the Common-weal is to be managed to be benefit of those who are committed, not of those to whom it is committed. And de Finibus l. 3. A good and wise man, not ignorant of his civil Office, is more careful of the utility of all, than of any one, or of his own: Neither is a Traitor to his Country to be more dispraised, than a deserter of the common profit and safety, for his own profit and safety. And the Emperor Justinian used this golden sentence. Quod communiter omnibus prodest, hoc privatae nostrae utilitati praeferendum esse censemus; nostrum esse proprium, subjectorum commodum Imperialiter existimantes: Imperialis benevolentiae hoc esse judicantes, in omni tempore Subjectorum commodatam investigare, quam eis mederi procuremus. I shall conclude this with Salamonius his words. Let the Prince be either from God, or from men, yet think not that the world was created by God, and in it men, that they should serve for the benefit of Princes; for it is an absurdity, above what can be spoken, to opine that men were made for Princes, since God hath made us free and equal: But Princes were ordained, ONELY FOR THEIR PEOPLES BENEFIT, that so they might innocently preserve human and civil society with greater facility, helping one the other with mutual benefits: Which he there largely proves by sundry Histories and Authorities. That of Peter Matthew being a certain verity. All the Actions of a Prince must tend to the good and health of his people, for whom he lives, and more than for himself, as the Sun doth not shine and give heat, but for men, and the elements. The King then being made King, only for the Kingdoms, Parliaments, Peoples service, must needs (in this regard) be inferior to, not Paramount them in absolute Sovereign power; though greater, better than any particular Subjects.

Seventhly, The Parliament (as our Law-books, and Writers resolve) is the most high and absolute power, the supremest and most ancient Court of the Realm of England, and hath the power of the whole Realm, both Head and Body; and among other Privileges this is the highest, that it is above the Law it self, having power upon just grounds to alter the very common Law of England; to abrogate and repeal old Laws, to enact new Laws of all sorts, to impose taxes upon the people: Yea, it hath power to declare the meaning of any doubtful Laws, and to repeal all Patents, Charters, Grants, and Judgments whatsoever of the King or any other Courts of Justice, if they be erroneous or illegal, not only without, but against the Kings personal consent, so far as finally to oblige both King and Subjects. Now it is clear on the contrary side, that the King hath not the power of the whole Realm vested in his person, that he and his Prerogative are not above, but subordinate to the Laws of the Realm; that he cannot by his absolute regal power, alter the Common Law of the Realm in any particular point whatsoever, that he cannot repeal any old, nor enact any new Law whatsoever, nor impose the least tax or common charge upon his people, nor imprison their persons, distrain their goods, declare any Law, or reverse any judgment in the meanest of his Courts, without or against his people's joint consents in Parliament; For Potest as sua Iuris est & non injuriae; &, Nihil aliud potest Rex in terris, nisi ID SOLUM QUOD DE JURE POTEST. Bracton l. 3. c. 9. f. 107. Therefore without any peradventure, the Parliament in this regard is the most Sovereign Authority, and greater in jurisdiction than the King. John Bodin that great Lawyer and Politician, resolves; That the chief mark of an absolute and Sovereign Prince is to give Laws to all his Subjects in general, and to every of them in particular without consent of any other greater, equal, or less than himself. For if a Prince he bound not to make any Laws, without the consent of a greater than himself, he is then a very Subject: if not without his equal, he then hath a Companion (as Bracton and others forecited, say our English King hath; namely his Earls and Lord's, thence styled Comites:) if not without the consent of his inferiors, whether it be of his Subjects, or of the Senate, or of the People; he is then no Sovereign. Whence it follows, that the Kings of England, who cannot make any Law to oblige either all or any of their Subjects, nor impose any Taxes, nor repeal any Common or Statute Law, but in and by their Parliaments, are no absolute Sovereign Princes (as some Royalists and Court Divines, most falsely aver them to be) but mere mixed Politique King, inferior to their Laws and Parliaments, the sole Law-makers, Law-alterers, though not against, but with the Kings assent, considered not abstractively as Kings, but copulative as a branch and member of the Parliament. And indeed to speak impartially, though the Kings Royal assent be generally requisite to pass and retifie Laws: yet I humbly conceive, that the original, prime, Legislative power of making Laws to bind the Subjects and their Posterity, rests not in the Kings own Royal person, or Jurisdiction, but in the Kingdom, and Parliament, which represents it.

For first, admit the King should propound any Laws to his people (as Kings and Law-givers usually did at first) yet these Laws would not ways oblige them, unless they voluntarily consented and submitted to them in Parliament; and the sole reason why our Acts of Parliament bind the Subjects in former times, and at this day, is, not because the King willed them but because the people gave their general consents unto them in Parliament, as Sir Thomas Smith in his Common-wealth of England, Holinshed, the Prologues to most ancient Statutes, (the King by the advise, and assent of the Lord's Spiritual and Temporal, and Commons, and at the special request of the Commons in Parliament assembled, and by THE AUTHORITY OF THE SAME PARLIAMENT, doth grant and ordain, &c.) The Kings Coronation Oath, Quas vulgus Elegerit and all our Lawbookes resolve, and that upon this received Maxim of Law; Quod omnes tangit ab omnibus debet approbari. Hence Marius Salamonius defines a Law to be, Expressa Civium Conventio; and avers, that Ligatur populus suis legibus, quasi pactis conventis, quae verae sunt Leges: And he likewise proves at large, That the Laws to which Princes assent are more the Peoples Laws than the Kings, because Kings do pass and grant them but as the public Ministers of the people, and by their command and direction, and they could neither assent to Laws, nor do any other Act of Royalty unless the people had given them such authority: with which Fortescue concurs, c. 9. 13, 14. The King in passing Bills, doth but like the Minister in Marriage, declare it to be a Law; but it is the parties consents which makes the Marriage, and the people's only that makes it a Law to bind them; whence those in Scotland, Ireland, Man, Garnsey, and Iersie are not bound by our English Statutes, nor Tenants in Ancient Demesne, as hath been oft times judged; because they consented not to them. Therefore the chief Legislative power is in the people and both Houses of Parliament, not in the King: as it was in the Roman State, where the people had the Sovereign Jurisdiction of making and confirming Laws to bind them, not their Kings, Emperors, or Senate, as I shall hereafter manifest.

Secondly, This appears by the case of Customs, of By-Laws in Corporations and Manours, which bind all the Corporation and Tenants (if they be reasonable) without the Kings or Lord's consents, by reason of their mutual assents alone; and as these private By-Laws oblige all those who consent to them by reason of their ownefree assents only, so do all public Acts of Parliaments oblige all Subjects, only because of their general assents to them in their Knights, Citizens, and Burgesses, elected by and representing their persons.

Thirdly, all Bills or Acts of Parliament are usually made, framed, altered, thrice read, engrossed, voted and fully agreed upon in both Houses, without the Kings personal knowledge or privity for the most part, before they come to have his Royal assent. And when they are thus agreed on by both Houses, the King cannot alter any one word or letter in them (as the Houses may do) but must either absolutely as • ent to, or consider further of them. And if the King send any Bill he desires to have pass, it must be thrice read and assented to in both Houses (which have power to reject, alter, enlarge, or limit it as they think meet) else it can be no Act at all. A clear Demonstration, that the chief power of enacting and making Laws is only in the people, Commons, and Peers, not the King: who by his Writ doth purposely summon them to meet and enact Laws, as the chief Legislators. Witness this notable clause in the Writ for the Election of Knights, and Burgesses: Ita quodiidem Milites plenam & sufficientem Potestatem pro SE & COMMUNITATE Comitatus praedicti, & dicti Cives & Burgenses pro SE & COMMUNITATE Civitatum & Burgorum praedictorum divisim ab ipsis habeant, AD FACIENDUM ET CONSENTIENDUM HIS quae tunc & ibidem DE COMMUNI CONSILIO DICTI REGNI (not Regis ) nostri contigerint ORDINARI super negotiis antedictis. Ita quod PRO DEFECTU POTESTATIS HUJUSMODI, &c. dicta negotia INFECTA NON REMANEANT quovis modo: answerable to which is that clause in Pope Elutherius his Epistle to our first Christian King Lucius, about An. 185. Ex illis Dei gratia, PER CONSILIUM REGNI VESTRI SUME LEGEM, & per illam Dei potentia vestrum reges Britania regnum.

Fourthly, all public Acts are the whole Kingdoms Laws, not Kings alone, made principally and solely for the Subjects benefit, if good; their prejudice, if ill: therefore the whole Kingdom (represented in and by both Houses, not the King) knowing much better what is good or bad for themselves, than the King alone, it is just and reasonable that they, and not the King, should be the principal Lawmakers, to bind or burden themselves with any new Laws, penalties or restraints.

This is the ground of that notable Rescript of the Emperor Theodosius to the Roman Senate; which proves the Roman Emperors to have no right, nor power to declare or make Laws, but by the Senates concurring assent and approbation, Humanum esse probamus, si quid de caetero in publica privatave causa emerser it necessarium, quod formam generalem & antiquis Legibus non insertum exposeat, id AB OMNIBUS autem tam Proceribus nostri Palatii, quam gloriosissimo caetu vestro, Patros conscripti, tractari: & si UNIVERSIS tam Iudicibus, quam VOBIS placuerit, tunc legata dictari; & sic ea denuo COLLECTIS OMNIBUS recenseri: & CUM OMNES CONSENSERINT, tunc demum in sacro nostri numinis consistorio recitari: ut UNIVERSORUM CONSENSUS, & nostrae Serenitatis authoritate firmetur. Scitote igitur, Patres conscripti, NON ALITER IN POSTERUM LEGEM a nostra clementia PROMULGANDAM nisi supradicta forma fuerit observata. Bene enim cognoscimus quod cum vestro consilio fuerit ordinatum ID AD BEATITUDINEM NOSTRI IMPERII ET AD NOSTRAM GLORIAM REDUNDARE. Therefore doubtless he deemed the Senate the chief Legislators, as knowing better than himself, what conduced to the beatitude of the Empire, and to his own Imperial honor, and never dreamed of any negative voice annexed to his Imperiality, to deny such Acts as they once Voted for useful public Laws.

Fifthly, It is clear, that all Acts which give any Subsidy, Taxes, Penalties, or forfaitures to the King, are made only by the People in Parliament, and not principally by the King, since the King cannot be said in any propriety to give anything to himself. This is undeniable by the form of penning all subsidy Bills granted by the Commons or Clergy. Your Commons assembled in your High Court of Parliament, &c. humbly present your Majesty with the free and cheerful gift of two entire Subsidies, which we humbly beseech your Majesty graciously to accept, &c. Your Majesty's faithful Subjects the Prelates and Clergy, &c. with one agreement and uniform consent, have given and granted, and by these presents do give and grant to your Highness, &c. four entire Subsidies, in manner and form as followeth. And by the Kings assent to these Bills, Le Roy remercy ses Loaulz Subjects accept LOUR BENEVOLENCE, &c. the Commons having the sole power to grant or deny Subsidies and Taxes when they see cause, and to limit the proportion of them, the manner and time of paying them; and to order how and by whom they shall be received and employed; as all Acts of this nature manifest. If then they be the chief Law-makers in these Acts which lay any imposition upon the Subjects goods, or restraint on his person; then by like reason in all other penal public Laws. This is infallibly clear by the Kings Coronation Oath; who swears, That he will grant, fulfill and defend ALL RIGHT FULL LAWES and CUSTOMES the which THE COMMONS OF THE REALME SHALL CHUSE, and shall strengthen and maintain them after his power. If the Commons then are to choose Laws, and the King by his Oath bound to grant, strengthen, maintain and defend them when chosen by them, then doubtless they are the chief Legislators, not the King; whence Fortescue c. 9. resolves, That the People of England, are ruled by such Laws as themselves choose or desire: And that their Laws are their own, not the Kings.

Seventhly, all Acts of Parliament made in the Reignes of usurpers who have no Title to the Crown, nor right to assent to Laws, are firm and good in Law, and shall bind the right heirs to the Crown, as is evident by the Laws made by King John, Henry the 4, 5, & 6. (reputed usurpers by Edward the 4.) and Richard the 3. acknowledged an usurper, whose Laws are yet in force. The reason is (as is clear by 1 E. 4. c. 6.) because these Laws, and all other Judicial Acts in Courts of Justice, are the Acts of the Parliament and Courts themselves, which are lawful; not of the usurping King, who is unlawful. Therefore certainly the Legislative power is more in the Parliament tha •• in the King, if not wholly in it, there being Laws and kingdoms before Kings were.

Eighthly, There are good and binding Laws in many Aristocratical and Democratical States (as in Venice, the Netherlands, Geneva, Florence, Switzerland, and other Republickes ) where there are no Kings at all: Yea, there were such obligatory Laws in Bohemia, Poland, Sweden, Spain, Hungary, and other Realms, before they were erected into kingdoms; which remained in full force, and efficacy, and still bound both King and People after they became kingdoms; And the Romans, Athenians, Lacedemonians Laws of old, made under their Kings, survived and continued in their vigor, after their Kings were abandoned, and the very form of their states quite altered into an Aristocracy; yea the Laws made by the Roman Senate and People, continued in force after their Emperors were erected; and the very Lex Regia (recorded by Salamonius ) which created, limited, and defined the very Prerogative, Power and Authority of the Roman Emperors, was made only by the Senate and People, who by that Law gave sometimes more Authority to one Emperor than to another; and restrained the power of some Emperors more than others, and subjecting them to some Laws from which they exempted others; and therefore doubtless were the supremest Lawgivers, and the Sovereign power above the Emperor) as Marius Salamonius, and Bodin prove at large. And the Emperor Theodosius is not ashamed to profess as much in his Edict to Volusianus, in these terms: Digna vox Majestate regnantis LEGIBVS ALLIGATVM SE PRINCIPEM PROFITERI: AD EO DE AVTHORITATE IVRIS NOSTRA PENDET AVTHORIT AS: & revera majus Imperio est summittere Legibus Pincipatum. Etoraculo praesentis Edicti, Quod NOBIS LICERE NON PATIMVR, aliis indicamus. If then Laws may thus be made where there are no Kings, by the people's joint consents alone; If Laws enacted in a State before by consent it be made a Kingdom, remain in force after it is erected into a kingdom, and continue after it ceaseth to be a kingdom, only by and for the people, consenting to them; as is evident by infinite, examples; and the people, Parliament, Senate, have anciently made, and may make Laws even to bind their Kings, and Sovereigns themselves in points of their Prerogative and power; then doubtless they, and not Kings are the chief Sovereign Legislators; and their Royal assents to Laws, are no ways essential to the very being of Laws, but rather a complemental Ceremony.

