The Treachery and Disloyalty of Papists

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

W Hen I seriously consider the memorable Preamble of 3 Jac. ch. 4. That it is found by daily experience, that many of his Majesty's Subjects who adhere in their hearts to the Popish Religion, by the infection drawn from thence, and by the wicked and devilish counsel of Jesuits, Seminaries, and other persons dangerous to the Church and State, are so far perverted in the point of their loyalties and due obedience unto the Kings Majesty, and the Crown of England, as they are ready to entertain and execute any Treasonable Conspiracies and Practises, as evidently appears by that more then barbarous and horrible attempt to have blown up with Gunpowder, the King, Queen, Prince, • ords and Commons in the House of Parliament assembled, tending to the utter subversion of the whole State, lately • dertaken by the instigation of Jesuits and Seminaries, and in advancement of their Religion by their Scholars • ught and instructed by them for that purpose. With the Statutes of 35. Eliz. ch. 2. and 3 Jacobi ch. 5. which •• act: That all Popish Recusants shall be restrained to some certain places of abode, and confined to their private • uses in the Country, and not at any time after to pass or remove above five miles from thence, under pain of forfeiting •• their Lands, Goods, and Chattels, during life. That none of them shall remain within ten miles of the City of • ondon, nor come into the Court or house where his Majesty, or Heir apparent to th • Crown of England shall be; nor • ave in their own houses, or in the hands or possession of any other at their disposition, any Armor, Gunpowder, or Mu • tion, of what kind soever, And all this, for the better discovering and avoiding of such Trayterous, and most dan • rous Conspiracies, Treaso •• ▪ Practises, and attempts, as are daily devised, and practiced against our most gracious • overaignes Person, and ••• Commonwealth, by rebellious and traiterous Papists. And when I read in two of King •• mes his Proclamations: That those adhering to the profession of the Church of Rome, are blindly led (together • ith the superstition of their Religion) both unto some points of Doctrine which cannot consist with the loyalty of Sub • cts towards their Prince, and oft times unto direct actions of conspiracies, and conjurations against the State wherein •• ey live, as hath most notoriously appeared by the late most horrible and almost incredible conjuration (grounded up • points of Doctrine in that Church held and maintained, and contrived, and practiced with the privity and warrant of • any of the principal Priests of that profession) to blow up our children and all the three Estates in Parliament assem • ed. And when we consider the course and claim of the Sea of Rome, we have no reason to imagine, that Princes of • r Religion and profession can expect any assurance long to continue, unless it might be assented by the meditation of other • rinces Christian, that some good course might be taken (by a general Council free, and lawfully called) to pluck up • ose roots of dangers and jealousies which arise for cause of Religion, as well between Princes and Princes, as be • eene them and their Subjects; and to make it manifest, that no State or Potentate, either doth or can challenge pow • to dispose of earthly Kingdoms, or Monarchies, or to dispense with Subjects obedience to their natural Sovereigns; Which was never yet attempted, much less effected.) And in the Book of Thankesgiving appointed for the •• h of November, (set forth by King James, and the Parliaments special direction) this observable Prayer • omewhat altered by the now Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the • pists) To that end strengthen the hand of our gracious King, the Nobles and Magistrates of the Land, with Judge • ent and Justice, to cut off these workers of iniquity (the Papists) whose R • ligion is rebellion, whose faith is facti • , whose practice is murthering of Souls and Bodies, and to root them out of he confines of this Kingdom. I can • ot but star damazed, yea utterly confounded in myself, at the Impudency and Treachery ofthose pernicious • ounsellors, who in affront of all these Laws and premises, have issued out sundry Commissions, under • s Majesty's hand and seal, to divers notorious Papists, not only to furnish themselves with all sorts of • mes and Munition; but likewise to meet together armed, and raise Forces in the Field, to fight against the • rliament, Kingdom and Protestant Religion, (even contrary to divers his Majesty's late Printed Declara • ns, and Protestations, to all his loving Subjects) advanced them to places of great trust and command in his • ajesties several Armies; and procured them free access unto, if not places of trust about his sacred person, • if they were his loyallest Subjects, his surest guard (as many now boldly style them,) and more to be confi • ed in, then his best and greatest Council, the Parliament; whom they most execrably revile, as Rebels, •• d Traitors, the more colourably to raise an Army of Papists to cut their throats, and the throat of our Pro • stant Religion first (as they have already done in Ireland, ) and then last of all his Majesty's, in case he refuse to become the Popes sworn vassal or alter his Religion, which he hath ost protested (and we believe) he will never do.

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

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

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

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

Thirdly, That such tyranicall and oppressing Kings may be killed, poisoned, or slain by open force of Arms, not only lawfully, but with glory and commendations; That this is to be executed by Catholics; and that it is not only an heroi • all, but meritorious act, worthy the highest Encomiums.

These two last pro positions you may read abundantly proved by the words of Popish writers, and 40. examples of several Emperors, Kings and Princes, which Popes & Papists have excommunicated, deprived, violent • y assaulted and murdered, in Doctor John Whites defense of the way to the true Church, chap. 6. pag. 14. to 22. and chap. 10. pag. 43. 44. in his Sermon at Paul's Cross, March 24. 1615. pag. 11. 12. in Bishop Bilsons true difference of Christian Subjection, and unchristian rebellion, part 3: throughout. Aphorismi doctrinae Jesuitarum: King James his Apology against Bellarmine, with his Answer to Cardinal Perron; and sundry printed Sermons, preached on the fist of November, to which I shall refer the Reader; What security or protection then of his Majesty's royal Person, Crown, or Kingdoms, can now be expected from our Popish Recusants, (infected with these traytorous Principles, and branded with so many ancient, moderne, nay present treasons and Rebellions against their Sovereigns) let the world and all wise men seriously judge; What fair quarter and brotherly assistance the Parliament, Protestants, Protestant Religion, Laws and Liberties of the Subject are like • o receive from this Popish Army, the late Gunpouder Treason, the Spanish Armado, the English and French book of Martyrs, the present proceedings in Ireland, Yorkshire, and elsewhere will resolve without dispute: And what peace and safety the Kingdom may expect in Church or State, whiles Popery and Papists have any armed power or being among us, Doctor John White hath long since proclaimed at Paul's Cross (and now we feel it by experience) in these words; Papistry can stand neither with peace nor piety; the State therefore that would have these things, hath just cause to suppress it. Touching our peace, it bath not been violated in our State these many years but by them, nor scarce in any Christian State, since Charles the great his time, but the Pope and his ministers have had a hand in it.

All that these ill advisers (to color their close design of reestablishing Popery, principally intended ) can allege for arming Papists against Law, is; That the Parliament hath traytorously invaded the Kings Prerogatives in a high degree; claimed a power and jurisdiction above his Majesty in sundry particulars, and • surped • o its self a more exorbitant, unlimited, arbitrary authority in making Laws, imposing taxes, &c. then any Parliaments challenged in former ages; to repress which insolencies, and reduce the Parliament to its due limits, his Majesty is now necessited to raise an Army, and pray in avde of Papists, who in former ages have been more moderate in their Parliaments, and are like to prove most cordial in this service.