Ninthly, admit the King should die without Heir, no doubt the kingdom and Parliament have a just right either to alter the government, or dispose of the Crown to what family they please (as the constant practice of all kingdoms in such cases manifests, and Bishop Bilson himself assureth us; That all Nations once members of the Roman Empire, when the right Heirs failed, were suffered to elect their Governors, where they pleased, as the Romans themselves might do ) and no doubt they may make binding public Laws during the Inter-regnum: as the kingdom and Estates of Aragon did during their Inter-regnums. Yea, if the King be an infant (as Henry the 3, Henry the 6. Edward 3. 5. and Richard 2. with other our Kings were, when the Crown descended to them) or non Compos Mentis, or taken with a dead Palsy or Apoplexy, or an Ideot by birth or Age, or a Monk professed, (as some Kings have been) or absent in a Pilgrimage to Rome, or a voyage to the Holy Land, (As the Lord's and State Assembled at the New Temple, after the death of King Henry the third, during his Son King Edward the 1. his absence in the Holy Land, Proclaimed him King, swore fealty to him, CAUSED A NEW SEALE TO BE MADE; appointed • it Officers and Ministers, for the Custody of his Treasure and Peace, and proclaimed his Peace throughout the Realm) or other remote foreign parts by reason of wars, as divers of our Kings heretofore have been; and so unable personally to consent to Laws; no doubt in all such cases, the right of creating a Protector to execute regal power, summon Parliaments, assent to Laws, is only in the Parliament, which may in these cases make any public Acts without the Kings personal presence or assent; and the assent; of the Regent or Protector, usually created by them, shall as firmly bind the King, as if he had personally consented, as is evident by all the Acts of Parliament passed during the minority of Henry the third, who was but nine years old; Edward the third, who was but thirteen; Richard the second, who was but eleven years of age; Henry the sixth, who was but nine months old; Edward the sifth, but twelve years; Henry the eight not eighteen years; Edward the fixed but nine years of age, when they began their Reignes; and so uncapable of giving any personal consent to Laws by themselves (of which they could not judge, but by their Protectors, ) and by all Acts made in the absence of King Richard the first, Edward the 1, 2, 3, 4. Henry the 3. 2, 3, 4, 5, 6. and others out of the Realm; all good and binding Laws, as appears by 28 H. 8. c. 17. which altered, and 33 H. 8. c. 22, which declareth the Law in these particulars. A clear demonstration, that the Parliament is the most absolute Supreame power, and Law-giver, not the King.

Tenthly, The King hath little or no hand in making, but only in assenting to Laws, when they are made by the Houses; as the usual form of passing Acts (Le Royle veult, The King wills (or assents to) it, not before, but after they have passed both Houses, imports: which assent of his, if the Bills be public and necessary for the Common good, is not merely arbitrary at the Kings will, but the King by Oath and duty is bound to give it, and the Lord's and Commons may in justice demand it of mere right, as I shall show anon. His Royal assent then, though it be the last act which compleates Bills, and makes them Laws, yet since it is but an assent to a Law formerly made by both Houses, which he cannot alter in any point: Yea, an assent, which the King in Honor, Law, Justice, Duty, by virtue of his Coronation Oath, is bound to give, as appears by the Prefaces of most Statutes, the Statute of Provisours, 25 E. 3. Parl. 6. 20 E. 3. and other Acts) it is so far from proving the King the Supreame power and Law-giver, that it manifests the contrary, that this power principally resides in both the Houses, not the King.

Eleventhly, The kingdoms Sovereignty and supreme jurisdiction above the King is most apparent by those Coronation Oaths, which Parliaments and the kingdom anciently, long before, or at leastwise in King Edwards days, before and ever since the Conquest, have prescribed to our Kings ere they would accept of them for their Sovereigns, of which I shall give you a short account.

Before the Conquest, I read in King Edward the Confessors Laws, not only the Office, but Oath of the King of England, (whom he and Bracton oft stiles, God's and Christ's Vicar upon earth ) thus excellently described. A King ought above all things to fear God: to love and observe his Commandments, and cause them to be observed through his whole kingdom: He ought also to set up good Laws and customs, such as be wholesome and approved, such as be otherwise, to repeal them and thrust them out of his kingdom. Item, he ought to do Justice and Judgment in his kingdom, by the counsel of the Nobles of his Realm. All these things ought the King in his own person to do, taking his Oath upon the Evangelists, and the blessed Relics of Saints; swearing in the presence of the whole State of his Realm (as well of the temporalty as of the spiritualty) before he be Crowned of the Archbishops and Bishops. Three servants the King ought to have under him as Vassals, fleshly lust, avarice, and greedy desire, whom if be keep under as his servants and slaves, he shall Reign well and honourably in his kingdom. He must do all things with good advisement and pre •• e ditation: and that properly belongeth to a King: for hasty rashness bringeth all things to 〈◊〉 ; according to the saying of the Gospel; Every kingdom divided in it self shall be brought to dissolution. Master Fox informs us, that William the Conqueror through the people's clamour promised to confirm this King Edwards Laws, but the most part of them be omitted, contrary to his Oath at his Coronation. Indeed, I find not in William of Ma •• esbury, Henry Huntingdon, Matthew Paris, or Westminster, that William the Conqueror took this Oath at his Coronation; but only, that he was received by the Clergy and people at London in great triumph, & AB OMNIBUS REX ACCLAMATUS, and proclaimed King by them all, and then Crowned: but Roger de Howden, and Daniel out of him, are express in point; that according to the accustomed form, the Bishops and Barons of the Realm took their Oaths, to be his true and loyal Subjects; and he reciprocally, being required thereunto by Aldred, Arch-bishop of York, who Crowned him, made his personal Oath before the Altar of the Apostle Saint Peter, in the presence of the Clergy and People; That he would defend the holy Churches of God, and the Rectors of the same: Likewise that he would govern all the people Subject to him justly, and with royal providence: RECTAM LEGEM STATUERE ET TENERE, (which refers to future Laws) that he would establish and observe RIGHTEOUS LAWES; and that he would utterly prohibit rapines, and unjust judgments. Nor did he claim any power by Conquest, but as a regular Prince submitted himself to the Orders of the kingdom; desirous to have his Testamentary title (howsoever weak) to make good his Succession, rather than his Sword; the flattery of the time only giving him the Title of Conqueror afterwards; but himself not claiming it. But William soon after forgetting this his solemn Oath, did (as Speed with others write) abrogate for the most part, the ancient Laws of the Land, and introduce new hard Laws of his own, written in the Norman tongue, which the people understood not, and the Judges wrested at their pleasures, to the forfeiture of Goods, Lands, Life. Hereupon the Nobility and Natives, seeking to cast off these snares and fetters of his Laws, set up Edgar Atheling for their King and General once again, & fell into a new conspiracy, raising great forces, & resolving to make the sword their judge. The King hereupon by Lanfrankes advise, who as Rehoboams sages, gave him counsel, somewhat to bear with their abuses, rather than hazard the ruin of all in fight, appointed a meeting at Berkhamsteed, Anno 1172. Where the King entering parley with the English Nobility, did so far wind himself into their good opinions, that they all forthwith laid down their weapons. And he for his part fearing to lose the Crown with shame, which he had gotten with effusion of so much blood, gave his Oath upon the holy Evangelists, and the relics of Saint Albane the Martyr (the same being ministered to him by Abbot Frederick) swearing to observe, and inviolably to keep the ancient Laws of this Land, and most especially those compiled by King Edward the Confessor; though (as the event soon shown) he little meant to do as he promised. Peace thus established; this conference ended, and the Kings Oath received, the English Armies disband themselves, as dreaming they had now good fortune by the foot, and hoping the greatest storms of their dangers were past; which presently proved but a vain surmise. For King William having compounded with the Danes, began extremely to hate the English Nobles, and with full resolution of their destruction, suddenly set upon them apart, which he durst not attempt when they were united; so that slaying many, imprisoning others, and persecuting all of them with fire and sword, well was he that could be first gone. Such little faith, or assurance is there in the solemn Oaths and Protestations of Kings to their Subjects; which are seldom really performed, and intended only as snares to entrap them, if they confide and rely upon them without any better security.

After the death of William the Conqueror, William Rufus his younger son, in the absence of Robert the elder Brother, hastens into England, to obtain the Crown; and finding the greatest part of the Nobles against him; he gave his solemn Oath and faith to Lanfranke Arch-bishop of Canterbury his Tutor, that if they would make choice of him for their King, he would abrogate the over-hard Laws of his Father, and promise to observe justice, equity and mercy throughout the kingdom in every business, and defend the Peace and Liberty of the Church against all men; and ease them of all hard taxes. Upon which conditions, volentibus omnibus Provincialium animis, by the voluntary consent and voices of all, he was chosen and Crowned King. Which promise and Oath he soon after brake; saying, Who is it that can fulfill his promises? Whereupon many of the Nobles, levied war against him, adopting Robert his elder Brother King. William Rufus dying, Henry the first his younger Brother, in the life of Robert the right Heir assembling all the Clergy and people together to London, to procure their favor and love to choose him for their King and Patron, He promised the Reformation of those Laws, by which England had been oppressed in the Reignes of his Father and Brother. To which the Clergy and Nobles answered; That if he would with a willing mind reform those rigorous Laws, remit the Taxes imposed upon the Subjects, and by his Charter confirm those ancient Laws and Customs which flourished in the kingdom in the time of holy King Edward, they would unanimously consent to him, and consecrate him for their King. Which he willingly assenting to, and affirming with an Oath that he would perform; he was by the assent both of Clergy and people consecrated King at Westminster, promising by Oath, to confirm King Edwards Laws, and renounce all oppression; in pursuance whereof as soon as he was created, he by his Charter confirmed and reformed divers Laws for the ease and benefit of his Subjects, recorded at large by Matthew Paris, Speed, and others. The beginning of this Charter is observable. Henry by the Grace of God, of England, &c. Know ye, that by the mercy of God, and COMMON COUNSELL of the Barons of the Kingdom of England, I am Crowned King. And because the kingdom was oppressed with unjust exactions, I, out of respect to God, and the love I bear towards you all, make the Church of God free, &c. And all the evil customs wherewith the kingdom of England was unjustly oppressed, I take from thence, which evil customs I here in part set down. And in the end of his Charter, he confirmed and restored to them King Edwards Laws, with those amendments of them which his Father made by the consent of his Barons. After which, those Laws of his were published through all England, and Ranulph Bishop of Durham banished the Court and committed to the Tower, for his oppression, bribery, and other crimes. Henry deceasing Maude the Empresse his right Heir (to whom the Prelates and Nobles had sworn fealty in her Fathers life time) was put by the Crown by the Prelates and Barons; who thought it baseness for so many and great Peers to be subject to a woman, and that they were freed of their Oath by her marrying out of the Realm, without their consents, and Stephen Earl of Mortaine (who had no good Title) assembling the Bishops and Peers at London, promising to them an amendment of the Laws according to all their pleasures and liking, was by them all proclaimed King; whereupon they all took their Oaths of Allegiance to him, conditionally; to obey him as their King; so long as he should preserve the Churches Liberties, and keep all Covenants, and confirm them with his Charter; according to the old Proverb; Quamdiu habebis me pro Senatore, & ego te pro Imperatore. All this the King at his Coronation swore, and promised to God, the people, and Church to perform. And presently after going to Oxford, he (in pursuance of his Oath) there sealed his fore-promised Charter of many indulgent favors: the sum whereof was this.

That all Liberties, Customs, and Possessions granted to the Church, should be firm and in force; that all bad usages in the Land touching Forests, exactions, and annual Taxes which his Ancestors usually received, should be eternally abolished; the ancient Laws restored; prefacing therein, That he obtained the Crown BY ELECTION ONELY; Haec autem specialiter, & alia multa generaliter, se servaturum juravit; sed nihil horum quae Deo promiserat, observavit, write Matthew Paris, Howden, and Huntindon. Pene omnia perperam mutavit, quasi ad hoc tantum jurasset, ut praevaricatorem Sacramenti se regno toti ostenderet, saith Malmesbury. Granting those immunities rather to blind their eyes, than with any purpose to manacle his own hands with such parchment chains: Such faith is to be given to the solemnest Oaths of Kings. But this his perjury was like to cost him his Crown, his Prelates and Peers thereupon revolting unto Maude. The form of King Henry the second his Oath I find not; only I read that upon his Coronation he caused the Laws to be reformed, by advise of discreet men learned in the Law, and by his Proclamation commanded, that the good Laws of his Grand-father Henry should be observed and firmly kept throughout the Realm. Wherefore it is probable, he took the same Oath that he did. Richard the first, succeeding, at his Coronation in Westminster Church coming to the High Altar, before the Clergy and people took this solemn Oath upon the Holy Evangelists, and many Saints relics. 1. That all the days of his life he would be are peace, honor, and reverence to God, and holy Church, and the ordinances thereof. 2. That to the people committed to his charge, he would exercise Right, Justice and Equity. 3. That he would abolish naughty Laws and Customs if any were brought upon his kingdom; and would enact good Laws, and the same in good sort keep, and without Mal-engin. Which Oath most solemnly taken, Baldwin Arch-bishop of Canterbury, standing at the Altar, forbad him in the name of Almighty God, to assume that honor, UNLESSE HE HAD A FULL PURPOSE TO KEEPE WHAT HE HAD SWORNE; Whereunto Richard ASSENTING, and promising by God's help to perform all the premises WITHOUT FRAUD; With his own hand humbly taking the Imperial Crown from the Altar, delivered it to the Archbishop, who set it on his head. King Richard deceasing, John his younger Brother, to put by Arthur the next heir to the Crown, came speedily out of Normandy into England; where the great assembly at Northampton, to preserve their Rights and Liberties, were content to accept of him for their King, to yield fealty, and keep faith and Peace to King John upon condition only, if he would restore to every of them their Rights; which, he afterwards violating it, was the occasion of great dissensions. Comming to London to be Crowned, Hubert Archbishop of Canterbury, (the Pillar of the Common-wealths stability, and incomparable for deep reaching wisdom) steps forth in the midst of all the Bishops, Lord's, Barons, and others there assembled at his Coronation, and spake thus unto them. Hear ye all, you are in discretion to know, that no man hath right, or any other fore-title to succeed another in a kingdom unless first (with invocation for grace, and guidance of God's Spirit) he be BY THE BODY OF THE KINGDOME THEREUNTO CHOSEN, and be indeed some choice man, and picked out for some eminency of his virtues, according to the example and similitude of Saul the first anointed King, whom God set over his people, though neither the Son of a King nor of any royal descent. So after him likewise David the son of Jesse; the one for being valorous, and a person fitting Royal dignity, the other for being holy and humble minded. To show, that whosoever in a kingdom excelleth all in valor and virtue, ought to surmount all in Rule and Authority: yet so, as that, if any of the Of-spring of a deceased King surpasseth others, it is fit jointly to consent in election of such a one. This therefore we have spoken in favor of eminent Earl John, who is present, the Brother of our most illustrious King Richard now deceased, wanting an heir of his body; whom being provident, valiant, and truly noble, we having invocated the grace of the holy Spirit, have all unanimously ELECTED, as well in regard of his Merits, as of his royal Blood. Neither durst any doubt or demure on these things, knowing that the Arch-bishop had not thus defined without cause. Wherefore Earl John, and all men approving this speech, they ELECTED and ASSUMED the Earl for their King, and cried out saying, Let the King live. But the Arch-bishop being afterwards demanded, why he had spoken these things? answered, That he was assured by some divining foresight, that King John would work the ruin of the kingdom, corrupt the Crown, and precipitate it into great confusion. And that he might not have the reins free to do this, he OUGHT TO BE CHOSEN BY ELECTION, NOT BY SUCCESSION. King John at this his Coronation was involved in a threefold Oath: namely, That he should love holy Church and its Ministers, and preserve it harmless from the incursion of Malignants; That abolishing perverse Laws, he should substitute good ones, and exercise Right judgment in the kingdom of England. After which he was adjured by the Arch-bishop, in the behalf of God, and strictly prohibited, not to presume to accept this honor unless he fully purposed in his mind, actually to fulfill what he had sworn. To which he answering, promised that by God's assistance he would bona fide keep those things which he had sworn. After which he rightly settled the affairs of England by the counsel of his Nobles, and then passed over into Normandy. But how ill he kept this his Oath, with others of this nature; and how he violated the Statutes of Magna Charta and De Foresta, which he had confirmed with his hand, seal, Oath, Proclamations, the Bishops Excommunications, yea, the Popes Bull, within three months after he had confirmed them, and procured a dispensation of his Oath, an abrogation of these Laws from the Pope, making bloody wars upon his Barons and Subjects (who confiding to those confirmations and royal promises expected no such strange performances) spoiling, robbing, destroying his people everywhere, in the self-same manner as we now are plundered; the Histories of his life too manifestly relate; which oft put his Crown in danger of utter loss, Lewis of France being Crowned King by the Barons in his stead, who renounced their allegiance to him, for his perjuries and breach of faith and making war upon them. John departing this life, his son Henry being but 9. years old, was proclaimed King, through the persuasion of the Earl Marshall and of Pembroke (afterwards made his Protector,) who informed the Lord's and Commons, that though King John for his evil demeanors deserved their persecution and loss of his Cowne, yet his young child, tender in years, was pure and innocent from his Fathers doings. Wherefore since every man is to be charged with the burden of his own transgressions, neither shall the child (as Scriptures teach) bear the iniquity of his Fathers, they ought of duty and conscience, to bear themselves mildly towards this tender Prince, and take compassion of his age. And for as much as he was John's natural and eldest son, and ought to be their Sovereign, let us with one joint assistance APPOINT HIM our King and Governor, let us reneunce from us Lewys the French Kings Son, and suppress his people, which are a confusion and shame to our Nation, and the yokes of their Servitude let us cast from our shoulders. Upon which persuasion • Henry was presently proclaimed and Crowned King at Gloucester: And though he were but an infant, yet being set before the High Altar, he swore before the Clergy and people upon the Holy Evangelists and divers Saints Relics, Ioceline Bishop of Bath dictating the Oath; That he would bear honor, peace and reverence to God, to holy Church and Priests, all the days of his life. He likewise swore, that he would maintain right justice among the People committed to his charge; And that he would blot out ill Laws and unjust customs, if there should be any in the kingdom, and observe good ones, and cause them to be kept by all men: How well he observed this solemn Oath, with many others of like nature made to his Lord's and Subjects, for confirmation of Magna Charta, and their Liberties, Matthew Paris will inform us; who writes, That the King in all his Oaths and promises did so far transgress the bounds of truth, that the Prelates and Lord's knew not how to hold this Proteus, the King; for where there is no truth, there can be no fixed confidence: That though be sometimes humbled himself, confessing that he had been often bewitched by ill counsel, and promised with a great Oath solemnly taken upon the Altar and Coffin of Saint Edward, that he would plainly and fully correct his former Errors, and graciously condescend to his natural Subjects good counsel; yet his frequent preceding breaches of Oaths and promises, Se penitus incredibilem reddiderunt, made him altogether incredible, so that (though he usually heard three Masses every day, but seldom any Sermons (as Walsingham notes) yet none would afterwards believe him, but ever feared and suspected his words and actions, and to avoid the infamy of perjury, which he feared, he sent to the Pope to absolve him from his Oaths he repented of, who easily granted him an absolution. Such faith, such assurance is there in the Oaths, the Protestations of Princes to their Subjects; whose Politic capacities oft times have neither soul nor conscience, and seldom keep any Oaths or promises, no further than it stands with their own advantages, reputing only pious frauds, to over-reach and entrap their credulous people. This perfidiousness in the King, made his long Reign full of troubles, of bloody civil wars, and oft times endangered the very loss of his Crown and Kingdom, as our Historians inform us, for which he repented and promised amendment at his death.