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

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

To which I answer, first, that if this Doctrine be either Traytorous or Heretical, the Papists were the first broa • hers of it long ago; For Hen. de Bracton a famous English Lawyer, who writ in King Henry the third his • eigne, lib. 2. cap. 16. f. 34. a. resolves thus, But the King hath a SVPERIOVR, to will God: Also the Law, by • hich he is made a King: likewise his Court; namely the Earls and Barons; because they are called Comites, as being • e Kings fellows (or companions;) and he who hath a fellow (or associate) hath a Master: and therefore if the King shall • e without a bridle, that is, without Law, they OVGHT to impose a bridle on him, unless they themselves with the King • all be without bridle; and then the Subjects shall ery out and say, O Lord Jesus Christ do thou bind their jaws with it and bridle, &c. A clear resolution, That the Law, with the Earls and Barons assembled in Parliament, are • bove the King, and ought to bridle him when he exorbitates from the Law: which he also seconds in some sort, • b. 3. cap. 9. f. 107. This Doctrine was so authentic in those days, and after times, that in the great Council of Basil. Anno 143 • . when this mighty question was debated; whether a Pope were above a general Council, or a Council above him? such a Council was at last resolved to be above the Pope, upon this reason, among others The Pope is in the Church as a King is in his Kingdom, and for a King to be of more authority then his Kingdom, it were too absurd; Ergo, Neither ought the Pope to be above the Church. In every well ordered Kingdom, it ought specially to be desired, that the whole Realm should be of more authority then the King; which if it happened contrary, were not to be called a Kingdom, but a Tyranny. And like as oftentimes Kings, which do wickedly govern the Common-wealth and express cruelty, are deprived of • heir Kingdoms; even so it is not to be doubted, but that the Bishop of Rome may be deposed by the Church, that is to say, by the general Council. At the beginning (as Cicero in his Offices saith) it is certain there was a time when as the people lived without Kings. But afterwards when Lands and possessions began to be divided according to the Custom of every Nation, then were Kings ordained for no other causes but only to execute justice▪ for when at the beginning the common people were oppressed by rich and mighty men, they ran by and by to some good and virtuous man, which should defend the poor from injury, and ordain Laws, whereby the rich and poor might dwell together. But when as yet under the rule of Kings, the poor were oftentime • oppressed, Laws were ordained and instituted, the which should judge, neither for hatred nor favor, and give like ear unto the poor as rich: whereby we understand and know, not only the people, but also the King to be subject to the Law. For if we do see a King to contemn and despise the Laws, violently rob and spoil his Subjects, d • flower Virgins, dishonest Matrons, and do all things licentiously and temerariously, do not the Nobles of the Kingdom Assemble together, deposing him from his Kingdom, set up another in his place, which shall swear to rule and govern uprightly, and be obedient unto the Laws. Verily as reason doth persuade, even so doth the use thereof, also teach us: It seemeth also agreeable unto reason, that the same should be done in the Church, that is, in the Council, which is done in any Kingdom. And so is this sufficiently apparent, that the Pope is subject unto the Council; Thus the Bishop of Burgen▪ Ambassador of Spain, the Abbot of Scotland, and Thomas de Corcellis, a famous Divine reasoned in this Council, which voted with them. Here we have a full resolution of this great Council (which the Papists call a general one, being approved by the Greek and Roman Emperors, and most Christian Kings, and States, and ours among others:) That the Kingdom in Parliament Assembled, is above the King, as 〈…〉 General Council is paramount the Pope: which they manifest by five reasons.

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

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

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

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

Fifthly, Because they have power to depose them in case they contemn the Laws, and violently rob and spoil their Subjects. This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments, Peers, and Kingdoms over their Kings, they have least ground of all others, to tax this Parliament or its Advocates, as guilty of Treason, and usurpation upon the Crown, for a more moderate claim then this amounts to.

Secondly, I answer, that Popish Parliaments, Peers, and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings, then this Parliament, or any other, since the embracing of the Protestant Religion, ever claimed; and do in a great measure disclaim▪ For, first of all, they have challenged and executed a just and legal power (as they deemed it) to depose their Kings, for not governing according to Law; for following and protecting evil Counselors, and Officers; oppressing their Subjects, and making war against them. This is evident, not only by the forementioned passages of the Council of Basil, with infinite presidents in foreign Empires and Kingdoms, which I pretermit, b •• by sundry domestic examples; of which I shall give you a short touch. Anno Dom. 454. King Vortigern, when he had reigned for years space, for his negligence and evil Government (for which Vodine Arch-bishop of London told him, he had endangered both his Soul and Crown ) was deposed from his Crown by (his Subjects) the Britain's general consent, imprisoned, and his Son Vortimer chosen and Crowned King in his stead; After whose untimely death (being poisoned by Rowe • a) Vortigern was again restored by them to the Crown, and at last for his notorious sins, by the just revenging hand of God, consumed to ashes by fire, kindled by Aurelius, and V • er, as heavens ministers to execute its wrath.

Sig • bert King of the West-Saxons, setting aside all Laws and rules of true piety, wallowing in all se 〈…〉 suall pleasures, and using exactions and cruelties upon his Subjects, and • laying the Earl Cumbra, his mo 〈…〉 faithful Counselor, for admonishing him lovingly of his vicious life: the Peers and Commons thereupon seeing their State and lives in danger, and their Laws thus violated, assembled all together; and provida omniu 〈…〉 deliberatione, rose up in Arms against him, deposed, and would acknowledge him no longer their Sovereign▪ whereupon flying into the Woods as his only safeguard, and there wandering in the day like a forlo •• e person, and lodging in dens and caves by night, he was slain by Cumbra his Swin-herd in revenge of his Masters death, and Kenwolfe made King in his stead, Anno Dom. 756. Osred King of Northumberland, for his i 〈…〉 government was expelled by his Subjects, and deprived of all Kingly Authority, Anno 789. So Æthelred (th 〈…〉 Sonneof M • llo ) his next successor, being revoked from exile and restored to the Crown of which he was formerly deprived, thereupon murthering divers of his Nobles and Subjects to secure his Crown, so far offended his Subjects thereby, that Anno 794▪ they rose up in arms against him and slew him at Cob • e. Thus Anno 758. the people of the kingdom of Mercia rising up against Beornerd their King, because be governed the • eople not by just laws, but tyranny, assembled all together, as well Nobles as ignoble; and Offa, a most valiant • oung man being their Captain, they expelled him from the Kingdom: which done, unanimo omnium consensu▪ by the unanimous consent of all, as well Clergy as People, they crowned Offa King. And Ceolwulfe King of Mercia, Anno 820▪ after one years reign was for his misgovernment expulsed by his people, abando • ing his Crown and country for the sa • ery of his life.

Not to mention anymore such presidents before the Conquest: We find the Popish Barons, Prelates, and Commons disavowing King John, whom they had formerly elected King, for making war upon them, and • asting, burning and spoiling the kingdom like an enemy, & electing Lewis of France for their King, to whom • hey did homage and fealty: There are none so ignorant but know, that the Popish Prelates, Lord's and Commons in Parliament, An 1327▪ deposed King Edward the second their natural King, for his misgovernement, and following and protecting ill Counselors, enforcing him by way of complement to resign his Crown, threatening else, that they would never endure him, nor any of his Children, as their Sovereign, but disclaiming all homage and fealty, would elect some other for King not of his ( r ) blood, whom themselves should think most fit and able to defend the kingdom. After which they elected and crowned his son Edward the third for their King: That An 1399▪ King Richard the second, for sundry misdemeanors objected against him • n 32. Articles in Parliament, and breach of his Coronation oath, was judicially deposed by a Popish Parliament, by 〈…〉 definitive sentence of deposition given against him, which you may read at large in our Historians, and Hen • y the fourth elected and created King in his stead: In both which depositions the Popish Prelares were chief 〈…〉 ctors. Anno 1462. King Henry the sixth, Queen Margaret and Prince Edward their Son were by a Popish Parliament disinherited of their right to the Crown; and Edward the fourth made King: after which King Henry was by another Parliament recrowned, and reestablished in his Kingdom, and Edward the fourth declared 〈…〉 Traitor and usurper of the Crown. And not long after, Edward taking King Henry prisoner, and causing him to be murdered in the Tower, another Popish Parliament, Anno 1472. abrogated King Henries Laws, and • eestablished King Edward. All this have our Popish Parliaments, Prelates, Lord's and Commons formerly done, and that rightly and legally, as they then supposed; which far transcends the highest st • aines of pretended in • roachments on his Majesty's royalties by the present Parliament; which detests such presidents.