Bracton an ancient Lawyer in this Kings days, writes. That the King in his Coronation OUGHT by an Oath taken in the name of Jesus Christ, to promise these three things to the people subject to him. First, that he will command and endeavor to his power, that true peace shall be kept to the Church and all Christian people in his time. Secondly, That he will prohibit rapines (or plunderings) and all iniquities, in all degrees. Thirdly, That in all judgments he will command equity and mercy, that so God who is gracious and merciful may bestow his mercy on him, and that by his justice all men may enjoy firm peace. For (saith he) a King is SACRED and ELECTED (to wit, by his Kingdom) for this end, to do justice unto all; for if there were no justice, peace would be easily exterminated, and it would be in vain to make Laws, and do justice unless there were one to defend the Laws, &c.

The form of the Kings Coronation & Oath ever since Edward the second hath been this, and is thus administered. The Metropolitan or Bishop that is to Crown the King, with a mean and distinct voice shall interrogate him, if he will confirm with an Oath the Laws and Customs granted to the people of England, by ancient, just, and devout Kings towards God, to the same people, and especially the Laws, and Customs, and Liberties granted by glorious King Edward to the Clergy and People. And IF HE SHALL PROMISE that he will assent to all these; Let the Metropolitan or Bishop expound to him, what things he shall swear, saying thus. Thou shalt keep to the Church of God, to the Clergy and people, peace entirely, and concord in God, according to thy power; The King shall answer, I will keep it. Thou shalt cause to be done in all thy judgments, equal and right justice, and discretion, in mercy and verity, according to thy power: He shall answer; I will do it. Thou grantest just Laws and Customs to be kept, and thou dost promise. that those Laws shall be protected and confirmed by thee to the honor of God, QUAS VULGUS ELEGERIT, which the people shall choose, according to thy power: He shall answer; I do grant and promise. And there may be added to the foresaid Interrogations, what other things shall be just. All things being pronounced, he shall with an Oath upon the Altar presently taken before all, confirm that he will observe all these things.

There hath been a late unhappy difference raised between the King and Parllament about the word ELEGERIT; the Parliament affirming the word to signify, shall choose; according to sundry written Rolls and Printed Copies in Latin and French; the King on the contrary arffiming, it should be hath chosen; But he that observes the words of these ancient Oaths: Populo tibi commisso rectam justiciam exercebis, malas leges & iniquas consuetudines, si aliquae fuerint in Regno tu • , delebis, & bonas observabis, all in the future tense: and the verbs, serva • is, Facies fieri, protegend • s, corroborandas in the former and same clauses of the Oath now used, all of them in the future, with the whole Scope, intent and purport of this part of the Oath, must necessarily grant, shall choose, to be the true reading; and that it refers to the confirmation of future Laws, to be afterwards made in Parliament, not to those only in being when the Oath was administered; else Kings should not be obliged by their Oaths, to keep any Laws made after their Coronations by their own assents, but only those their Predecessors assented to, not themselves, which were most absurd to affirm. But because I have largely debated this particular, and given you an account of our Kings Coronation Oaths from King Richard the seconds Reign downward, in my following Discourse, and debate of the Kings pretended Negative voice in passing Bills in Parliament, I shall proceed no further in this subject here.

From these several Oaths and Passages, the usual form of the Nobles proclaiming such and such Kings of England, the fore-cited Histories; the manner of our Kings Coronation thus expressed in the close Roll of 1 R. 2. n. 44. Afterwards the Archbishop of Canterbury having taken the corporal Oath of our Lord the King, to grant and keep, and with his Oath to confirm the Laws and customs granted to the people of the Kingdom of England, by ancient, just, and devout Kings of England, the progenitors of the said King, and especially the Laws, Customs and Freedomes granted to the Clergy and people of the said Kingdom, by the most glorious and holy King Edward, to keep to God and the holy Church of God, and to the Clergy and people, peace and concord in God entirely, according to his power, and to cause equal and right Justice to be done, and discretion in mercy and truth, and also to hold and keep the just Laws and customs of the Church; and to cause that by our said Lord the King they should be protected, and to the honor of God corroborated, which the PEOPLE SHOULD JUSTLY AND REASONABLY CHUSE to the power of the said Lord the King: the aforesaid Archbishop, going to the four sides of the said Scaffold, declared and related to all the people, how that our Lord the King had taken the said Oath, inquiring of THE SAME PEOPLE, IF THEY WOULD CONSENT TO HAVE HIM THEIR KING AND LIEGE LORD? Who with ONE ACCORD CONSENTED THERETO. Which Thomas of Walsingham who relates the whole form of this Kings Coronation thus describeth. Quibus completis, Archiepiscopus praecedente eo Marescallo Angliae Henrico Percy, convertit se ad omnes plagas Ecclesiae, INDICANS POPULO REGIUM JURAMENTUM & quaerens SI SE TALI PRINCIPI AC RECTORI SUBJICERE, & ejus jussionibus obtemperare VELLENT, ET RESONSUMESTA PLEBE resono clamore, QUOD LUBENTER SIBI PARERE VELLENT. Which custom both before and since hath been constantly in this Land observed at the Coronation of our Kings: from all these I say it is apparent: First, that Popish Parliaments, Peers, and Subjects, have deemed the Crown of England not merely successive and hereditary, though it hath usually gone by descent, but arbitrary and elective, when they saw cause, many of our Kings coming to the Crown without just hereditary Title, by the Kingdoms, Peers, and people free election only confirmed by subsequent Acts of Parliament, which was then reputed a sufficient Right and Title; by virtue whereof they then reigned and were obeyed as lawful Kings, and were then and yet so acknowledged to be; their right by Election of their Subjects (the footsteps whereof do yet continue in the solemn demanding of the people's consents at our Kings Inaugurations) being seldom or never adjudged an illegal usurpation in any Parliaments: whence the statute of 1 E. 4. c. 1. & 9 E. 4. f. 2, declares King Henry the 4. 5. and 6. to be successively Kings of England indeed, and not of right, yet not usurpers because they came in by Parliament. Only Richard the third, (who treacherously murdered Edward the 5. his Sovereign, and violently usurped his Crown, at first, before any Parliament gave it him, compelling the Lord's and Commons afterwards to Elect him King out of fear, after his slaughter in Bosworth field,) was declared an usurper by Act of Parliament 1 Hen. 7. c. 6. and so adjudged to be by 8 H. 7. f. 1. see 1 E. 4. c. 1 &c. 9 E. 4. f. 1, 2. and Henry the 7. had the Crown set upon his head in the field, by my Lord Stanly, as though (saith Grafton) he had been elected king by the voice of the people, as in ancient times past in divers Realms it hath been accustomed. Secondly, that those Kings who have enjoyed the Crown by succession, descent, or election, have still taken it upon the conditions and covenants contained in their Coronation Oaths; which if they refused to swear to the Peers and people, really and bona fide to perform, they were not then to be crowned or received as Kings, but adjured in the name of God to renounce this dignity. And though in point of Law, those who enjoy the Crown by Succession, be Kings, before their Coronations; yet it is still upon those subsequent Conditions both contained in their Coronation Oaths, which impose no new but only ratify the old conditions in separably annexed to the Crown by the Common Law, ever since Edward the Confessors days, and long before, as Father Littleton resolves, (the Office of a King being an Office of the greatest trust of any other, which the Common Law, binds the King well and lawfully to discharge, to do that which to such Office belongeth to do ) as the Oaths of all our Kings to their people; really to perform these Articles and Conditions, fully demonstrate. Thirdly, that these Oaths are not merely arbitrary or voluntary at the Kings pleasure, to take or refuse them if he will, but necessary and inevitable, by the Law, and constant usage of the Realm, yea of all Christian most Pagan Realms whatsoever, which prescribe like Oaths to their Kings. From a • l which I may firmly conclude, that the whole kingdom and Parliament are the Supreame Sovereign Authority, and Paramount the king, because they may lawfully, and d • e usually prescribe such conditions, terms, and rules of governing the people to him, and bind him thus by Oath, faithfully to perform the same, as long as he shall continue King; which Oath our Kings usually took, or at least faithfully promised to take to their Subjects in ancient times, before ever they did or would take an Oath of fealty, homage or Allegiance to them, as the premises evidence, & Claus. Rot. 1 R. 2. M. 44.

Tenthly, Our Parliaments and Kingdom anciently in times of popery, and Paganism have both challenged and exercised a Supreame power over the Crown of England it self, to transfer it from the right heir, and settle it on whom themselves thought meet to elect for their King; and likewise to call their Kings to an account for their mis-government, and breach of Oath to the prejudice of their people, so far as to article against them, and either by force of Arms, or a judicial sentence in Parliament, actually to depose them, and set up others in the Throne, as the fore-cited presidents, ( of Archigallo, Emerian, two ancient British Kings, of Edwin king of Mercia, and others deprived of all honor and kingly dignity, by the unanimous consent of their Subjects for their Tyranny, Oppression, Male-administration, vicious lives, and others elected and made kings in their places) evidence, which Acts of theirs they then reputed just and legal. I shall cite you only two presidents of this kind, which have mere relation to Parliaments. The first is that of King Edward the second, who being taken prisoner by his Queen, Son, Nobles, for his male-administration; the Queen, with her son by the advice of her Council, summoned an high Court of Parliament at Westminster in the Kings name, which began the 16 day of January, An. 1325. In which assembly it was declared, that this Realm could not continue without an head and governor, and therefore first, they agreed to draw into Articles the Mis-government of the king that was in prison, and all his evil doings, which he had done by evil and naughty Counsel. And when the said Articles were read and made known to all the Lord's, Nobles, and Commons of the Realm, they then consulted how the Realm should be governed from thenceforth. And after good deliberation, and consultation of the foresaid Articles of the Kings evil government, they concluded: THAT SUCH A MAN WAS NOT WORTHY TO BE A KING, NOR TO WE ARE A CROWNE ROYALL. And therefore they all agreed, that Edward his eldest son, who was there present, and was rightful heir, should be crowned King instead of his Father, SO THAT HE WOULD TAKE ABOUT HIM SAGE, TRUE, AND GOOD COUNCELL, and that from thenceforth the Realm might be better governed then before it had been. And it was also agreed, that the old king his father should be well and honestly kept as long as he lived, according to his estate. All these things concluded, they ELECTED his son Edward King in the great hall at Westminster, with the UNIVERSALL CONSENT OF THE PEOPLE THERE PRESENT; and the Archb. of Canterbury thereupon makes there a Sermon on this Text, Vox populi, vox Dei: exhorting the people, to invoke the king of kings for him they had then chosen. It was further ordered and agreed, that during the Parliament time, a solemn Message should be sent to the King to Kenelworth Castle, (where he was kept prisoner) to declare unto him not only the determination of the three estates concerning HIS DEPOSING FROM THE KINGDOME, but also to resign unto him IN THE NAME OF THE WHOLE REALME, all their homage that before time they had done him: and to do this message, there was certain select persons chosen by the Parliament, namely, the Bishops of Winchester, Hereford, and Lincoln, two Earls, two Abbots, four Barons, two Justices, three knights for every County, and for London, the Cinqueports, and other Cities and Burroughs, a certain chosen number, with the Speaker of the Parliament, whose name was Sir William Tr • ssell: who coming into the Kings presence told him, That the Common-weal had received so irr • concileable dislikes of his government, the particulars whereof had been opened in the Assembly at London, that it was resolved never to endure him as King any longer. That notwithstanding, those dislikes had not extended themselves so far, as for his sake to exclude his issue, but that with universal applause and joy, THE COMMON-WEALE HAD IN PARLIAMENT ELECTED HIS ELDEST SONNE, THE LORD EDWARD FOR KING. That it would be a very acceptable thing to God, willingly to give over an earthly kingdom for the common good and quiet of his Country, which they said could not otherwise be secured. That yet his honor should be no less after his resignation then before it was; only him the Commonwealth would never suffer toraigne any longer. They finally told him, That unless he did of himself renounce his Crown and Scepter, the people would neither endure him, nor any of his children as their Sovereign; but disclaiming all homage and fealty, would elect some other for king, who should not be of the blood. This message struck such a chilnesse into the King, that he fell groveling to the earth in a swoun; which the Earl of Leicester and Bishop of Winchester beholding, run unto him, and with much labor recovered the half dead King, setting him on his feet: who being come to himself, the Bishop of Hereford running over the former points, concludes, saying, as in the person of the Commonwealth, That the king must resign his Diadem to his eldest son; or, after the refusal, suffer THEM TO ELECT SUCH A PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND ABLE TO DEFEND THE KINGDOME. The dolorous King having heard this speech, brake forth into sighs and tears, & made at the last this answer, to this effect, That he knew, that for his many sins he was fallen into this calamity, and therefore had the less cause to take it grievously. That he much sorrowed for this, that the people of the kingdom were so exasperated against him, as that they should utterly abhor his any longer rule and sovereignty: and therefore he besought all that were there present, to forgive and spare him being so afflicted. That nevertheless it was greatly to his good pleasure and liking, (seeing it could none other be in his behal • e) that his eldest son was so gracious in their sight, and therefore he gave them thanks for choosing him their King. This being said, then was a proceeding to the short Ceremonies of his resignation, which principally con • isted in the surrender of his Diadem and Ensigns of Majesty to the use of his Son the new King. Thereupon Sir William Trussell the Speaker, ON THE BEHALFE OF THE WHOLE REALM, renounced all homage and allegiance to the said Edward of Carnarvan, late King, in these words following, I William Trussell, IN THE NAME OF ALL MEN OF THIS LAND OF ENGLAND, AND OF ALL THE PARLIAMENT PROCURATOR, resign to thee Edward the homage that was sometimes made unto thee, and from this time now forward I defy thee, AND DEPRIUE THEE OF ALL ROYALL POWER, I shall never be attendant to thee as King after this time. After which King Edward the third being solemnly crowned, proclaimed his peace to all his people in these words:

Edward by the grace of God, King of England, Lord of Ireland, and Duke of Aqui • ane, to N. N. our Sheriff of S. greeting: Because the Lord Edward our Father, late King of England, by THE COMMON COUNSELL AND ASSENT OF THE PRELATES, EARLS, BARONS, AND OTHER THE CHIEFE MEN AND WHOLE COMMONALTIE OF THE KINGDOM, did voluntarily remove himself from the government thereof; willing and granting that We, as his eldest Son and Heir, should take upon us the rule and regiment of the same: and we, with the counsel of the Prelates, Earls, and Barons aforesaid, yielding therein to our Fathers good pleasure and will, have taken upon Vs the Governanse of the said Kingdom, and as the manner is, have received the Fealties and Homages of the said Prelates and Peers. We therefore desirous that Our peace for the quiet and calm of Our people should be inviolably observed, do will and command you, that presently upon sight of these presents, you cause Our Peace to be proclaimed throughout your Bayli-wick, forbidding all and everyone on Our behalf, under pain and peril of disinheritance, and loss of life and limbs, not to presume to violate or infringe Our said Peace, but that everyone pursue or follow his Actions and Complaints without any manner of outrage, according to the Laws and Customs of Our Kingdom: for We are ready and always will be, to administer full right to all and singular complaints, as well of poor as rich, in Our Courts of Justice.

The second President is, that of King Richard the second, who being taken prisoner by Henry Duke of Lancaster, An. 1399. the Duke soon after, on the thirteenth of September called a Parliament in the Kings Name, wherein was declared, how unprofitable King Richard had been to the Realm during his reign, how he subverted the Laws, p • lled the people, ministered Justice to no man, but to such as pleased him. And to the intent the Commons might be persuaded, that he was an unjust and unprofitable Prince, and a Tyrant over his Subjects, and THEREFORE WORTHY TO BE DEPOSED; there were set forth certain Articles (to the number of 32. or 38. as some record) very heinous to the ears of many: some whereof I have formerly recited, and the residue you may read in Hall, Grafton, Haywood, Trussell, and others. After which Richard was charged with the foresaid Articles, there was an instrument made declaring his Answers, and how he consented willingly to be deposed; the Tenor of which instrument was as followeth.

Those Parliaments then and National Assemblies, which have thus disposed of the Crown and Kings themselves, and exercised such jurisdiction over them, must certainly be above them, and the highest Sovereign power. True it is, our Protestant P • eres, Commons and Parliaments, never challenged nor exercised such jurisdiction▪ and I presume they will not do it. However, it is neither honorable nor safe for Kings, and the most destructive policy their ill Counselors can suggest unto them, so far to oppress their Subjects, or exasperate their Parliaments, as to provoke them to use the extremity of their Sovereign power, and revive dead sleeping Presidents for their relief; The consideration whereof when they were fresh, made succeeding Kings more just and moderate in their governments, and reclaimed many vicious oppressing Princes, as Archigallo and others witness. We know what Solomon saith, Surely oppression maketh a wise man mad; and if Kings or their evil Instruments shall so far mad their Subjects and Parliaments (either by oppressions, rapines, misgovernment, destroying, making war upon them, or putting them out of their protections) as to make them cry out as they did against King John. Johannes factus est de Rege Tyrannus, imo de homine in bestialem prorumpens feritatem. Vae tibi Iohanni Regum ultime; Anglorum Principum abominatio, Nobilitatis Anglicanae confusio: Heu Anglia vastata, & amplius vastanda, &c. Whereupon presently ens • ed, a Nolumus hunc regnare. Tandemque decretum est, ut aliquem potentem in Regem eligerent, per quem possint ad possessiones pristinas revocari, eradextes quod nullus Iohanne peier, vel durior p • ssit dominari, & tale miserabile statuentes argumentum.

Cumque aliquandiu, quem eligerent haesitassent, demum in hoc pariter consenserunt, ut Ludovicum filium Philippi Regis Francorum sibi praeficerent, & ipsum in Regem Angliae sublimarent; Which they did, to King Johns, their own, and the whole Kingdoms great prejudice. We know what the ill advise of Rehoboams rough evil Counselors produced, 2 Chron. 10. And the King answered the people roughly after the advice of the young men, saying: My father made your yoke heavy, but I will add thereto; my father chastised you with whips, but I will chastise you with scorpions. And when all Israel saw, that the King would not hearken unto them, the people answered the King (though some say he came to the Crown by succession) saying, What portion have we in David? and we have none inheritance in the Son of Jesse; every man to your Tents O Israel: and now David, see to thine own house. So all Israel went to their Tents, and elected Jeroboam for their King, and fell away from the house of David to this day, being never after united to it, but continuing a distinct Kingdom from it. This gross impoliticke maxim of ambitious Princes, now so much cried up and prosecuted: Aut Caesar, aut Nullus, hath utterly unkinged, ruined hundreds of Kings and Emperors, with their families; and deprived them not only of their Crowns but lives, as it did Caesar himself, with many of his successors, whose tragical ends should deter all other Princes from their destructive, aspiring, tyrannous counsels, courses, maxims.

Wherefore the best policy Kings can use, to perpetutate their Thrones to them and their posterity, is to treat their subjects so, as may win their hearts and affections, and not to strain their pretended prerogatives beyond the bounds of Law; this being a most certain experimented rule which Aristotle (the Prince of politicians) gives; That there are two intestine causes most perilous and frequent of all others, by which a Kingdom is usually lost, and subverted. The first is, if the Nobles and people dissent from the King himself. The second, if Kings will reign tyrannically, and usurp a greater domination or prerogative, then the Laws of their Kingdoms give them, Then he adds, Verily a kingdom is preserved by contrary remedies, specially, by a moderate kind and temperate form of Government. For by how much the m • re moderate the King shall be, and contented with smaller and fewer prerogatives, by so much the more constant and longer-lasting shall his kingdom necess • rily be; For by this means it recedes farther from the domination of Tyrants, and it comes nearer to the equability of manners and humanity of life, and is less envied by His subjects, which he proves by the notable speech and example of King Theopompus. And indeed this is the principal policy which God himself hath prescribed a King, to prolong his days in his Kingdom, he and his children after him; to keep all the words of this Law, and those Statutes to do them, (that is, to govern himself and his subjects only by Law, not power) to do justice and judgment, avoid oppression, & not to lift up his heart above his brethren; as if they were his vassals and not men, not Christians of the same kind and quality as himself is. Wherefore I shall close up this with old Bractons resolution. Potestas itaque Regis, juris est, & non injuriae. Exercere igitur debet Rex potestatem Iuris sicut Dei vicarius & Minister in terra: quia illa potestas SOLIUS Dei est: potestas autem injuriae, Diaboli & non dei: cujus horum operum fecerit Rex, ejus Minister erit, cujus ope • a fecerit. Igitur dum facit justitiam, vicarius est Regis aeterni, minister autem Diaboli dum declinat ad injuriam. Dicitur enim Rex à been regendo, non à regnando: quia Rex est dum been regit. Tyrannus dum populum sibi creditum violenta opprimit dominatione. Temperet igitur potentiam suam per legem, quae fraenum est potentiae, quod secundum leges vivat quia hoc sanxit Lex humana; quod leges suum ligent latorem; & alibi in eadem, Digna vox Majestate regnantis est, legibus alligatum se Principem profiteri. Item, nihil tam proprium est imperii quam legibus vivere: Et majus imperio est legibus submittere principatum; & merito debet retribuere legi, quia Lex tribuit ei; facit enim Lex quod ipse sit Rex. Item, cum non semper oporteat Regem esse armatum armis sed legibus, addiscat Rex sapientiam & conservet justitiam. (All which is notably seconded by Judge Fortescue, De Laudibus Legum Angliae, c. 9. t • . 15. worthy any Princes serious perusal:) And thus doing, neither he nor his Posterity need fear this Supreme prerogative power of Parliaments, which hath lain dead and buried for many ages; Et pereat positum rubigine telum.

11. All Papists attribute far more divine authority and Sovereign Jurisdiction over Emperors, Kings, Princes, Kingdoms, Subjects, to the Pope their Lord and God, whom they make the Supreame Monarch of the World and all kingdoms in it, and give him greater authority to summon, ratify, and dissolve general Councils, then ever any Christian King or Emperor, challenged or usurped: yet those who maintain these Paradoxes of the Popes Supremacy, confess that a General Council is above the Pope; and may upon just cause (though they all plead his Soveraignety to be jure divino, and his person most sacred, terming him his Holiness, in the abstract) not only convent and censure the Pope for his misdemean • urs, but likewise actually depose him, and set up another in his stead, as the Councils of Pisa, Constance, Basil, (which deposed four Popes, namely, Gregory the 12. Benedict the 13. John the 23. and Eugenius the fourth) the Council of Chalcedon against Pope Leo, the Council of Sinuessa against Pope Marcellinus; the sixth, seventh, and eighth general Councils against Honorius, the Councils of Wormes and Brixia against Hildebrand, the Council of Pisa, summoned An. 1511. of purpose to depose Pope Julius for his perjury, experimentally manifest, and sundry popish Writers acknowledge. Now the Council of Basil (as I shown before) defined, That the whole Kingdom or Parliament hath as great power over their Kings, as a Council hath over the Pope: Therefore by Papists verdicts they are above the King in point of Sovereign power, as a Council is above the Pope: which John Mariana, de Rege & Regis Instit. l. 1. c. 3. to 10. professedly proves at large.

12. That Court which may lawfully censure, question, depose, banish, execute the Kings greatest Favorites, Officers, Judges, yea Lord Protectors themselves, the highest Peers of the realm, (notwithstanding such are said to be God's, Ordained of God, God's, Ministers, To decree judgment by God, to be the higher powers, &c. in Scripture, as well as Kings;) and that not only with, but against the Kings good will; must questionless be the highest power and jurisdiction in the realm, else the Kings and their Authorities might protect them against its Justice. But the Parliament may lawfully censure, question, depose, banish, execute all or any of these, not only without, but against the Kings consent▪ witness the proceedings in Parliament against Willam Longchamp, Bishop of Eli, Chief Justitiar, Lord Chancellor, and Vice-roy of England, in Richard the first his reign, during his absence in the Holy Land,) from which offices he was by the Peers and Commons deposed for his misdemeanor, and oppressions. Pierce Gaveston and the two Hugh Spencers, in Edward the seconds reign, of banished by Parliament, and violently put to death, though the Kings highest Officers, and darling Minions. Michael De la pole, with other great Officers, and Favorites to King Richard the second, condemned, deprived of their Offices, banished and executed by the Peers in Parliament, together with Tre • ilian, Belknap, and their fellow Judges, who misadvised him in point of Law: Humphrey Duke of Gloucester, protector to king Henry the sixth, arrested of high Treason in a Parliament at Bury, and there murdered; Cardinal Wolsey, that powerful favourite to king Henry the eight, accused and put from his Chancellorship and other Offices by the Parliament; The Duke of Sommerset, Lord protector to King Edward the sixth, accused and attainted of high Treason in Parliament, for which he lost his head; the great Earl of Strafford Lord Deputy of Ireland, who lost his head this Parliament for Treason, full sore against his Majesty's and the Queens wills, with infinite others mentioned in our stories and records: Nay Queens themselves have undergone the censures of Parliament, (of which we have sundry precedents in king Henry the eight his reign) not only to divorce, but loss of their very heads; and shall any Delinquent then think to be protected by any power against the Parliaments justice now?

13. Not to menion the Parliaments power and jurisdiction even in reforming the excesses and abuses of the kings own meniall servants, and of the extraordinary train and expenses of the Kings own Court, and gifts; for which I find these following Presidents, with others; collected by Mr. William Noy himself, (as is reported) his Majesty's late Attorney General, An. 1634. in a Manuscript, entitled, A Declaration, &c. passing under his name.

Anno, 3 Ed. 3. the household was reformed by the petition of the people.

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

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

Anno 4 H 4. the people crave a reformation of the Kings house; & Anno 7. that he would dismiss some number of the retinue, since it was now more chargeable and less honorable then his progenitors; and that the ancient Ordinances of the household, in • ase of the people might be kept, and the Officers of the household sworn to put the Ordinances and Statutes in due execution; and to consider the griefs of his Subjects by unjust purveyance, contrary to the Statute, that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEOPLE. Which the King willingly doth, as appeareth by an Ordinance in Counsel whereby the charge of the household is limited to 16000. marks.

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

Anno 12 E 4. the King in Parliament promiseth to abate his household, and hereafter to live upon his own, so settling a new form of his Court, which is extant in many hands, and entitled, Ordinations for the Kings house.

Anno 3 E. 2. an Ordinance was made for the Kings household in ease of the Kings people oppressed with purveyance, by reason of the greatness thereof; and the motive of that Ordinance was, to the honor of God, and profit of holy Church, and to the honor and profit of the King, and the benefit of his people, according TO RIGHT AND REASON, AND THE OATH WHICH OUR LORD THE KING MADE AT THE BEGINNING of His Rain.

Thus R. 2. did discard the Bohemians, Anno 10. by an act of Parliament, at the people's petition surcharged by them.

Thus H. 4. did with the Gascoignes and Welsh in like sort, overburdening and impoverishing the King and Realm with perpetual suits, so that in Court as the Record saith, there were no men almost of substance, or valiant persons, as there ought to be, but rascals for the greater part.

Hence was it, that the wisdom of former times foreseeing the mischief the open hand of the Sovereign might bring the state into, made a Law 11 R 2. that whatsoever cometh to the King by judgment, escheat, forfeiture, wardship, or in any other ways, shall not be given away, and that the procurer of any such gift shall be punished.

This Law the Parliament continued 7 H. 4. until the King was out of debt, making frustrate the grants of these, and ordaining a penalty of double value to every mover or procurer of such grants.

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

And to keep the hand of H. 6. from wasteful giving, the Council induced him to convey to the Archbishop of Canterbury and others, all profits of wards, marriages, reliefes, escheats and forfeitures, to defray the charge of his house.

It is one of the greatest accusations in Parliament against the Duke of Sommerset for suffering the King to give away the possessions and profits of the Crown in manner of a spoil, for so are the words of the Record.

And it was the first and chiefest Article to depose R. 2. for wasting, and bestowing the Lands and the revenue of the Crown upon unworthy persons, and thereby overcharging the Commons with exactions.