Secondly, our Popish Parliaments, Pecres and Prelates have oft translated the Crown from the right heirs, • nd settled it on others who had no lawful right or title to it, electing and acknowledging them for their one • y Sovereign Lord's; in which actions the Popish Prelates and Clergy were commonly the Ring-leaders: witness their electing and crowning of Edward, who was illegitimate, and putting by Æthelred the right heir after • dgars decease, An. 975. The electing and Crowning Canutus King, a mere forrainer, in opposition to Edmund • he right heir to King Æthelred, An. 1016. Of Harold and Hardiknute, both elected and crowned Kings successive • y without title, Edmund and Alfred the right heirs being dispossessed, and the latter imprisoned and tortu • ed to death, An. 1036. and 1040. yet after Hardiknutes decease Edward (surnamed the Confessor) was chosen King by consent of Parliament. And the English Nobility, upon the death of King Harold, enacted, That none • f the Danish blood should anymore reign over them. After this Kings death, Edgar Etheling who had best title was rejected and Harold elected and crowned King; so after William the Conquerors decease, Anno 1087. Robert • he elder brother was pretermitted, and William Rufus the younger brother crowned and established in the Throne: After whose death Henry the first, his younger brother (though not next heir) was elected King • y the Clergy, Nobles and Commons, ( who refused to admit of any King but with capitulations and caveats to their • wne liking) upon fair promises for resorming bad and rigorous Laws, remission of Taxes exacted on the Subjects, and • unishment of the chief causers of them, and a solemn oath to frame good Laws, and ratify Saint Edwards Laws; • ll which he really performed. So after the death of Richard the first, John Earl of Morton was elected and crowned King, and his Nephew Arthur, the right heir, disinherited. And he dying, his son Henry the third was • lected and crowned, and Lewis (made King in his fathers life by the Barons) removed. The like we find in • he case of King Henry the fourth, King Edward the fourth, and Richard the third, made Kings by Acts of Par •• ament, by our Popish Prelates and Nobles with the Commons consent upon unlawful or doubtful Titles, • y way of usurpation, and the right hereditary line put by. Such a transcendent power and • urisdiction as this 〈…〉 disinherit the right heir and transfer the Crown to whom they throught meerest, neither the present nor • ny other Protestant Parliament, Peers or Subjects ever claimed or exercised, though Popish Parliaments, • relates, Lord's, and Commons have thus frequently done it; of which you may read more in 25. H. 8. c. 22. 26. 〈…〉 . 8. c. 12. 28. H. 8. c. 7. 35. H. 8. c. 5.

Thirdly, the Lord's and Commons in times of Popery have sent our writs and summoned a Parliament in the Kings name, and forced the King to call a Parliament without and against his full consent. Thus they summoned and held a Parliament in Ireland, Anno 1341▪ refusing to come to a Parliament there summoned by the Kings officers and authority, as the Irish Annalls do more at large record. Thus they summoned and held two Parliaments here in England to depose King Edward the second, and King Richard the second without these Kings consents; and by two several Acts of Parliament (4. E 3. c. 4. and 36. E. 3. c. 10.) enacted That for the maintenance of the Laws and Statutes▪ and redress of divers mischiefs and grievances which daily hap • eth, a Parliament shall be holden every year once, and more often if need be; whereas this Parliament was 〈…〉 called but by the Kings own free consent, and hath moderated these former Acts, by changing the annual into 〈…〉 triennuall Parliament by a special Bill, to which his Majesty gave his full and free assent. Long before which Acts, King Alfred in an assembly of Parliament, ordained this for a perpetual custom; that a Parliament should be called together at London twice every year, or oftener in time of peace, to keep the people of God from sin, th 〈…〉 they may live in peace, and receive right by certain usages and holy judgments.

Fourthly, Our Popish Barons, Prelates and Commons, have refused to meet in Parliament when the King ha 〈…〉 summoned them by his writ. Anno Dom. 1233. King Henry the third summoned his Earls and Barons to appear at a Parliament at Oxford (where the King now resides) but they all jointly sent him an express messag 〈…〉 that they would not come upon his summons; for that the Kings person went guarded with Poictovines & oath 〈…〉 strangers, who swayed and miscounselled him (as ill Counselors do now the King) so as they could no 〈…〉 there appear with safety: at which message the King grew very angry, resolving that they should be on 〈…〉 twice and thrice summoned to appear: Whereupon Roger Bacon who usually preached before the King freely told him, That if he did not remove from him Peter Bishop of Winchester, and Peter de Rivallis (his malign 〈…〉 Counselors) he could never be quiet: And Roger Bacon a Clergy man also of a pleasant wit, seconding Robert advise, told the King, that Peirae and Rupes were most dangerous things at Sea, alluding to the Bishops name Petrus de Rupibus. The King hereupon coming a little to himself, and taking that good advice of Scholars which he would not of his Peers, summons another Parliament to be holden at Westminster, giving th 〈…〉 world to know withal, that his purpose was, to amend by their advice whatsoever was to be amended. But the Baro 〈…〉 considering, that still there arrived more and more strangers, men of war, with horse and arms (as now alas we s 〈…〉 they do) and not trusting the Poictovine Faith (as we have now cause to mistrust the perfidious Papists, and malignant Cavaliers ) and seeing no footstep of peace (our present condition) refused to come at the appointe • day; sending the King word by solemn messengers, that he should without any delay remove Peter Bishop of Winchester, and the other Poictovians out of his Court; which if he refused, they all of them by the common consent of t 〈…〉 whole kingdom, would drive him, with his wicked Counselors, out of the Kingdom, and consult about creating 〈…〉 new King. Thesethings thus acted, the King was much dejected in mind, and all his Court, hanging down 〈…〉 their heads, and fearing not a little, lest the errors of the Son should become worse then the fathers errors, whom hi 〈…〉 Subjects endeavoring to depose from his royal Throne, almost detruded him to that name, which was give 〈…〉 him by a certain presage; John the Banished: Wheresore he could easily have been drawn to redeem 〈…〉 the love of his natural Liegemen, with the disgrace of a sew strangers.

But the Bishop of Winchester, with other his ill Counselors, and Poictovine Cavalieres, counseled hi 〈…〉 to take up arms against his rebellious Subjects, as they styled them, and to give their Castles and Lands to them, w 〈…〉 would defend him and the kingdom of England from these Traitors, (The Counsel now given to his Majesty, 〈…〉 his ill Counselors and Cavalieres) Hereupon the King inclining to the worser part, raiseth an Army of Poictovine, and Foreign Soldiers, which came to him being sent for out of Flanders, (from whence the King no 〈…〉 hath many old Soldiers, and Commanders sent him) seizeth a Manor of Guilbert Bassers, a Noble man, give 〈…〉 him by King John, calling him Traitor▪ when he demanded it; sets down a day, wherein all his Lord's he suspected should deliver him sufficient pledges of their loyalty; and being at Gloucester with his Army, with 〈…〉 the Lord's resused to come, being required, the King thereupon, as if they were Traitors, burns their Manor 〈…〉 destroys their Parkes and Ponds, besiegeth their Castles, and without the judgment of his Court, and of thei 〈…〉 Peers, denounceth them exiles and banished men, gives their Lands to the Poictovines, and adding grief to grie 〈…〉 wound to wound, commanded their bodies to be apprehended where ever they were within the Kingdom he likewise sends a Defiance to the Earl Marshall, whose Lands he had wasted, who thereupon understood himself discharged of that obligation by which he was iyed to the King, and free to make his defense; Whereupon, h 〈…〉 seeing neither Faith, nor Oath, nor peace to be kept by the King, or his ill Counselors, who contrary to their promise and Oath, refused to deliver up his Castle, which they promised to render to him, upon demand; h 〈…〉 raiseth a grea • Army, and takes his Castle. On this the King upon better consideration, did again promise 〈…〉 and affirm; That by advise of his great Council, all that was amiss should be rectified and amended; And at th 〈…〉 day▪ and place appointed, he holds a great conference with the Lord's; But the evil Counselors he followed, suffered him not to make good his promise. For when divers there present, greatly in the Kings favor, with sundry Preachers and Friars, whom the King was wont to reverence and hearken to, Humbly beseeched, and earnestly exhorted the King to make peace with his Barons and Nobles, and to embrace them with due affection, being his natural Subjects, whom without any judgment by their Peers he had banished, destroying their Manors, Woods, Parkes, Ponds; and being led and seduced by evil Councils, less regarded his faithful Subjects, (whose native bloo 〈…〉 would not permit them to bow down) then Forainers; and which is worse, called them Traitors by whom • e ought t 〈…〉 settle the peace, order the Councils, and dispose the affairs of his Kingdom: The Bishop of Winchester (of • ended it seems at Peers ) takes the word out of the Kings mouth, and answers; That there are not Peers in England, as in the Realm of France; and that therefore the King of England by such Justiciars as himself pleaseth • o ordain, may banish any offenders out of the Realm▪ and by judicial process condemn them. Which insolent • peech the English Bishops relished so harshly, that they presently with one voice threatened to accurse and excommunicate by name the Kings principal wicked Counselors; of whom Winchester being the foreman, appealed; whereupon they accursed (and I would our Bishops would do so now, if the God-dam-me Cavaliers accurse • ot themselves sufficiently) all such as alienated the heart of the King from his Subjects, and all others that per • urbed • he peace of the Realm; and so the hoped accommodation vanished into greater discontents. Hereupon, the Earl Marshall and other Lord's with their Forces, sell pell mell upon the Kings Army, slew divers of his for • einers; and in conclusion drew him to such straits, that enforced him to be capable of better advise: Then Edmund • rchbishop of Canterbury elect, with other suffragan Bishops, bewailing the estate of the Kingdom, presented themselves before the King at Westminster, telling him as his loyal liegemen (and O that some Bishop or faith • ull person, if there be any such about his Majesty, would now deal thus clearly with him, touch • ng his evil Counselors) That the Council of Peter Bishop of Winchester, and his complices, which now he had and • sed, was not sound nor safe, but evil and dangerous to himself and his Realm: First, for that they hated and de • ised the English, calling them Traitors, turning the Kings heart from the love of the people, and the hearts of the peo • le from him; as in the Earl Marshall, whom (being one of the wort • jest men of the Land) by sowing false tales they • rave into discontentment. Secondly, that by the Counsel of the said Peter, his Father King John, first lost the hearts of • is people, then Normandy, then other lands, and finally wasted all his treasure, and almost England also, and never af • er had quiet. Thirdly, That if the Subjects had now been handled according to justice and law, and not by their ungod • y Counsels, these present troubles had not happened, but the Kings lands had remained undestroyed, his treasure unex • austed. Fourthly, that the Kings Council is not the Council of peace but of preturbation, because they that cannot • aise themselves by peace, must raise themselves by the troubles and disinherison of others. Fifthly, That they had the Trea 〈…〉 re, Castles, Wardships, and strength of the kingdom in their hands, which they insolently abused, to the great hazard • f the whole estate, for that they made no conscience of an Oath, Law, Justice, or the Churches censures. Therefore, we 〈…〉 King, speak these things faithfully unto you, in the presence of God and man, and do counsel, beseech and adm • nish • ou, to remove such a Council from about you; and (as it is the usage in other Realms) govern yours by the faith • ull and sworn children thereof. To which the King in brief answered▪ That he could not suddenly put off h •• Council; and therefore prayed a short respite. Nothing • ad hither to preserved the King more, Then that he could • ithout grief forgo • any favorities, if he were nearly pressed; the contrary quality whereof hath been the cause of • i • all desolation to so many Princes. For though choice of Counselors ought to be free, yet by common in • endment they should be good; or how ever they are, or are not; it is madness to hazard a Crown, or lose the love • f a whole Nation, rather then to relinquish or diminish a particular dependence, for which the public must not be • azarded, nor subverted; The King therefore, in this point not infortunate, commands Bishop Peter from his Court, to keep residence at his Cure without once meddling in State affairs, removes all his evil Counselors, derives them of their Offices, and puts good men in their places, and commands all Poictovians and Foreign forces to de • art the Realm, receives all his Nobles into favor, restoring them to their lost Offices, Lands, Castles, admits them 〈…〉 to his Court and Council; puts all his ill Counselors, and Delinquent Officers to their legal trials and fines. And • r Peter Rivales his Treasurer, he was so vehemently inc • nsed against him for his ill Counsel, that he sware 〈…〉 would pluck out his eyes, were it not for reverence of his holy Orders. And at his Arraignment at Westminster 〈…〉 e King sitting in person with his Justices, upon the Bench, and shooting Rivales through with an angry eye, • ache thus to him. O ihou Traitor by thy wicked advise, I was drawn to set my Seal to those treacherous Letters, • r the destruction of the Earl Marshall, the contents whereof were to me unknown; and by thine and such like Coun 〈…〉 ll, I banished my natural Subjects, and turned their minds and hearts from me. By thy bad counsel and thy come 〈…〉 lices, I was moved to make war upon them to my irreparable loss, and the dishonor of my Realm, in which • n • rprise I wasted my Treas • re, and lost many worthy persons, together with much of my Royal respect. Therefore I 〈…〉 act of thee an account, and thou shall be carried to the Tower of London to deliberate till I am satisfied. And 〈…〉 us were these civil wars and differences reconciled, ill Counselors removed, enormities reformed, De 〈…〉 nquents punished, (not without reducing store of coin to the King) and peace established in the King • ome. Which History, I have more largely recited, because most of its passages are Paralell to the Kings, 〈…〉 d his evil Counselors present proccedings, on the one hand, and to the Parliaments in some sort, on the o 〈…〉 er hand in the premises; and I doubt not but they will prove parallels in the conclusion, to the terror of 〈…〉 ill Counselors and Cavalieres, the just punishment of Delinquents, all good Subjects joy and content • ent, and the reestablishment of our peace in truth and righteousness.

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

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

After this An. Dom. 1258. King Henry the third summoned a Parliament at Oxford, whither the Lord came armed with great Troopes of men for fear of the Poictovines, to prevent treachery and civil wars, a •• the Kings bringing in of Foreign force, against his natural Subjects; to which end they caused the Sea Ports •• be shut up, and guarded. The Parliament being begun, the Lord's propounded sundry Articles to the King which they had immutably resolved on: to which they required his assent. The chief points whereof we •• these: That the King should firmly keep and conserve the Charter and Liberties of England, which King John • Father made, granted, and ratified with an Oath, and which himself had so often granted, and sworn to maintai • inviolable, and caused all the infringers ofit, to be horribly excommunicated by all the Bishops of England, in h • own presence, and of all his Barons; and himself was one of the Excommunicators. That such a one should be ma • their Chief Justice, who would judge according to Right, without respect to poor or rich. With other things concerning the kingdom, to the common utility, peace, and honor of the King and kingdom. To these their necessa •• Councils and provisions, they did frequently, and most constantly, by way of advice, desire the King to condescend, swearing and giving their mutual Faith and hands one to another; That they would not defis • • prosecute their purpose, neither for loss of money or Lands, nor love, nor hare; no nor yet for life or dea • of them or theirs; till they had cleared England (to which they and their forefathers were borne) from up starts and aliens, and procured laudable Laws. The King hearing this, and that they came exquisitely arm that so he and his aliens might be enforced, if they would not willingly assent, took his corporal Oath (a • his Son Prince Edward also) that he would submit • o their Councils, and all those their Ordinances, f •• fear of perpetual imprisonment; The Lord's having by an Edict, threatened death to all that resisted: Whi • done, all the Peers and Prelates took their Oath; To be faithful to this their Ordinance; and made all wh • would abide in the Kingdom, to swear they would stand to the • ryall of their Peers; the Arch-bishop • and Bishops solemnly accursing all that should rebel against it. And Richard King of Romans, the Kings younger Brother coming soon after into England to visit the King and his own Lands, the Barons enforce him (according to his promise sent them in writing before his arrival) to take this Oath, as soon as he la • ded, in the Chapter-house at Canterbury. Hear all men, that I Richard Earl of Cornewall, swear upon •• holy Gospels, to be faithful and forward to reform with you the kingdom of England, hithert • by the council of wic • ed men so much deformed. And I will be an effectual coadjuto • to expel the Rebels and troublers of the Realm f •• out of the same. This Oath will I observe under pain to for feit all my Lands I have in England.