Nor yet to mention the Parliaments Sovereign Power and Jurisdiction in making or proclaiming War or Peace, in which they have oft times not only advised, but overswayed the King; in creating the highest Officers, in ordering the Militia of the Kingdom by Sea and Land by settled Laws (of which more anon;) or in ordering the Coyne and Money of the Land, together with the Mint, or designing how the Subsidies and Aydes granted by them to the King, shall be disposed of to the Kingdoms use, of which there are sundry presidents. All which, together with the Acts concerning his Purveyance, Pardons, Charters, Grants, and all Revenues Royal, are strong (u) evidences of its Sovereign Authority. Nor yet to remember that in • allible Argument, to prove Kingdoms greater, and more valuable then Kings; that Kings as public servants to their Realms, ought to hazard their lives for their Kingdoms safety and preservation (as many have done in wars against enemies) but never ought the whole Kingdom to be lost or hazarded to preserve the Kings Prerogatives, that of John 11. 48, 49, 50. and chap. 1814. being an undoubtted rule in Divinity and Policy. That it is expedient that any one man, (though a King, yea Christ the King of Kings) should die for the people, that the whole Nation perish no • ; rather then the whole Nation die for him. Priorque mihi & potior ejus officii ratio es • , quod humano generi, quam quod uni hominum debe • , as Seneca de Benefic. l. 7. Gentilis de Iure Belli. l. 1. c. 16. resolve, from the light of nature and common reason. I shall only add this important consideration to illustrate this obscured truth. It can hardly seem probable, much less credible, that any free people whatsoever when they voluntarily at first incorporated themselves into a Kingdom, and set up an elective or hereditary King over them, would so absolutely resign up their Sovereign popular • riginall authority, power, and liberty to their Kings, their heirs, and successors forever, as to give them an absolute, irrevocable, uncontrollable Supremacy over them, superior to, irrestrainable, irresistable, or unalterable by their own primitive inherent National Soveraignety, out of which their regal power was derived. For this had been to make the Creator inferior to the Creature, the Parent subordinate to the Child, the Derivative greater then the Primitive, the Servant (for Princes are but their Kingdoms public Ministers) more potent then the Master; of Freemen, to have made themselves and their Posterity absolute slaves and vassals forever; and instead of a Principality, intended only for their greater safety and immunity; to have erected a Tyranny, to their perpetual irremediable Oppression and slavery: A most brutish, sottish, inconsiderate rash action, not once to be imagined of any people; quite contrary to the practice of the Lacedemonians, Romans, Germans, Aragonians, and most other Nations, who still reserved the Sovereign power to themselves, and never transferred it to their kings or Emperors, who were ever subject to their jurisdictions, and censures too, as I shall manifest at large in the Appendix: no absolute Monarchy being ever set up in the world but by direct Tyranny and Conquest, as Cassanaeus in his Catalogus Gloriae Mundi pars 5. Consid. 1. manifests at large, not by the people's free election and consents. And had our Ancestors or any other Nations, when they first erected Kings, and instituted Kingly government, been demanded these few questions: Whether they meant thereby to transfer all their National authority, power, and privileges so far over unto their Kings, their heirs, and successors forever, as not still to reserve the supremest power and jurisdiction to themselves, to direct, limit, restrain their Princes supremacy & the exorbitant abuses of it, when they should see just cause? or so as not to be able ever after to alter or diminish this form of government upon any occasion whatsoever? Or if their King should turn professed tyrants, endeavoring to deprive them (against all right and justice) of their Lives, Goods, Liberties, Religion, Laws▪ or make open wars upon them to destroy them, or bring in foreign enemies upon them, to conquer or subject them to a foreign power without their free consents, that yet they should patiently submit themselves to these their unnatural, tyrannical, destructive proceedings without any the least resistance of them by necessary defensive Arms, or calling thē to account for these gross irregularities? I make no question that they would have jointly answered (as I doubt not but our Parliaments, Kingdoms, and all other Nations, were they at this day to institute their preerected Principalities and Kings, would answer to) that they had never any imagination to erect such an absolute, eternal, unlimited, uncontrollable, irresistable Monarchy, and plain tyranny over them; and that they ever intended to reserve the absolute original Sovereign Jurisdiction in themselves, as their native hereditary privilege, which they never meant to divest themselves of: that so by means thereof, if their Princes should degenerate into Tyrants, they might have a just authority, power, and remedy residing in them, whereby to preserve themselves, the Nation Kingdom, from utter desolation, ruin, and vassalage. An impregnable evidence, that the whole Kingdom and Parliament representing it, are the most Sovereign power; and above the King himself, because having the supreme Jurisdiction in them at first, they never totally transferred it to our Kings, but reserved it in themselves, which is likewise further confirmed by that notable passage of Philocheus Archilacus in his Somnium Viridarii, c. 171. Royal power is instituted three manner of ways: First, by the will and pleasure of the people, because every people wanting a King of their own (not being subject to the Emperor, or some other King) MAY BY THE LAW OF NATIONS MAKE THEMSELUES A KING, 94. Dist. c. Legitima. If a Royal Principality be thus instituted, as it is in the proper pleasure and power of the people to ordain, that the King shall be either Successive of Elective; so it is in their pleasure to ordain, That Kings succeeding hereditarily shall enjoy their power due nnto them either immediately before any Coronation, or any other solemnity, or that they shall receive this power only by their Coronation or any other solemnity about him. Thereason whereof is, Because as everyone in the delivery of the gift of his own goods, may impose what covenant or condition he pleaseth, and every man is moderator and disposer of his own estate; so in the voluntary institution of a King and Royal Power IT IS LAWFULL FOR THE PEOPLE, SUBMITTING THEMSELUES, TO PRESCRIBE THE KING AND HIS SUCCESSORS WHAT LAW THEY PLEASE: so as it be not unreasonable and unjust, and directly against the rights of a Superior: Therefore lawful to reserve • he Sovereign Power in and to themselves, and not to transfer it wholly to their Kings.

14 There is one clear Demonstration yet remaining, to prove the supreme power of Parliaments above Kings themselves, which is this: That the Parliament is the highest Court and power, to which all Appeal • s are finally to be made from all other Courts and Judges whatsoever, yea from the Kings own personal resolution, in, or out of any other his Courts: and such a transcendent • ribunall from whence there is no appeal to any other Court or person, no not to the King himself, but only to another Parliament. If any erroneous Judgment be given in the Kings Bench, Exchequer-Chamber, Chancery, Court of Wards, or any other Court within the Realm, or in the Parliament in Ireland, it is finally to be reversed, or determined in Parliament by a Writ of Error, or upon a Petition or Bill: If any sentence be unjustly given in any Ecclesiastical Courts, or before the D • legates, the final Appeale for redress must be to the Parliament. Illegall sentences in the (now exploded extravagant) Courts of Star-Chamber, or High Commission; Injuries done by the King and his privy Council at the Council Table, are examinable and remediable in this high Court. Nay, if the King himself should sit in person in the Kings Bench, or any other Court (as sometimes our Kings have done) and there give any Judgment, it is not so obligatory or final, but that the party against whom Judgment is pronounced, may appeal to the Parliament for relief, (as Seneca epist. 100. out of Tully de Repub. & Fenestella, Hugo Grotius de jure Belli, l. 1. c. 4. s. 20. p. 65. record; that among the Romans in certain causes they might appeal from the King to the people.) But if the Parliament give any Judgment, There can be no appeal to any higher Tribunal, Court, or person, no not to the King, but only to the next or some other Parliament, as is evident by experience, by all Attainders of Trea • on, by or in Parliament, by all inconvenient and unjust Acts passed in Parliament, which concern either King or Subject; which cannot be reversed nor repealed, though erroneous, nor the right heir restored in blood by any Charter from the King, but only by an act of repeal or restitution in another Parliament. Now this is an infallible Maxim, both in the Common, Civil, and Canon Law, that The Court or person to whom the last appeal is to be made, is the Supreme • st power; as the Kings Bench is above the Common Pleas, the Exchequer Chamber above the Kings Bench, and the Parliament above them all, because a Writ of Error to reverse erroneous judgments given in the Common Pleas, lieth in the Kings Bench: Errors in the Kings Bench may be reversed in the Exchequer Chamber; and errors in all or either of them, may be redressed finally in Parliament, from whence there is no further appeal. Hence the Canonists conclude, a General Council above the Pope, the Pope above the Archbishop, the Archbishop above the Ordinary, because men may Appeale from the Ordinary to the Archbishop, from him to the Pope (but now with us to the Kings Delegates. ) If there be any difference between King or Subject, touching any inheritances, Privileges or Prerogatives belonging to the Crown it self, or any points of misgovernment; yea, which is more, if there be any suite, quarrel, or difference between our Kings in Act, and any other their Competitors, for the Crown it self, which of them hath best title to it, who of them shall enjoy it, and how, or in what manner it shall be settled, the Lord's and Commons in Parliament are and ought to be the sole and final • Judges of it.

Not to give you any instances of this kind between King and Subjects, which I have formerly touched; nor to relate how our King John condemned to death by a Parliament in France, by French Peers, for slaying his Nephew▪ Arthur treacherously with his own hands, and likewise to lose the crown of England: or bow Henry the third, K. Edward the first and other our Kings have Appealed to the Parliaments of France and England, upon differences between the Peers and Kings of France and them, concerning their Lands and Honors in France. Or how King Edward the third, and Philip of France submitted both their Titles to the Kingdom of France, to the determination in a French Parliament, where they were both personally present, which adjudged the Crown to Philip. Nor yet to mention how the Parliaments and general assembly of the estates of France have frequently disposed of the Crown of that Kingdom, determined the controversies of the right and titles pretended to it; and elected Protectors or Regents of the Realm during their Kings minorities, or distractions; of which I shall cite divers precedents in the Appendix, to which I shall refer you. Nor yet to trouble you with Spanish Precedents of this nature, where the several claims and titles of the pretenders to the Crowns have been oft referred to, debated in, and finally resolved by their Parliaments and general assemblies of the States, the proper Judges of such controversies, as Johannes Mariana, Euardus Nonius, and other Spanish writers determined; as Philip the second the 18. King of Portugal his title to that Crown and his competitors, together with the rights and claims of Alfonso the 1. 3. 5. John the 1. Immanuel and other Kings of Portugal, and their Corivals were solemnly debated and determined in the assembly of the States of that Realm, and of divers Kings and Queens of Aragon, Castile, Navarre: A pregnant argument, that their assemblies of States are the sovereign Tribunal, since they have power and right to determine and settle the descent, right and succession of the Crown between those who pretend titles thereunto: I shall confine myself to domestic precedents. Not to repeat the forementioned precedents, how the Lord's and commons when the Title to the Crown hath been in dispute have transferred it from the rightful Heirs to others; I shall give you some other pregnant evidences, where the Parliament hath finally determined the Title to the Crown, when it hath been in competition, and settled it in a legal manner to avoid debates (by way of Appeale to them by competitors, or reference from the Kings themselves) as the only proper Judges of such a superlative controversy. Not to mention any stories of our British Kings to this purpose, where the Kingdom, Lord's and Commons then, disposed of the Crown in cases of minority, want of Heirs, misgovernment, and controversies about the Title to the Crown.

Canutus after the death of King Edmund, Anno 1017. claiming the whole Realm against Edmunds Brethren and Sons, referred his Title upon the agreement made between Edmund and him for this purpose, to the Parliament, who resolved for Canutus Title, and thereupon took an Oath of fealty to him, Offering to defend his right with their swords against all others claims. After his decease, the Title to the Crown being controverted between Hardicanute the right Heir, and Harold his elder, but base Brother; it was referred to a Parliament at Oxford, who gave their voices to Harold, (there present) and presently proclaimed and consecrated him King; Anno 1036. After whose death, the States of England sent and adjudged the Crown to Hardicanute, then in Denmark. He dying, Edward the Confessor, by a general consent of the Nobles, Clergy, and People (who presently upon Harold • death, enacted by Parliament,) That none of the Danish blood should anymore Reign over them ) was elected King, and declared right Heir to the Crown, Anno 1126. King Henry the first having no issue male, but only one Daughter Maude, to succeed him, summoned a Parliament in the presence of himself and David King of Scotland, wherein the Crown was settled upon Maude after his decease, being of the ancient Royal English blood; whereupon Stephen, his Sisters Son, and all the Nobles presently swore fealty to her, As much as in them lay, after King Henries death (if he died without issue male) to establish her Queen of the Monarchy of great Britain. But Stephen after his decease, usurped the Crown against his Oath, By the unanimous consent and election of the Lord's and Commons: And after seventeen years civil wars, to the devastation of the Realm King Stephen and Henry the Son of Maude came to a Treaty at Wallingford, where by the advise of the Lord's, they made this accord; That Stephen if he would, should peaceably hold the kingdom during his life, and that Henry should be his adopted Son and Successor, enjoy the Crown as right Heir to it after his death; and that the King and all the Bishops and Nobles should swear, that Henry after the Kings death, if he survived him, should possess the Kingdom without any contradiction: Which done the civil wars ceased, and a blessed peace ensued: and then coming to Oxford, in a Parliament all the Nobles did fealty to Henry, who was made chief Justiciar of England, and determined all the affairs of the kingdom. In the 8. and 25. of E. 3. there was a doubt moved in Parliament, whether the children of the King, or others borne beyond the Seas within his Allegiance, should inherit lands in England? The King, to clear all doubts and ambiguities in this case, and to have the Law herein reduced to certainty; charged the Prelates, Earls, Barons, and other wise men of his Council assembled in Parliament in the 25. year of his Rain, to deliberate of this point; who with one assent resolved, That the Law of the Realm of England is, and always hath been such, that the children of the Kings of England in whatsoever parts they be borne, in England or elsewhere, be able and owe to bear inheritance after the death of their Ancestors: Which when they had declared, the King, Lord's and Commons by a special Act, did approve and affirm this Law forever, the only Act passed in that Parliament. And in a Parliament, 1 • . E. 3. this Kings eldest son was created Duke of Cornewall by Parliament, which then also entailed the Duchy of Cornewall upon the eldest sons 〈…〉 of England. So 21. R. 2. c. 9. the Principality of Chester 〈…〉 on the Prince by Act of Parliament.

King Henry the 〈…〉 the inheritance of the Crowns and 〈…〉 his posterity, caused them by a special 〈…〉 his reign, to be entailed and settled on 〈…〉 and Prince Henry his eldest son to be established▪ 〈…〉 heir apparent to him, and to succeed him in the said 〈◊〉 and Realms, to have them with their appurtenances after the Kings death, to him and the heir • of his body begotten; And if he should die without heir of his body begotten, 〈…〉 remain to the Lord Thomas, the Kings second son, with successive remainders to Lord John the third, and Lord Humphrey the Kings fourth son, and the heirs of their bodies begotten. After which Act passed (for the avoiding of all claims, titles, and ambiguities, to be made unto the Crown) he thought never by any of his Subjects to be molested or troubled: the rather, because in this Parliament it was first concluded; that deposed King Richard should continue in a large prison, and be plenteously served of all things necessary both for viande and apparel, and if any persons should presume to rear war or congregate a multitude to deliver him out of prison, that then he should be the first that should die for that seditious commotion: Which King Richard (as Sir John Bagot by his Bill exhibited to this Parliament averred) had divers times, at sundry Parliaments in his time holden, said; that he would have his intent and pleasure concerning his own matters, whatsoever betide of the residue; and if any withstood his will or mind, he would by one means or other bring him out of his life; And further said to him at Lichfield in the one and twentieth year of his reign, that he desired no longer for to live then to see his Lord's and Commons have him in as great awe and dread, as ever they had of any his Progenitors, so that it might be chronicled of him, that none passed him of honor and dignity, with condition that he were deposed, and put from his said dignity the next morrow after. So willful was he, as to prefer his will before his Crown or safety.