To such a high strain as this, did these Popish Parliaments, Prelates, Peers and Commons screw up their •• risdictions, to preserve themselves and the Kingdom from slavery and desolation; whom Matthew Paris •• continuer, for this service stiles, Angliae Reipublicae Zelatores: the Zelors of the English Republic. Neith • is this their example singular, but backed with other presidents. In the second and third years of King E • ward the second, Piers Gaveston his great, proud, insolent, covetous, unworthy Favorite, miscounselling a • seducing the young King (from whom he had been banished by his Father) and swaying all things a • •• pleasure: the Pe • res and Nobles of the Real • e, seeing themselves contemned, and that foreign upstart p •• fe • red before them all, came to the King, and humbly entreated him, That he would manage the Affaires of • Kingdom, by the Counsels of his Barons, by whom he might not only become more cautious, but more safe from inc •• bent dangers; the King Voce • enus, consented to them, and at their instance summoned a Parliament at Lond •• to which he commanded all that ought to be present, to repair. Where, upon serious debate, they earn •• lie demanded of the King, free liberty, for the Barons to compose certain Articles profitable to himself, to his kingdom, and • o the Church of England: The King imagining that they would order Piers to be banished, a lo •• time denied to grant their demand, but at last, at the importunate instance of them all, he gave his assent, a • swore he would ratify, and observe what ever the Nobles should ordain: The Articles being drawn up, and agreed by common consent, they propounded them to the King; and by their importunity, much against his well-liking, caused him to ratify them with his Seal, and to take his corporal Oath, to observe them: Which done, the Archbishop of Canterbury with his Suffragans, solemnly denounced a sentence of excommunication against all who should contradict these Articles; which they caused to be openly read in Paul's Church London, in the presence of the Prelates, Lord's and Commons of the whole Kingdom, the King being present; Among which Articles they demanded; That Magna Charta, with other provisions necessary to the Church and Realm, should be observed, that the King • s his Father had commanded, should thrust all Strangers out of his Court and kingdom, and remove ill Counselors •• om him: That he would thenceforth order all the affairs of the Kingdom by the Counsel of the Clergy and Lord's; • nd begin no war, nor depart anywhere out of the kingdom without common consent. The King (notwithstanding • ll these things seemed hard and insupportable to him) consented to the Articles, and banished Piers into • reland. No sooner was the Parliament dissolved, but the King▪ neglecting his Fathers solemn adjurations, • ogether with his own Oath, never to reduce Piers, sends for him back to his Court, marrieth him to the Countess of Gloucester, his own sisters daughter, showeth him more favor then ever; Resolving with himself • o retain this Gaveston, maugre all his Earls, Barons, and for the love of him, to put his Crown and life in • erill, when time should serve: In which, whither the King or his favourite shown less discretion, it is not • t the first easily determined; it being as unsafe for the one with so offensive behavior to affect immoderate •• ew and use of grace, as for the other, to the injury of his name and Realm, to bestow the▪ same. But upon • he Queens complaint to the King of France her Brother, of Piers his insolence and prodigality, and on the • arons message to the King by common consent; That he should banish Piers from his company, and observe the • ffect of the foresaid Articles, or else they would certainly rise up against him as a perjured person by a like vow (which • peech seemed hard to the King, because he knew not how to want Piers, but yet discerned that more danger would spring • p if he obeyed not the Lord's Petition;) Piers rather by the Kings permission, then good liking, did the third •• me abjure the Realm with this proviso; that if at any time afterward he were taken in England, he should • e forthwith put to death as a perilous enemy to the Kingdom: yet he returning in Christmas to the King at York, the Lord's spiritual and temporal, to preserve the Liberties of the Church, the Kingdom, and remove this • iper, elected Thomas Earl of Lancaster for their General, and sent honorable messengers to the King, re • uesting him, to deliver Piers into their hands, or drive him from his company out of England, as being persuaded, • hile that King- • ane breathed, peace could never be maintained in the Realm, nor the King abound in treasure, nor the Queen enjoy his love. But the willful King (preferring the dearness of one stranger, before the love of the • hole Realm) would no • condescend. Whereupon the Lord's thus contemned and deluded, presently raise • n Army, and march with all speed towards Newcastle, not to offer injury, or molesta •• on to the King (writes • alsingham, the case and purpose of the present Parliaments Army) but that they might apprehend Piers him • else, and judge▪ him according to the Laws enacted. Which when the King heard, he fled together with Piers (like a proscribed and banished man) to Tynemouth, and from thence to Scarborough Castle. Where Piers was forced to yield himself, upon condition to speak but once more with the King. And then carried to Warwick Castle, where he had his head struck off, at the command, and in the presence of the Earls of Lan • aster, Warwick and Hereford; as one who had been a subverter of the Laws, and an open Traitor to the Kingdom, and that without any judicial proceedings or trial of his Peers, though an Earl, and so dear a Favorite of the Kings. Which bred a lasting ha • red between the King and his Nobles: Who being afterwards charged by the King in Parliament with their contempt against him, in the spoils committed by them at Newcastle; and wick • dly killing Piers: They stoutly answered: That they had not offended in any point, but deserved his royal favor, • or that they had not gathered force against him, but against the public enemy of the Realm: And then obtained an Act • f Pardon, that no man should be questioned for Gavestons return or death, printed in old Magna Charta. Not long • fter, this unfortunate King doting upon the two Spencers as much as ever he did on Gaveston, to whom they • ucceeded, not only▪in pride, rapine, oppression and intolerable insolencies, but even in height of familiarity and power with the King. So as they ruled and lead the King as they pleased, in so much that no Earl, Baron or Bishop was able to dispatch anything in Court without their advise and favor, which made them generally envied of all, because they domineered over all: The Lord's and Barons hereupon, confederated together to live and die for ju • tice, and to their power to destroy the Traitors of the Realm, especially the two Spencers: And meeting together with • heir forces at Sbirborne, Thomas of Lancaster being their Captain; they took an oath to prosecure their design to • he division of soul & body: Then they spoiled these Spencers & their friends goods, take their Castles by vio • ence, waste their Manors through malice, slay their servants, utterly omitting the usual ways of Law & equity, & following the impetuousnes of their minds they march on to S. Albans with Ensigns displayed, & sent solemn messengers to the King then at London, commanding him▪ not only to rid his Court, but kingdom too, of the Traitors of • he Realm, the Spencers, condemned in many Articles (which they had framed against them) by the commonalty of the Realm, if he loved the peace of the Kingdom. And they further required the King to grant letters Patents of indemnity, to themselves and all such as had bore arms in their company, that they should not be punished by the King or any other for their for epast or present transgressions. The King denied both these demands at first, as unjust and illegal; swearing, that he would not violate his Coronation Oath, in granting such a pardon to contempiu • us Delinquents. Whereupon running to their arms, they marched up to London, entered the City, and to avoid dange • ▪ the King (through the Queens and others mediation) condescended to their desires, passing an Act for th • Spensers banishment, and the Barons indemnities; which you may read in ancient Magna Chartaes. Upo • this the Barons departed, neither merry nor secure, despairing of the Kings Benevolence; which made them go always armed, and to retire to safe places. The King soon after, recalling the Spensers, reversed the sentence against them as erroneous, gathers an Army, encounters and defeats the Barons, and puts many of them to deat • by these Spencers procurements; who not content with their blood, procured also the confiscation of their goods a •• • nheritances: Whereupon getting into greater favor and power then before, puffed up with their good success and new honors, they discontented not only the Nobles, but Queen too; who going over into Fran • with her son, the Prince, (whose lives these favorites attempted) She raised an Army beyond the Seas, and returning with it into England, most of the Lord's and Commons resorted to her, and fell off from the King • who being destitu • e of friends and means, demanded assistance of the Cirie of London, whose answer was That they would honor with all duty the King, the Queen and Prince, but would shut their gates against Foreine • and Traitors to the Realm, and with all their power withstand them. And under the name of John of Eltham th • Kings second son, whom they proclaimed Custos of the City and of the Land, they got the Tower •• London into their possession, placing and displacing the Garrison and Officers therein as they pleased. Th • King hereupon (after he had commanded all men to destroy, and kill the Queens partakers, none excepted but herself • • er son, and the Earl of Kent, and that none upon pain of death, and loss of all that they might lose, should aid •• assist them, and that he should have a 1000. l. who did bring the Lord Mortimers head: ) flies to Bristol, in the Castle whereof the elder Spenser was taken, by the Queens Forces, and without any formal trial, cruelly cut •• alive and quartered; being first at the clamours of the people, drawn and hanged in his proper armor upon the common Gallows without the City: After which the King forsaken of all his Subjects flies into Wales for shelter, where • he was taken prisoner, and then by his Lord's and Parliament forced to resign his Crown to his son; confessing That for his many sins he was fallen into this calamity, and therefore had the less cause to take it grievously: That •• much sorrowed for this; that the people of the kingdom were so exasperated against him, that they should utterly abh •• his any longer rule and Sovereignty, and therefore be besought all there present to forgive and spare him being so afflicte • Soone after he was murdered in Barkly Castle: And so the sickness, and wounds which the Commonwealth sustain • by his ill reign, upon the ch •• ge of her Physician, recovered not only health and strength, but beauty also and ornamen • ▪ writes John Speed.