In the years 1440. and 1441. Richard Duke of York came into the Parliament House, and there, in a large Oration laid claim, and set forth his Title to the Crown of England, which King Henry the sixth had long enjoyed, desiring the Parliament to determine the right of the Title between them, both sides submitting to their resolution as the proper Judges of this weighty royal controversy: After long debate and consideration of the case among the Peers, Prelates, and Commons of the Realm, it was finally agreed and resolved by them: That in as much as Henry the sixth had been taken as King for 38. years and more, that he should enjoy the name and title of King, and have possession of the Realm during his natural life. And if he either died, or resigned, or FORFAITED THE SAME for breaking any part of this concord, then the said Crown & authority royal should immediately descend to the Duke of York ( King Edward the 4. his Father) if he then lived; or else to the next heir of his line. And that the said Duke from thenceforth should be Protector and Regent of the Kingdom. Provided always, that if the King did closely or apertly, study or go about to break or alter this agreement, or to compass or imagine the death of the said Duke or his blood; then he TO FORFEIT THE CROWNE: and the Duke TO TAKE IT: These Articles made by the Parliament between them, they both subscribed, sealed, and swore to, and then caused them to be enacted. Loe here we have these two Kings submitting their Titles to the Crown and Kingdom it self to the Resolution of both houses of Parliament, as the Sovereign Judge between them; who settled the Crown in this order, under pain of forfeiting it by King Henry, if he violated their Decree herein; and appointing a Lord Protector over the Kingdom in his full age, as Walsingham informs us, a Parliament constituted Duke Humphrey to be Protector of him and his Kingdom of England, and the Duke of Bedford to be Regent of France, during his minority; who exercised all regal power, by virtue of that authority which the Parliament derived to them. After this, in these two Kings reigns, the Crown and its descent were variously settled by Parliament (as I have formerly manifested) yet so, as that which one Parliament settled in this kind, continued firm till it was altered or reversed by another Parliament. King Richard the third coming to the Crown by usurpation, to strengthen his Title, procured the Lord's and Commons to pass an Act of Parliament, wherein they declare him to be their lawful King, both by election and succession, entaile the Crown upon him and the heirs of his body lawfully begotten, create his Son Edward, Prince of Wales, and declare him heir to succeed him in the royal Crown and dignity after his decease.

In which Act of Parliament (recited at large by Speed) there is this memorable passage: That the Court of Parliament is of such Authority, and the people of this land of such a nature and disposition, as experience teacheth; that manifestation or declaration of any Truth or Right made by the three Estates of this Realm Assembled in Parliament, and by the Authority of the same, makes before all other things most faith and certainty, and quieting of men's minds, removeth the occasion of all doubts, and seditious language: Henry the seventh afterwards slaying this usurping Richard at Boswell-field, to avoid all ambiguities and questions of his Title to the Crown, in his first Parliament procured the Lord's and Commons by a special Act, to settle the inheritance of the Crowns of England and France, on him and the heirs of his body lawfully begotten, perpetually by the grace of God, so to endure, and on none other, and all attainders and Acts against him, by Edward the fourth, and King Richard this Parliament annihilated. After him King Henry the eighth, to ratify his divorce from Queen Katherine, caused it to be confirmed, and his marriage with her to be utterly dissolved by Act of Parliament: and by sundry Acts, ratified his subsequent Marriages, and settled the descent of the Crown to his posterity, somewhat different from the course of the Common Law; which Statutes were afterwards altered and the descent of the Crown settled by other special Bills in Parliament, both in Queen Mary's, and Queen Elizabeth's Reignes, whose Titles to the Crown were settled, and in some sort created by the Parliament.

By the notable Sta. of 13. Eli. c. 1. worthy reading for this purpose, it is made no less then high Treason, to affirm; That the Queen, WITH, and BY THE AUTHORITY OF THE PARLIAMENT of England, is not able to make Laws and Statutes of sufficient force and validity to BINDE, LIMIT, RESTRAINE and govern all PERSONS, THEIR RIGHTS AND TITLES THAT IN ANY WISE may or might claim any interest or possibility IN OR TO THE CROWNE OF ENGLAND in POSSESSION, REMAINDER, INHERITANCE, SUCCESSION, or OTHERWISE HOWSOEVER; and all other persons whatsoever. King Edward the sixth, Queen Elizabeth, and other our Princes holding their Crowns by a Parliamentary Title, rather then by the course of the Common Law, which this Statute affirms the Parliament hath power to alter, even in case of descent of the Crown.

It is observable that the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 7. and 35 H. 8. c. 1. do not only Nulli • ie some of this Kings marriages, and ratify others of them, declaring some of his issues legitimate and hereditable to the Crown, others not, and appoint the Queen, if living, to be Protector of the infant King or Queen, that should inherit the Crown; or such of the Lord's as the King by his last will should design; But likewise prescribe strict Oaths for every Subject to take, to maintain the Succession of the Crown, as it is limited by those Acts, which Oaths for any to refuse, is made high Treason, or to write or speak anything against the succession of the Crown as it is therein limited: And withal they derive a plenary authority to the King (who thereupon acknowledgeth the great trust and confidence his loving Subjects had in him, in putting in his hands wholly the Order and Declaration of the Succession of this Realm) by his Letters Patents under his Seal, or his last will in writing signed with his hand, for lack of issue lawfully begotten of his body, to give, limit, assign, appoint or dispose the imperial Crown of the Realm, to what person or persons, and for such estate in the same, and under such conditions as it should please his Majesty. The Parliament therein promising by one common assent to accept, take, love, dread, and obey, as their Legal Governors, and Supreame heads, such person or persons only, as the King by authority of those Acts should give the Crown unto, and wholly to stick to them as true faithful Subjects. Provided, that if any of his Children or Heirs, afterward did usurp one upon the other in the Crown of this Realm, or claim, or challenge the said imperial Crown, otherwise, or in any other course, form, degree or condition, then the same should be given, disposed, or limited unto them, by the King, by virtue of those Acts. Or if any person or persons to whom it should please the King, by authority of those Acts to dispose the said Crown and Dignity of this Realm, or the Heirs of any of them, should at any time hereafter demand, challenge, or claim the Crown of this Realm, otherwise, or in any other course, form, degree or condition, then the same should be given, disposed, and limited unto them by the King, by virtue and authority of these Acts; That then all, and singular offenders, in any of the premises contrary to these Acts, and all their Abettors, Maintainers, Factours, Counselors, and Aiders therein, shall be deemed, and adjudged HIGH TRAYTORS TO THE REALME; and that every such offense shall be accepted, reputed, and taken TO BE HIGH TREASON, and the offenders therein, their aiders, &c. for every such offense shall suffer such judgment, pains of death, losses and forfeitures of Lands, Goods, and Privileges of sanctuary, as in any • ases of high Treason. And over, that as well THE KINGS SAID HEIRES AND CHILDREN, as EVERY SUCH PERSON & PERSONS TO WHOM THE CROWNE SHOULD BE LIMITED AS AFORESAID, and every of their Heirs, for every such offense above specified, by them to be committed, SHALL LOSE AND FORFEITE AS WELL ALL SUCH RIGHT, TITLE, AND INTEREST, THAT THEY MAY CLAIME OR CHALLENGE, IN OR TO THE CROWNE OF THIS REALME, AS HEIRES BY DESCENT, OR BY REASON OF ANY GIFT OR ACT DONE BY THE KING, for his or their advancement, by authority of those Acts, or by any manner of means or pretence whatsoever.

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

By all which Acts, (worthy reading and consideration) the Parliaments Supreame power of settling and disposing the descent and inheritance of the Crown, and giving Authority even to the King himself, to dispose of it upon condition, on pain of forfeiture as aforesaid (which the King alone had no power at all to do) will easily appear to the most malignant Spirits.

In the first Parliament of our late King James, the first Bill then passed, was an acknowledgement, and confirmation of his immediate, lawful, and undoubted succession and right to the Crown of England, as the next and only Heir of the blood Royal, to whom of right it descended; which Dolman the Priest, and some Jesuits opposed in Printed seditious Books. So the Articles of Qu. Mary's marriage with K. Philip, were appointed, and ratified by Parliament: And the Imperial Ecclesiastical Jurisdiction usurped by the Pope and Prelates, hath likewise by sundry Statutes been restored and united to the Crown, and the Title of Supreame head, and Supreame Governor in all causes, and over all persons, Spiritual, Ecclesiastical and Temporal, settled upon our Kings and Queens; Who during their minorities have had Guardians and Protectors, appointed to them by Parliament, to summon Parliaments, assent to Bills, and execute all Royal Jurisdiction in their names and steads. And as the Title and Right to the Crown of England, and the Jurisdiction thereof hath thus from time to time been decided and settled in and by our Parliaments, so hath the Title and jurisdiction of the Crown of Scotland, been frequently discussed and settled in our Parliaments, upon appeals made to them by the Kings of Scotland, and their Corrivals to that Crown; Witness the famous case and competition for that Crown long agitated and resolved in Parliament between the King of Norway, Bailiol, and Bruce, (to omit others) in the Reign of King Edward the first; And this King Edwards Title to the Crown of Scotland, declared and resolved by our Parliament here; All which are Recorded at large by Thomas Walsingham, and Matthew Westminster, in the life of King Edward the first, and in the Parliament Rolls, and Pleas of his Reign, with sundry other instances of this nature (frequent in our Historians) which for brevity I pretermit.

It is a clear case without dispute, that if the King should die without any Heir, the Crown would escheate to the whole Kingdom and Parliament, who might dispose of it in such a case, to what person they pleased, or quite change that form of Government, if they saw good cause; no particular kind of rule being so simply necessary by any divine Right or Law to any State or Kingdom, but that as it was at first instituted, so it may in such a case be changed by the whole Kingdoms general consent, upon sufficient grounds. This appears by the case of Charles the Grosse, who being deposed from the Empire and his Kingdoms, for a mad man, and dying without any Heir, the Kingdoms which before were subject to him, Destitute of a right Heir, began to fall in sunder on every side, and to choose Kings of themselves of another Family. France elected Charles, a child, surnamed Simple, for their King; and after his simplicity displeased them, they Crowned Otho Son of Robert Duke of Saxony in his place▪ At the same time the people of Italy meaning to have a King of 〈…〉 not agree on the matter, but some chose Beringarius, 〈…〉 Kings in Italy, both calling and bearing themselves as 〈◊〉 ; And the Germans elected Arnolph Duke of Bavaria for their Emperor. Thus Zeno the Emperor dying without any Heir that might succeed him, Anastasius a man of great reputation, yet of no Noble Family, was chosen his Successor, by the Senate and Legions. The like we read of divers other Emperors deceasing without Heir; of some of our Saxon and British Kings, before the Conquest; and of other in Castile, Aragon, & other Kingdoms, where the Crown hath been translated from one Family to another, by the Kingdoms consent for want of Heirs.

Duardus Nonius Leo, a learned Portugal Lawyer, informs us; That Ferdinand King of Portugal, dying without any lawful Heir, lineal or collateral, as they believed; the Estate of that Kingdom assembling at Coimbre, elected John a bastard for their King upon this very ground, (specified in their decree of his Election) That King Ferdinand died without any lawful issue or kindred; UNDE JURE GENTIUM, Whence BY THE LAW OF NATIONS, they affirmed it to BE LAWFULL FOR THE PEOPLE TO CHUSE A KING OR GOVERNOUR, WHOM THEY PLEASED. Believing therefore, that they had returned to that state WHEREIN BY THE LAW OF ALL NATIONS THEY MIGHT CREATE THEM A KING, namely the kingdom being void without an Heir; They said they might lawfully elect John, a most valiant man, and one who best deserved of the Common-weal to be their King, he being begotten of the stock of the Kings of Portugal. Thus this whole Parliament at Coimbre; and this Lawyer there, and elsewhere affirms; THAT BY THE LAW OF ALL NATIONS, if the King in an Hereditary Kingdom die without Heir, THE PEOPLE MAY LAWFULLY ELECT WHOM THEY PLEASE FOR THEIR KING; as they do in all elective Realms: Which Johannes Mariana, de Rege & Regis Instit. l. 1. c. 3, 4. doth likewise aver: The reason is, Because the whole kingdom and people are the original supreme Sovereign power, by whose common consent and Authority all lawful Kings, kingdoms, and Royalties were at first created and instituted, and from whom they derived all their regal Jurisdiction: And therefore as all Mesnalties, Tenancies, and Fees, by the deaths of their Tenants without heir, return by way of Escheate to those Lord's and Sergniories, by whom they were original • y created; and all politique Corporation Lands, (as Abbeys, Prioies, Bishoprics, Hospitals, and the like,) by the dissolution of those Corporations by death or otherwise, return to the first founders of them; (as all Rivers run into the Sea, out of which they primitively issue: ) So all successive kingdoms by the self same reason, upon the Kings decease without any lawful heirs to inherit or succeed them, must by all Law, right, equity, revert to the dispose and dominion of all the People of the Realm, or to the representative Body thereof the Parliament as to the Supreame Lord's and Founders of it; from and of whom the King himself doth hold the Crown, (if I may so speak) by those regal duties and services expressed in general in his Coronation Oath, which he takes to all his people; ) and if he die his Heir to the Crown being within age, the Parliament and kingdom as the Sovereign Lord and power may and usually doth appoint a Guardian and Lord Protector over him (as I have elsewhere proved) till his maturity, to discharge his regal Trust and duty to his people in his name and stead. Hence Hugo Grotius in his Book de Iu • e Belli & Pacis, r. 2. c. 9. sect. 8, 9, 10, 11. concludes: That if an elective King die, or 〈◊〉 King decease without any known heir to succeed him, the Empire or Sovereignty 〈…〉 in the King as Head, returns unto, and remains in the people as in the entire body, which continues the same it was before: And therefore in such cases they may either create a new King if they please, as in elective kingdoms, or divide the kingdom into parts, and erect a new Empire, as the Romans, Germans and Persians did; or change the Government; the people in this case being Sui juris, having the rains of Government in their own hands, as at first before they erected an hereditary Monarchy, to order and dispose of the government as they shall think meet: it being a thing which in its own nature is not capable of an Occupancy, nor seisible by any, unless the people will voluntartly desert their own liberty, none having authority to usurp a regency over them in such a case, but by their free assents. Upon which ground he holds with Cynus, and Raynorius, That if the Roman Emperor (or any other King by like reason) be sick, or taken prisoner, so as he cannot administer the government, the people of Rome may create and appoint him a Vice-roy to govern them; the power of the Emperor, and the most absolute Monarch, being only a power of Administration for the people's good and service, not of dominion for his own profit; of which none but the people can dispose; as Abberius Gentilis proves at large.