After all this King Richard the second in the ninth year of his reign summoned a Parliament, where •• Michael de la Pole Earl of Suffolk, for cheating the King was put from his Lord Chancellorship of England by th • Parliament, and the Seal taken from him against the Kings will, and given to Thomas Arundell Bishop of Eli Whereupon both Houses gave half a tenth and half a fifteen, to be disposed of as the Lord's thought fit, for th • defense of the Realm. The Parliament was no sooner dissolved, but the King recalls de la Pole and other ill counsellors to the Court, showing them greater favor then before: In so much that at Christmas, the King mad • de la Pole sit at his own table, not in the usual garment o • a Peer, but of a Prince, out of a stomach and hatred again •• the Peers, whom from thenceforth he never regarded but feinedly: and then falls to plot the death of the Duke of Gl • cester and other Nobles, who opposed his ill Counselors; For which purpose he appoints a meeting at No •• ing ha •• Castle, with a few persons generally ill-beloved, ill-advised, and ill-provided. The course agreed upon by th • King and that ill-chosen Senate was, first, to have the opinion of all the chief Lawyers; (who saith Spe •• seldom fail Princes in such turns ) concerning certain Articles of Treason, within whose nets they presum •• the reforming Lord's were; and if the Lawyers concluded those Articles contained Treasonable matters, th •• under a show of justice they should be proceeded against accordingly. The Lawyers (who were the very me •• which in the last Parliament, gave advice to the Lord's to do as they did) now meering were demanded: Whether by the Law of the Land, the King might not disa • ull the Decrees of the last Parliament? They jointly answe • ed, he might, because he was above the Laws; (a most apparent error) confessing; that themselves had in th • Parliament decreed many things, and given their judgment, that all was according to Law, which they acknowledge • to be altogether unlawful. The King thus informed, appointeth a great Council at Nottingham, and witha •• sends for the Sheriffs of Shires, to raise Forces against the Lord's; who denied, saying, that they could not rais • any competent Forces or Arms against them, the whole Counties were so addicted to their favors; and being forth • willed; to suffer no Knights to be chosen for their shieres, but such as the King and his Counsel should name; they a • swered; that the election belonged to the Commons, who favored the Lord's in all, and would keep their usual customs; (a good president for our present Sheriffs) whereupon they were dismissed. Then were the Lawye • and Judges ( Robert Tresilian and his companions) called before the King, to determine the judgments of Treason against the Lord's to be legal and to set their Seals thereto, which they did: Mean time the King and Duke of Ireland sent messengers to hire what Forces they could, That they might stand with them if need we •• against the Lord's in the day of battle: Many of which answered, that they neither could nor would stand against th • Lord's, whom they knew for certain intimately to love the King, and to endeavor all things, study all things, do a •• things for his honor: yet many out of simplicity, thinking themselves to be hired, promised to be ready upon the King • • o •• ce▪ The Lord's hearing of these proceedings were much sadded; being conscious to themselves •• no 〈…〉 •• rthy the Kings so great indignation. The Duke of Gloucester sent his purgation upon Oath by the Bishop •• London, to the King; w • o inclining to credit the same, was in an evil hour diverted by de la Pole▪ • he Duke hereupon makes his and their common danger known to the rest of the Lord's: upon which • ey severally gather forces, that they might present their griefs to the King; How he favored Tray • rs, not only to them, but to the Public, to the imminent danger of the Realm, unless it were spee • lie prevented. The King on the other side (by Trayterous Cōunsellours advise) sought how to take • em off single, before they were united: but in vain, by reason their party was so great. Mean time, • me peaceable men procured, that the Lord's should repair safe to Westminster, and there be heard. Thi • er approaching, they are advertised by some, (who had sworn on the Kings behalf for good dea •• g to be used during the interim) that in the Mewes by Charing-Cross, a thousand armed men (which • ithout the Kings privity Sir Thomas Trivet, and Sir Nicholas Brambre Knights, were reported to have •• d for their destruction) attended in ambush. The King swears his innocence, promising safe con •• ct to the Lord's if they would come; who thereupon came strongly guarded, and would trust no longer▪ • he King sitting in royal State in Westminster Hall; the Lord's present themselves upon their knees before • m: and being required by the Lord Chancellor; Why they were in warlike manner assembled at • aring gye Park, contrary to the Laws? their joint answer was: That they were assembled for the good of the • ing and kingdom, and to weed from about him, such Traitors as be continually held with him: The Traitors • ey named to be, Robert de Vere, Duke of Ireland; Alexander Nevill, Archbishop of York; Michael de • Pole, Earl of Suffolk; Sir Robert Tresilian, that salse Justiciar: Sir Nicholas Brambre, that false Knight • London, with others: To prove them such, They threw down their Gloves, as gages of challenge for a tri • l by the Sword. The King hereupon replied, as knowing they were all hidden out of the way; This • all not be done so, but at the next Parliament (which shall be the morrow after Candlemas) all parties shall • ceive according as they deserve. And now to you my Lord's; How or by what authority durst you presume to levy • orces against me in this Land? did you think to have terrified me by such your presumption? Have not I men and • mes, who (if it pleased me) could environ and kill you like sheep? Certainly in this respect I esteem of • u all no more then of the basest Scullions in my Kitchins. Having used these, and many like high words, • e took up his Unckle the Duke from the ground, where he kneeled, and bade all the other rise. The • st of the conference was calm, and the whole deferred till the next Parliament, then shortly to be hol •• n at Westminster. In the mean time (that the world might see, how little able the King was to equal • s words with deeds) a Proclamation was set forth, in which the King (before any trial) cleareth the • ords of Treason, names those persons for unjust accu • ers, whom the Lord's had before nominated. The • ords nevertheless thought not good to sever themselves, but kept together for fear of the worst; which • ll out for their advantage: For the Duke of Ireland (with the Kings privity, such was his false dissim • • tion) had gathered a power in Wales, and Cheshire: which they intercepting near Burford and Bablecke • ew Sir William Molineux, leader of the Cheshire men, and made the Duke to fly in great fear. A • ong the Dukes carriages was found (as the devil, or rather God would have it) certain Letters of the • ings to the said Duke, by which their Counsels were plainly discovered. The Lord's hereupon • arch with speed up to London, having an Army of forty thousand men, the Lord Major and City doubt • ll whether to displease the King or Lord's, upon consultation receive the Lord's into the City, and sup • y their Army with provisions in the Suburbs; Which the King hearing of, seemed to slight them, say • g; Let them lie here till they have spent all their goods, and then they will return poor and empty to their • uses, and then I shall speak with and judge them one after another. The Lord's hearing this, were exceed • gly moved, and sw • re, They would never remove the • e, till they had spoken with him face to face. And • rthwith sent some to guard the Thames, lest the King should slip out of their hands, and then sco •• e at • em. The King being then in the Tower, and seeing himself every way encompassed, sent a message •• the Lord's; that he would treat with them; who thereupon desired him, That he would come the ne •• • y to Westminster, where they would declare their desire to him: The King replied, That he would not treat • ith them at Westminster, but in the Tower, To which the Lord's answered, That it was a suspicious place, •• cause trains might there be laid for them, and dangers prepared to destroy them; Whereupon the King • nt word, They sh • uld send thither two hundred men or more, to search and view all places, lest any fraud should • e hid. Upon which the Lord's repaired to the Tower, and in the Kings Bed-chamber, laid open to •• m briefly, all his conspiracy, in causing them indirectly to be indicted; They object to him his mutability, • d underhand working, producing his own Letters to the Duke of Ireland, to raise an Army to destroy them; • gether with the French pack • s they had intercepted; whereby it appeared he had secretly practiced to fly with • e Duke of Ireland into France, to deliver up. Calais to the French Kings possession, and such pieces as the • rowne of England held in those parts; whereby his honor might diminish, his strength decay, and his fame • erish. The King seeing this, knew no • what to do, especially because he knew himself notably • e • ressed. At last craving leave, they left him confounded and shedding tears, yet upon condition, that • e should come to Westminster the next day, where he should hear more, and trea •• of the necessary affairs of the Kingdom: Which he promised to do, retaining the Earl of Darby to sup with him. 〈…〉 before he went to bed (O the fickleness of weak Princes, and faithlessenesse of their royal words a 〈…〉 Protestations!) some whisperers telling him, that it was not decent, safe, nor honorable for the King 〈…〉 go thither, he changed his resolution. The Nobles hearing this, were very sad, and discontented, a 〈…〉 thereupon sent him word, That if he came not quickly according to appointment, they would choose them anoth 〈…〉 King, who both would and should obey the Counsel of his Peers. The King struck with this dart, came t 〈…〉 next day to Westminster, there attending his Nobles pleasures.

To whom (after few discourses) the Nobles said; That for his honor and the benefit of his kingdom, all T 〈…〉 tors, whisperers, flat▪terers, evil instruments, slanderours, and unprositable persons should be banished out of b 〈…〉 Court and company, and others substs • uted in their places, who both knew how, and would serve him more honora 〈…〉 and faithfully. Which when the King had granted (though with sorrow) they thought fit that Al 〈…〉 an • er Nevill Archbishop of York, John Fordham, Bishop of Durham, with sundry other Lord's, Knights a 〈…〉 Clergy men should be removed and kept in strait prison, to answer such accusations as should be object 〈…〉 against them the next Parlia. Whereupon they were apprehended forthwith and removed from the Co 〈…〉 After the feast of Purification, the Parliament (much against the Kings will, who would have shifted it 〈…〉 at that time) began at London. The first day of the Session, Fulthorpe and all the rest of the Judges w 〈…〉 arrested,▪ as they sat in judgment on the Bench; and most of them sent to the Tower: for that having fi 〈…〉 overruled the Lord's with their Counsels and direction, which they assured them to be according to Law, 〈…〉 afterward at Nottingham, gave contrary judgment to what themselves had determined formerly. Tresilian t 〈…〉 chief Justice prevented them by flight, but being apprehended and brought back to the Parliament 〈…〉 the forenoon, had sentence to be drawn to Tiburne in the afternoon, and there to have his Thro 〈…〉 cut, which was done accordingly.