Yea, Bishop Bilson himself (though a great Royalist,) positively affirms; That if a King, or right Heir to any Crown be borne, or becomes a natural Fool, or stark mad, or run besides himself, so that he is not able to govern himself, much less his Realm; in these two cases, ANY REALME BY PUBLICKE CONSENT and ADVICE MAY CHUSE ANOTHER KING: (for what should he do with a Royal Office, or by what divine or human right can he enjoy a Crown, who is utterly unable to manage it?) Upon this ground King Childerick was deposed by his French and German Subjects general consents, because he was a fool, a Sot, a Beast, unable to govern his Kingdom, and Pepin of another race, elected and crowned King in his stead; which act by Pope Zacharias' resolution, was adjudged both just and lawful, even in point of conscience, before it was put in execution. So Charles the third, the last Emperor of Pepins race, was deposed from the Empire, by the Princes, Dukes, and Governors of the Provinces of Germany and France, for that he became foolish and unfit to govern, being bereaved of his senses; and by common consent, Arnolph was elected Emperor in his stead; Thus Justinus the second falling into a frenzy and madness, so that he had no sense nor understanding of anything that was done, was removed, and Tiberius placed in the Empire; at his Coronation, Justinus used this notable speech; Let not the glory of these Imperial robes, lead thee into error, neither be thou deceived with the glorious show of such things as are subject unto the senses, wherewith I myself now (alas) beig snared, have brought myself foolishly into grievous torments. Wherefore in governing the Empire with great moderation and mildness of spirit, redress what is amiss, and correct what I have lewdly committed. And pointing at his ill Counselors with his finger, he said; Thou must in no wise be ruled by these men, for these be those which brought me into this lamentable plight, and the misery thou seest me in. A memorable strange speech of a distracted Prince. And thus the Emperor Wenceslaus, was likewise deposed by the Princes electors of the Empire, For besotting himself so with pleasures, &c. as that he became altogether unfit for the government, and a man unprofitable for the Empire and Christian Common-wealth; and Rupert Count Palatine of Rhine, and Duke of Bavaria, was elected Emperor in his stead. The like (no doubt) might be lawfully done here in England, by the whole Kingdom and Parliament, if any such cases of incurable folly or frenzy should befall any of our Kings, who might then either create a Lord Protector to govern both King or Kingdom, during such disabilities of Government in the King (as Childricke for a time, before his deposition, was governed and overruled in all things by the Marshall of the Palace) or else Crown the next Heir King, if he be capable to Govern. Yea, in the time of our Saxon Kings, when the right Heir was an Infant, unable to govern, the Crown usually descended to the next Heir of full age: Hence Wibba King of Mercia deceasing▪ Penda his son being an Infant, the Crown descended to his Nephew C • orl of full age, after whose death Penda being of ripe age inherited the Kingdom. So King Wulfcher deceasing, leaving his son Kenred within age, his Brother Æthelred succeeded him; who resigning his Crown and turning Monk after he had Reigned 30. years, Kenred then of full age enjoyed the Crown. So Ethelfred King of Northumberland dying, Edelwald his Brother entered the Government and Reigned, Aldulfe, Ethelherds son, being then a minor, who enjoyed not the Crown till after Edelwalds death. So Casse • elan succeeded Lud his Brother in the Kingdom of Britain, Luds sons being too young and insufficient to Reign: The like was very usual in Scotland, of which there are divers presidents in Grafton, Hector Boetius, and Buchanan, which I pretermit. All which particulars laid together, are a most clear unanswerable demonstration, that the Soveraignest power and Jurisdiction of all others, resides in the whole Kingdom and Parliament, not in the King himself, since they may thus dispose of the very Crown itself, and are the sole and only supreme Judges to determine all controversies. all titles which concern it; The King alone having no power to transfer it to any other without the Lord's and Commons free consents, as was resolved in the case of King John, who resigned and granted his Crown to the Pope, without the Kingdoms consent; and therefore the resignation and grant were adjudged void not only by the French King and his Lord's, but by our own Parliament, as you may read in 40. Ed. 3. Nu. 8. and in Doctor Crakenthorpe, Of the Popes temporal Monarchy, Cap. 2. p. 251. to 255. I shall conclude this point with the words of this memorable Record; The Prelates, Dukes, Counts, and Barons, being in the white Chamber, and the Commons in the Painted Chamber, it was shown unto them by the Chancellor, how they had understood the cause of the Summons of Parliament in general; but the will of the King was, that the causes should be shown unto them in special, telling them how the King had understood that the Pope by virtue of a Deed, which he said that King John had made to the Pope to do him homage for the Kingdom of England and the land of Ireland, and that by reason of the said homage that he ought to pay him every year perpetually one thousand Marks; and that he purposeth to make out Processe against the King and his Realm, for the said Service and Rent, concerning which the King prayed the advice and counsel of the Prelates, Dukes, Earls, and Barons: and what he should do in case the Pope would proceed against him for this cause, or against the said Realm: And the Prelates prayed the King that they might thereupon advise alone by themselves, and return their answer the next morning: which Prelates by themselves the next morning, and after the said Dukes, Earls, Barons, and great men, answered and said; That the said King John, NOR NO OTHER, MIGHT PUT HIMSELF, NOR HIS REALM, NOR HIS PEOPLE IN SUCH SUBJECTION, WITHOUT THE ASSENT AND ACCORD OF THEM: And the Commons being advised and consulted with thereupon, answered in the same manner. Whereupon it was ordained and assented BY COMMON CONSENT in manner following; In this present Parliament held at Westminster, the Monday next after the Invention of holy Cross, in the year of the reign of King Edward, the 40. as well to maintain the estates of holy Church, as the rights of his Realm and his Crown, it hath been shown amongst other things; how it hath been reported and said, that the Pope by virtue of a Deed which he said that the said John, late King of England, had made to the Pope in perpetuity, to do him homage for the realm of England and land of Ireland, and by reason of the said homage to render to him an Annual rent, and hath purposed to make Processe against the King for to recover the said Services and rent; The which thing being shown to the Prelates, Dukes, Earls, Barons, and the Commons, to have their advice and counsel thereupon, and to demand of them, what the King should do in case that the Pope should proceed or attempt anything against him or his Realm for this cause: Which Prelates, Dukes, Earls, Barons, and Commons having taken full deliberation thereupon, answered and said, OF ONE ACCORD; That the said King John, NOR NO OTHER MIGHT PUT THEMSELVES, NOR HIS REALM NOR HIS PEOPLE IN SUCH SUBJECTION WITHOUT THEIR ASSENT. And as it appears by many evidences, that if it were done, it was done WITHOUT THEIR ASSENT, AND AGAINST HIS OATH IN HIS CORONATION. And moreover that the Dukes, Earls, Barons, great men, and Commons accorded and granted, That in case the Pope would endeavor or attempt any thing by Processe or any other act, to constrain the King or his Subjects to perform what is said he will claim in this behalf; That THEY WILL RESIST AND OPPOSE HIM WITH ALL THEIR MIGHT. And before this in the great Council of Lions, the Proxies and Procurator of the Church and realm of England, in the name of the whole Realm, complained and protested against this grant of King John as a mere Nullity, BECAUSE IT WAS MADE WITHOUT THE CONSENT OF THE REALM AND LORD'S, which neither did, do, nor ever after would consent thereto, as I have elsewhere proved: This being the common received opinion of all Civilians and Statists, That no King or Emperor can alien, or engage all or any part of his Kingdom to another without his Subjects general consents, and that such an alienation or Morgage is merely void in Law to all intents, as Albert. Gent. De jure Belli, l. 3. r. 15. and Hugo Grotius proves at large, De jure Belli & Pacis, l. 2. c. 6. 7. & lib. 1. cap. 4. sect. 10. where he affirms, That a King who aliens and would actually deliver up possession of all or any part of his Realm to another foreign power without the people's consents, may lawfully be resisted with force of Arms by his Subjects; concluding with this Sentence out of Seneca, with which I shall close up this Discourse; Et si parendum in omnibus Patri (natural or political) IN EO NON PARENDUM QUO EFFICITUR NE PATER SIT.

This point I have thus copiously debated, not out of any the least intention to derogate from his Majesty's just Supremacy and Prerogatives royal, which I have oft solemnly sworn to maintain to the utmost of my power, and shall (God willing) perform; but out of a serious desire to rectify the general mistakes of men, touching a pretended Prerogative, which their fantasies only (not the Law) have unduly attributed unto Kings: and to vindicate the just Liberties, Privileges, and Prerogatives of Parliaments (so much decried, declaimed against of late by a company of ignorant Papists, Malignants, Royalists, who know not what the jurisdiction of Parliaments is) according to the Protestation, the clearing of which points (in my weak apprehension) is the only high and ready way to compose our present differences, to settle all our distractions, which the ignorance, the mistakes of the Kings and Parliaments just Prerogatives and Powers, (next to the treacherous malice of Papists) have principally raised among us, almost to the ruin of the Kingdom. For my part, I profess sincerely, I love and honor both King and Parliament alike, and in the controversies now between them concerning their Jurisdictions, stand as a man indifferent to do right to both, without prejudice to either; and the King being the Principal Member of the Parliament, the elevating of its now disdained Power to its due altitude, can be no depression, but advancement of the Kings Prerogative, which shines most perspicuously in Parliaments, whiles King and Parliament are united, and is most eclipsed only when they are divided, as the precedents in all ages manifest. And this I dare confidently aver, That there are no such enemies to the Kings Prerogative, as those who advancing it beyond due bounds, do necessarily draw it into dispute, in which it commonly comes off with loss and diminution in the end, as in the late cases of Loanes, Ship-money, and the like. It was a notable true Speech of our King Henry the 8. in the 34. year of his reign in the case of one George Ferrers, a member of the Commons house, arrested contrary to their Privilege, of which the King being informed, used these words among other to the Speaker and House of Commons, We are informed by our Judges, That we at no time stand so highly in our estate Royal, as in the time of Parliament; wherein we as Head, and you as Members, are knit together into one Body politick; so as whatsoever offense and injury (during that time) is offered to the meanest of the House, is to be judged, as done against Our Person, and the whole Court of Parliament; which Prerogative of the Court is so great, as all Acts and Processes coming our of Inferior Courts, must for the time cease, and give place to the highest; which being so, My Vindication of the Parliaments Sovereign Power and Right, can be no impeachment, nor diminution of the Kings just Authority, though many Sycophants and Malignants falsely repute it so.

If any here object against the premises, That the King is the only Supreme Governor of this Realm, That Bracton, Fleta, and our Law Books resolve: That the King hath no Peer in His Kingdom, for so He should lose His Empire, since Peers (or Equals) have no command over one another; much more then ought He not to have a Superior, or mightier, for so He should be Inferior to those who are subject to Him; and inferiors cannot be equal to Superiors. The King ought not to be under man, but under God and the Law. If then Just • ce be demanded of Him by way of Petition, (because no W • it runs against Him (though anciently some Writs did) if He do not justice, this punishment may be sufficient to Him, that He may expect God will revenge it. Nemo quidem de factis suis praesumat disputare, multo fortius contra factum suum venire, &c. Therefore the King is above the Parliament, and whole Kingdom, not they above Him.

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

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

Thirdly, Even in Parliament itself, the King is the Supreme Member, and in that regard the Parliament in most public Acts, in all their Petitions or Addresses, usual stiles him, Their Sovereign Lord: Besides, The Parliament itself is ever summoned, dissolved by his Writ, in his name, by his Authority: And in passing all Acts and Bills of Grace, or such as are not simply necessary for the public safety and utility of his people, He hath an absolute negative voice, and his Royal assent is in some sense simply necessary for the passing of all ordinary lasting binding Laws: In which respects he is, and may be truly said in some sense, To be above the Parliament itself, and the only Supreme Governor; but yet in the forenamed regards, the Parliament really is, and may be justly averred to be Paramount him, and the Supremest Sovereign Power, though not Governor.

Fourthly, The Oath of Supremacy, That the King is the only Supreme Governor, relates only, and at least principally to the Popes foreign Princes Authorities, formerly usurped in this Realm, as the Title, Words, scope of the Statute of 1 Eliz. cap. 1. and the very next words in the Oath itself undeniably manifest, ( And that NO FORRAIGN Power, Person, Prelate, State or Potentate hath or ought to have any Jurisdiction, Power, SUPERIORITY, PREHEMINENCE, or Authority, Ecclesiastical or Spiritual within this Realm; and therefore I do utterly renounce and forsake ALL FORRAIGN Jurisdictions, &c. ) Therefore it refers not at all to Parliaments, or their Jurisdiction, Power, Superiority, Preeminence, or Authority; not so much as once thought of by the prescribers of this Oath, which had its creation and Authority from the Parliament, and made some addition to the Kings Prerogative.

Fifthly, Bodin with others (as I shall hereafter manifest) assure us, That the Sovereign Power, and Jurisdiction both in the Roman and German Empires, and in most forr • ign Christian Kingdoms, was, and yet is, in the Senate, People, Parliaments, States, Dyets; yet this is no empeachment at all to their royal Supremacies, or Titles of Supreme Heads, and Governors, Within their own Dominions, no more then the asserting of general Councils to be above Popes themselves, by the learnedst Papists, is any derogation (as they hold it is not now) to the Popes most absolute pretended Sovereignty above all Emperors, Kings, Princes, Prelates, Subjects, and the world it self, of which they affirm him sole Monarch: Therefore by the self-same reason, this asserting of the whole Kingdoms, and Parliaments power to be above the Kings, is no diminution at all, much less a denial of his Supremacy, and just Prerogative Royal.

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

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

Yea, The Parliament being the highest Power, the King Himself ought to submit thereto, and to be ruled and advised thereby. This conclusion (though it may seem a Paradox to most men) is an undubitable verity both in point of Divinity and Policy, as is most apparent, by the 1 Sam. 14. 38. to 46. and c. 29, 1, to 11. 2. Sam. 18. 2, 3, 4. c. 19. 1. to 9. 1 K. 12. 1. to 25. 2. K. 20. 7, 8, 9. 1 Chr. 13. 1. to 6. 2 Chr. 10. & 11. c. 30. 2, 3, 5, 23. c. 32. 3. Esth. 1. 13. to 22. c. 9. 23. to 23. Ier • . 38. 4. to 28. Dan. 6. 4. to 20 Jonah 3. 7. Ezra 10. 3. 8. Eccles. 4. 13. Prov. 11. 14. c. 15. 22. c. 25. 5. compared together, and with Josh. 20. 11. to 34. Judge. 20. 1. to 20. (where we find the Princes, and people always overruling their Kings, who submitted their judgment wholly to them, not the Kings overruling their Princes and people; ) who as Josephus records, Antiqu. Iudaeorum, l. 4. c. 18. Ought to do nothing besides, against, or without the sentence of the Senate, or Congregation; Whence King Zedekiah said unto his Princes, Jere. 38. 4, 5. The King is not he that can do anything against you: And in point of Law and Conscience, even in our own Kings and Kingdom, as is clear by 20 E. 3. the Preface, and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors, 38 E. 3. Stat. 2. c. 1, 2, 3. 3 E. 1. c. 17. and 48, with other Statutes which I shall hereafter cite at large, in answer to the fourth Objection, concerning the Kings negative voice; which Texts and Statutes those who will, may peruse at leisure for their better satisfaction. And in Paul's time, the highest Powers in Rome, were not the Roman Emperors, as ignorant Doctors make the unlearned world believe, but the Roman Senate, who had full power, not only to elect and command, but censure, and depose their Emperors, and adjudge them unto death, as John Bodin acknowledgeth, and I shall hereafter abundantly manifest in the Appendix.

Secondly, That the Parliaments resisting of the Kings personal Commands (especially such as are illegal and destructive to the Kingdom) or any private Subjects resisting them by virtue of a public Ordinance or Countermand from the Parliament, is no resisting of the higher Power, against Paul's injunction, Rom. 13. 1. to 7. as Doctor Ferne, and other illiterated Doctors vainly fancy, but a direct submission and obedience to the highest Powers (the Parliament;) and those who resist the Parliaments Ordinances and Commands (especially such as tend to the preservation of Religion, Laws, Liberties▪ Privileges of Parliament, and the Kingdom, or bringing Delinquents to condign punishment) though they do it by virtue of any extrajudiciall countermand from the King or His ill Counselors, do both in point of Law, Divinity, Conscience, resist the higher Powers, because they resist the Parliament (which is in truth, the highest Power, as I have manifested, not the King:) and so shall receive damnation to themselves for it, either here, or hereafter, if they repent not; which I seriously desire all those Delinquents, Papists, Malignants, ill Counselors, and Cavaliers, to consider, who contrary to several Orders, and Declarations of Parliament, yea contrary to the Law of God, of Nature, of the Realm, have like unnatural Vipers, taken up offensive Arms against the Parliament and Kingdom, to ruin them, Religion, Laws, and Liberties at once.

Thirdly, Hence it follows, That the Resolutions and Declarations of the Lord's and Commons in Parliament, the supremest Court, against the Commission of Array, Arming of Papists, raising of Forces, imposing Taxes to maintain War against the Parliament, Plundering, and the like, ought to be obeyed, and submitted to, as lawful and binding, both by the King Himself, the Kingdom, and every private Subject whatsoever; and that the Kings extrajudiciall and illegal Declarations out of Parliament in direct opposition and contradiction to these Resolutions and Votes of both Houses in Parliament, ought not to be obeyed, the King himself as our Law Books resolve, Being no competent Judge (especially out of his Courts) what is Law, or what not in those Cases, but the Parliament only. Which extrajudiciall new device of controlling, affronting the Resolutions and Declarations of both Houses, by opposite Proclamations, and Declarations published in his Majesty's name; is such a transcendent violation of, and contempt against the known privileges, the sacred venerable Authority, and power of Parliaments, as (I am confident) no age can Paralell; and if not severely vindicated by exemplary punishments of the highest nature, upon those ill Counselors, and corrupt Lawyers, who contrive and pen them, will bring this highest, greatest and most honorable Court (wherein the whole Kingdom, and every Member of it are represented ) into greater contempt and less estimation with all men, (whether Natives or Foreigners) then the basest Court of Pipouders is. No King nor Subject ever yet attempted such affronts against the Resolutions of any Judges in inferior Courts; Let no person whatsoever then presume by pen or tongue, any longer to arraign or traduce the Resolutions and Ordinances of this highest Tribunal. If Kings or Counselors of State, will instruct or excite the Subjects, peremptorily to disobey and contemn the Ordinances, the Judgments of the Parliament, let them never expect the least obedience or submission to any of their own commands, which are of lesser credit and Authority; which all former Ages have most reverenced and submitted to.

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

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

Fifthly, That to conspire or levy war against the Parliament, or Kingdom, to dissolve, or destroy it, or the Members of it, is no less then High Treason; as hath been solemnly adjudged in Parliament, 15 E. 2. in the Act entitled, Exilium Hugonis le de Spenser, in 1 E. 3. the Preface, and cap. 1. in 11 Rich. 2. c. 2, 3, 4. and in the Parliament Roll, Printed by Order of both Houses, August 27. 1642. And before both these, in Glanvil, who declares it to be Treason, even at the Common Law, Si quis machinatus fuerit vel aliquid feoerit in SEDITIONEM REGNI: Agreeable to Vlpian, and the Saxon Laws, which inform us of Treasons against the Common-wealth and Kingdom, (the case of Cateli •• and others) as well as against the King; and to the Statute of 13. Eliz. c. 1. which makes it High Treason for any person to stir up any Foreigners or strangers with force to invade this Realm or Ireland. And if it be no less then high Treason against the King to slay the Chancellor, Treasurer or any of the Judges, or Justices of either Bench, Eyer, Assize, or Oyer and Terminer, being in their places doing their Offices (though by the Kings command; as is clear by 25 E. 3. c. 2. and all our Law Books; ) then much more must it be high Treason against the King and Kingdom, to war against the highest Court of Parliament, or slay any Member of it, for doing their Offices and executing the Houses just Commands. If bare mis-Councelling the King to the prejudice of the Kingdom, hath so frequently been adjudged high Treason against the King and Realm in several Parliaments, as appears by the forecited Histories of Gaveston, the two Spensers, Alexander Nevill, De la Pole, Trysilian, and others; then what is it to miscou • cell, and assist him to make an offensive War against his Parliament, Kingdom, people, for to ruin them? certainly this must be high Treason against King and Realm in the superlative degree. If the Parliament and Kingdom be destroyed, or their hearts blood shed, their vital spirits let out by an unnatural War against them; the King himself (at least in his royal Capacity as King) and his royal posterity too, must necessarily be unkinged, and overwhelmed in their ruins; but if the Kingdom stand and flourish (for whose Peace and safety Kings themselves ought not only to lay down their Crowns, but lives, as Christ, the King of Kings hath resolved, and the High Priest too,) though the King should die or perish (as all Kings ever were and will be mortal ) yet their posterity may enjoy the Crown, and reign in honor, in prosperity after their death, which they cannot do if the Kingdom perish. Therefore all those Malignants, Papists, Delinquents, and others, who have most unnaturally taken up arms against the Parliament and Kingdom to dissolve and ruin them, though by the Kings own illegal Commission or Command, are not only Arch-traitors to the Parliament and Realm alone, but likewise to the King himself and his Posterity too, in the very judgment of Law; whose blood is shed, whose Crown and Royalty subverted, ruined, in the bloodsh • d, ruin, destruction of his Parliament, Kingdom, people. As it is in the natural, so likewise in the politic • Body; a mortal wound in any part of the body, kills both body and head; the body natural or political cannot die or miscarry, but the head must do so likewise; therefore this War against the Parliament and Kingdom, must in point of Law and Conscience too, be a War against the King himself the chief politick head and member of them both, from which he cannot legally be severed, and high Treason at least against them both, as the Parliament, the sole Judge of Treasons hath resolved long since in their Declaration of August 18. 1642. in th • se positive words; The Lord's and Commons do declare, That all such persons as shall, upon any pretence whatsoever, assist his Majesty in this war, with Horse, Arms, Plate, or Money, ARE TRAYTORS TO HIS MAJESTIE, THE PARLIAMENT AND THE KINGDOM, and shall be brought to condign punishment for so high an offense: which they have since seconded in sundry other Declarations and Impeachments.

In brief, the Gunpowder plot in 3. Iacobi to blow up the Parliament House, was then adjudged, resolved by the Parliament, King and Judges, to be high Treason, not only against the King, but Parliament and Kingdom too: and to blow up, or assault the Parliament now, in the Kings absence, is questionless High Treason, both against the King, Parliament, and Kingdom. Yea, the Statute of 28. H. 8. c. 7. declares those, who shall claim the Crown even of right, in any oeher manner then is limited by virtue and authority of that Act, after the Kings death; with all their Counselors and abettors, to be deemed and adjudged HIGH TRAITOURS TO THE REALM, (not the King) and such their offense to be reputed HIGH TREASON; and they for it, to suffer such pains of death and forfeiture of Lands and Goods, as in any cases of high Treason is used, only because it might in common probability ingender a Civil war and Dissensions in the Kingdom, to be destruction of the people and their posterities; much more then must it be high Treason against the Realm, and those High Traitours who now actually wage War against the Parliament, the Kingdom, and destroy the Subjects and their estates in divers places, which they have burned, sacked, ruined. I read in Fabian, that Eguiran, chief Counselor to Philip the third of France, was judged to death, and hanged on the Gibbet at Paris, for Treason against King Philip and the REALM OF FRANCE, as our Powder Traitors were executed for high Treason against the King and Realm of England of late, and Gaveston with the Spensers heretofore.

By the Stat. of 1 E. 3. c. 1. 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Stat. 2. c. 6. & 1. Mariae c. 6. certain offenses are declared, and made high Treason, and the committers of them, Traitours and enemies, not only, to, and against the King, but likewise, TO, AND AGAINST THE REALM: and in particular; the illegal indicting of some Lord's to destroy them, as guilty of high Treason, for procuring a Commission in Parliament supposed prejudicial to the King and his Crown, in 10 R. 2. c. 1. and the opposing and annulling of that Commission, and of some Processe, Judgments, Executions, made, given, and affirmed in some of these Parliaments, raising forces, and leavying war against the Parliament, and Members of it to destroy them, were then adjudged high Treason both against the King and THE REALM (though done by the Kings express Commission and command: ) The reason is, because the King himself and the whole Realm in judgment of Law, are ever legally present in and with his Parliament when they sit, (as I have already proved) where ever the Kings person is; and his royal legal will (of which alone the Law takes notice) is ever presumed to concur with his greatest Counc • ll the Parliament, against whose Privileges, safety, and protection he neither can nor ought by Law or right to attempt anything; and if any personal Commands or Commissions of the King, under his great Seal, to do ought against Magna Charta, the Subj • cts liberty • safety, property, the Parliaments Privileges, the Common or Statute Laws of the Realm (all which, together with the Kings Coronation Oath, and the Prologues of most old Parliaments expressly prohibit the levying of war, killing, wounding, murthering, imprisoning, disinheriting, robbing, or plundering of the Subjects, without legal trial or conviction, as do the Statutes of 2 R 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers, especially the Welchmen; ) issue out to any person or persons whatsoever, especially to raise forces or levy war against the Parliament or Subjects, they are merely void in Law, and will rather aggravate then extenuate the guilt of those who obey or execute them: as is clearly resolved, not only by 42. Ass. p. 5. 12. Brooke Commissions: 15. 16. Cook l. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewise expressly adjudged and enacted by the Statutes of 15 E. 3. 81. 1. c. 1. 3. 42. E 3. c. 1. 3. 11 R. 2. c. 1. to 6. 21 Iac. c. 3. the Petition of Right, 3 Caroli. 28. E. 2. Artic. super Chartas c. 2. 4 E. 3. c. 4. 5 E. 3. c. 2. 25 E. 3. c. 1. 15. 34 E. 3. c. 2. and generally by all Statutes concerning Purveyors: by the memorable old Statute of 15 E. 3. Stat. 1, If any Minister of the King, or any other person of what condition soever be be, do or come against any point of the great Charter, or other Statutes, or the Laws of the Land, he shall answer to the Parliament, as well as the SUTE OF THE KING, as at the suit of the party, AS FAR FORTH WHERE IT WAS DONE BY COMMISSION OR COMMANDMENT OF THE KING, as of his own authority: And by that parallel good Law recorded by Fabian, made in Parliament in the fi • st year of King Henry the fourth; That no Lord, nor other person of no degree, should after that day lay for his excuse (as some then did) any constraint or coacting of his Prince in executing of any wrong judgment, or other criminous or unlawful deeds, saying; That for fear they durst not otherwise do; for such excuse after this day SHALL STAND HIM IN NO STEAD. And in this Parliament, Hall was judged to be drawn from the Tower of London unto Tiburne, and there to be hanged and quartered (which was accordingly executed) only because he was one of those who secretly murdered the Duke of Gloucester at Calais (illegally attainted of Treason in the Parliament of 21. R. 2. without due process of the Law, by King Richard the second his command, for his good service done in Parliament in 10 & 11. of this King) and likewise the Dukes of Aumarl, Surrey, Exeter, with other Noble-men, were deprived of their Dukedoms, of most of their Lands, Castles, Honors, for having a finger in this Dukes suffocation and death by King Richards instigation and command, (and had lost their heads too if the common people had been their Judges, who murmured against King Henry for sparing their lives ) as you may read in Walsingham and Speed.

If these then who murdered but one good Peer of the Realm by the Kings special command, for his good service done in former Parliaments, after an illegal judgment of high Treason given against him, were thus hanged, quartered, degraded as Traitors by a solemn Judgment in Parliament; how severe a censure may they expect, who without, and before any such conviction or sentence, have taken up offensive Arms to murder and destroy the Parliament itself and chief Members of it as Traitors, and caused them or any of them illegally to be proclaimed Traitors, the more colourably to wage War against them? All which I would advise His Majesty's Captains, Cavaliers, and ill Counselors to consider. The rather, because all levying of War either against the King, or against the Kingdom and Parliament, (now made a matter of high Treason on both sides) must and ought to be determined and resolved, which of them is high Treason and which not, and the pa • ties guilty of it, must and ought to be tried, arraigned, judged, and condemned for it, only in and by the Parliament, and in and by no other Court or Judges, as is punctually resolved by the several Statutes of 11 R. 2. c. 1. 2. 3. 4. 21 R. 2. c. 2. 3. 4. 12. 20. 8 H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons, especially being a new case. If then the Parliament are, and must be the only judges of this question, Which of the two parties now in Arms are Traitors? and the only Court wherein all must be tried on this point, they may easily judge who are and must be the Traitors in this case; and those who by the Kings mere personal command and presence (whom they have treacherously withdrawn from his Parliament) fight now both against Parliament and King in his legal and regal capacity, when the time of trial comes, will be found real Traitors both to King and Kingdom (what ever their own ignorance, temporizing Lawyers, or hopes of prevailing may now suggest unto them) as the Parliament hath already declared them in sundry Remonstrances. In the Parliament of 15 E. 2. the two Spensers were by a special Act of Parliament adjudged Traitors, banished, and their lands and goods confiscated, for miscounselling this King, and advising him to ride with armed Troops of horses and men into Glocestershire to assault the good people there, and to levy war within the Realm, to the destruction of the Church and people, contrary to the form of the great Charter, and breach of the peace of the Realm: What severe judgment then may those ill Counselors and Cavaliers deserve, who have actually levied war, not only against the County of Gloc • ster, (which they have pitifully harrowed and spoiled, contrary to all Law, sacking Cicester to its utter ruin, and leading away the good people thence captives to Oxford in triumph, for the most part barefooted, through dirt and mire, in the cold Winter season, chained together in ropes, more like to Turkish Gallystaves then English Christian Subjects; only for this new kind of supposed Treason and Rebellion, the defense of their Liberties, lives, and goods, against theeving Cavaliers, (which they may defend by Law, and justify the killing of all those who shall violently assault them or their houses, to rob them of them ) denying them so much as a draught of cold water to quench their thirst by the way, and keeping off all who would give it to them, many of them being since dead at Oxford of famine and more then barbarous usage, but likewise against most Counties and many Towns of England, (miserably wasted, sacked, pillaged, and some in cold blood burned by them) and the whole Kingdom, Parliament, yea King himself in his politick Capacitie; and raised an Army of Papists against express late Acts of Parliament; who not only now set up their long exploded Mass openly in Yorkshire, Reading, and other places, but (which my very soul abhors to think of) have lately in a most impious manner, Shit upon the English Bible in folio, defaced and burnt many Testaments, and godly English Books, in John Hamonds house (a Bookseller) in Marleborough, when they sacked it, in contempt of our Religion, setting the chimney on fire with their excessive flames; and if reports be credible, have since burned divers English Bibles, with other good Books, in the public Market place at Reading, under the very Gallows, in detestation of our Protestant Faith, whose utter extirpation is their chief design. Certainly, if these ill Counselors, or murdering Plundering Cavaliers once come to a legal trial, a Gallows will be too mild a punishment to expiate such a prodigious high Treason, which former ages can hardly parallel, especially if they persevere therein. But of this more hereafter.

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

Errata and Omissions in some Copies.

Page 15. l. 43. for Laws read Courts p. 40. l. 22. cons • nts, may be dissolv▪ by their consents. p. 49. l. 44. dele and p. 51. l. 20. Eleventhly, r. Eigh • hly.

To The Reader.

C Ourteous Reader, our usual Proverb concerning Science; That it hath no enemies but Ignorants; is in a great measure now verified concerning the Proceedings of this present Parliament; that few or none malignantly clam or against them▪ but such who are in a great degree Ignorant of our Parliaments just Saveraigne Authority; though many of them in their own hightowring conceits deem themselves almost Omniscients, and wiser than an hundred Parliaments compacted into one. Among these Anti-parliamentall Momusses, there are none more outrageously violent (Papists only excepted) in exorbitant Discourses, and virulent Invectives, against this Parliaments Sovereign power, Privileges, Orders, Remonstrances, Resolutions; then a Company of seemingly Scient, though really inscient, self-conceited Court-Doctors, Priests, and Lawyers; who have so long studied the Art of flattery, that they have quite forgot the very Rudiments of Divinity, Law, Policy,