The King seeing these proceedings by advise of his ill Counselors, absented himself from his Parliament, and sent Michael de la Pole then Lord Chancellor to demand four fifteenes in his name, • f the Commo 〈…〉 for that without less he could not maintain his estate and outward war. To which the body of the Parliame 〈…〉 made answer; that without the King were present, they would make therein no answer; and that unless the Ki 〈…〉 would remove him from his Chaneellorship, they would no further meddle with any Act this Parliament. Th 〈…〉 King upon this sent to the Commons, that they should send to Eltham, (where he then lay) 40. of the wis 〈…〉 and best learned of the Commons, who in the name of the whole house should declare unto him their mind. Up 〈…〉 which message the House were in more fear then before; for there went a talk, that the King intended 〈…〉 betray divers of them, which followed not his mind, either that way, or at a banquet appointed to be made purpose • lie a • ▪ London, if Nicholas Exton the Major of London would have consented thereunto; at which time t 〈…〉 Duke of Gloucester should have been taken. Wherefore the Lord's and Commons assembled together, agree 〈…〉 with one assent, that the Duke of Gloucester, and Bishop of Eli should in the name of the whole Parliament be se 〈…〉 to the King to Eltham; which was done, and the King well pleased that they should come. When they cam 〈…〉 into his presence they most humbly saluted him, and said. Most high and redoubted Sovereign Lord, the Lor 〈…〉 and Commons of this your Parliament assembled, with most humble subjection unto your most royal Majesty, desi 〈…〉 your most gracious favor; so that they may live in tranquility and peace under you, to the pleasure of God a 〈…〉 wealth of the Realm. On whose behalf we also show unto you, that one old statute and laudable custom is approve 〈…〉 which no man can deny; That the King our Sovereign Lord may once in the year lawfully summon his high Cou 〈…〉 of Parliament, and call the Lord's and Commons thereunto, as to that which is the highest Court of this Real 〈…〉 ▪ In which▪ Court all equity and justice must shine, even as the Sun when it is at the highest, whereof poor and ri 〈…〉 may take refreshing: where also must be reformed all the oppressious, wrongs, exactions and enormities within t 〈…〉 Realm, and there to consult with the wise men for the maintenance of the Kings estate. And if 〈…〉 might be known that any persons within the Realm or without intended the contrary, there also m 〈…〉 be devised how such evil weeds might be destroyed. There also must be studied and foreseen, that if a 〈…〉 charge do come upon the King and his Realm, how it may be well and honorably supported and sustained; Hither 〈…〉 to it is thought by the whole Realm, that your Subjects have lovingly demeaned themselves to you in aiding 〈…〉 with substance to the best of their powers; and they desire to have knowledge, how and by whom these goods be spe 〈…〉 One thing resteth, yet to declare in their behalf unto you: how that by an old Ordinance, they have an Act, if t 〈…〉 King absent himself 40. days not being sick, but of his own mind (not heeding the charges of his people, 〈…〉 their great pains) will not resort to his Parliament; they then may lawfully return home to their houses: And 〈…〉 sir, you have been absent a longer time, and yet refuse to come amongst us; which greatly is our discom 〈…〉 fort. (And our Parliaments present case:) To this the King answered by these words. Well we do con 〈…〉 der that the people and Commons go to rise against us; wherefore we think we can do no better then to ask a 〈…〉 of our Cosin the French King, and rather submit us to him, then to our own Subjects. The Lord's answered: S 〈…〉 that Counsel is not best, but a way rather to bring you into danger For it is well known, that the French King 〈…〉 your ancient enemy, and your greatest adversary: and if he set foot once within your Realm, he will rather dispo 〈…〉 you, invade you, and depose you from your estate royal, then put any hand to help you, &c. And as th 〈…〉 King cannot be poor that hath rich people; so cannot he be rich that hath poor Commons. And all these inconven 〈…〉 〈…〉 es be comne by the evil Counsel which are about you. And if you put not your helping hand to the redress • he premises, this Realm of England shall be brought to naught and utter ruin, which clearly should be laid 〈…〉 our default, and in your evil Counsel: Seeing that in the time of your Father, this Realm throughout all the 〈…〉 rld was highly esteemed, and nothing ordered after these ways. Wherefore we be sent unto you, to exhort you, to 〈…〉 uester all such persons as might be the ▪occasion of ruin either of you or else of your Realm. By these good 〈…〉 swasions the King was appeased, and promised within three days after to come to the Parliament, and to 〈…〉 descend to their Petitions; And according to his appointment he came. Where soon after John Fordham 〈…〉 hop os Durham was discharged of the Treasurourship and the Bishop of Hereford ser in his place; de la 〈…〉 le was put from his Chancellourship for divers crimes, frauds, briberies and treasons, by him come 〈…〉 tted, to the prejudice of the King and his Realm, committed to the Tower, and fined 20. thousand 〈…〉 rkes to the King, in relieving of the Commons: Divers other Judges, Knights, and Delinquents of all 〈…〉 ts were condemned, and executed, others banished and their states confiscated; others put out of office 〈…〉 this Parliament, as you may read in our Histories, and in the Statutes at large: in which Statutes the 〈…〉 schievous effects of these evil Counselors to King, Kingdom and people are at full related, whereby 〈…〉 e King and all his Realm were very nigh to have been wholly undone and destroyed: the Lord's • ay • g of Forces against them resolved to be lawful; and these traytorous Delinquents made uncapable of 〈…〉 y pardon; and their raising of Arms against the Parliament and kingdom, (though with the Kings 〈…〉 ne consent and his command) declared and enacted to be high Treason. These proceedings ratified 〈…〉 d assented▪ to in Parliament by the King, much against his will, wrought an intolerable secret 〈…〉 tread and desire of revenge in his heart against the Lord's, which for want of power he concealed near 〈…〉 years space; but in the 20. year of his reign, being somewhat elevated in his spirit with a rumour 〈…〉 at he should be elected Emperor; he suddenly apprehended the Duke of Gloucester, the Earls of Warwick 〈…〉 d Arundell (the chief sticklers in the premises) committing them to several prisons: And to blind the 〈…〉 ples eyes, lest they should riseup in Arms to rescue these Lord's; the King sent out a feigned Proclamation, which he caused to be proclaimed throughout the Realm) that these Lord's were apprehended only for 〈…〉 w Treasons committed against him, for which he would he prosecute them in the next Parliament, and not for the 〈…〉 trepasses: After which he proclaims those Lord's Traitors.

Which done he summoned a Parliament at Westminster, to this Parliament the King commanded to 〈…〉 me all such as he had best confidence in, omitting the rest; and the Knights were not elected by the Commons, 〈…〉 custom required they should be, but by the Kings pleasure; yea, he put out divers persons elected, and put in other 〈…〉 their places to serve his turn: which was one Article objected against him when he was deposed. Against 〈…〉 e time of this Parliament, the King received a guard of 4000. Archers, all Cheshire men, as if he would 〈…〉 ve gone in battle against enemies, so that divers came armed to the Parliament out of fear. These 〈…〉 eshiere men were rude and beastly people, and so proud of the Kings favor, that they accounted the 〈…〉 ng to be their fellow, and set the Lord's at naught, though few of them were gentlemen, but taken from the 〈…〉 ough and other trades. After these • usticall people had a while courted, they grew so bold, that they 〈…〉 uld not let neither within the Court nor without to beat and slay the Kings good Subjects (as the Cavaliers do 〈…〉 w) and to take from them their victuals at their pleasure, paying little or nothing for them, and to ravish their 〈…〉 ves and daughters: And if any man persumed to complain to the King of them, he was soon rid out of 〈…〉 way, no man knew why, nor by whom: so that in effect they did what they listed. In this Parliament 〈…〉 King having made the Speaker, and a great part of mercenary, proud, ambitious men of the Commons 〈…〉 use to be of his side, to act what he required them; he then prevailed likewise with the upper house, 〈…〉 with the Prelates, then with the Lord's, more out of fear of him, then any reason, by means where 〈…〉 the Commission, Charters of pardon, and Acts made in Parliament in the 10. and 11. year of his reign 〈…〉 re quite revoked and declared void in Law, as being done without authority and against the will and 〈…〉 ertie of the King and of his Crown: And withal they declared the Judges opinions for which they were 〈…〉 demned in that Parliament, to be good and lawful, and attainted the said imprisoned Lord's of high 〈…〉 eason, and confiscated their lands. The two Earls hereupon were beheaded, and the Duke (by reason 〈…〉 is p • pulat • tie) smothered, only for their former actions; which done, the King adjourned the Par 〈…〉 ent to Shrew • bury where he subrilly procured an Act to pass by common consent, that t • e power 〈…〉 he Parliament should remain in seven or eight persons, who (after the Parliament dissolved) should deter 〈…〉 e certain petitions delivered that Parliament; and not dispatched. By color whereof, Those Commit 〈…〉 proceeded to other things generally touching the Parliament, and that by the Kings app 〈…〉 meant, in derogatien 〈…〉 he state of the Parliament, the dis • ommodity and pernicious example of the whole Realm▪ And by color 〈…〉 Authority hereof, the King caused the Parliament Rols to be altered and defaced, against the effect of the 〈…〉 said grant. After which he much vexed and oppressed his people with divers forced Loanes, Oaths, 〈…〉 positions, and oppressing Projects to raise money, seeking to trample them under his feet▪ and 〈…〉 roy the Realm; and took all the Jewels of the Crown with him into Ireland without the Kingdoms 〈…〉 sent▪ Which rendered him so odious to his people, that Henry Duke of Lancaster, landing in England, the whole kingdom came flocking to his aid, so that he had an Army of 60000. men in a short time; who v 〈…〉 ed to prosecute the Kings ill Counselors. Whereupon King Richard returning out of Ireland, hearing 〈…〉 the Dukes great Army assembled against him, and knowing that they would rather die then yield, 〈…〉 of their hatred, and sear of him, he dismissed his Courtiers, hiding obscurely in corners till he was a 〈…〉 prehended, and by a Parliament summoned in his name (though against his will) judicially deposed 〈…〉 his misgovernment.

Among which Articles of his misgovernment, for which he was judicially dethroned, these are rema 〈…〉 able. First, That he was • fully spent the Treasure of the Realm, and had given the possessio • s of the Crow 〈…〉 to men unworthy, by reason whereof daily new charges more and more, were laid on the necks of the poor C 〈…〉 monalty. And when divers Lord's were appointed by the High Court of Parliament to commune and t 〈…〉 of divers matters concerning the Common-wealth of the same, which being busy about those Commissions, he 〈…〉 other of his affinity, went about to impeach them of high Treason, and by force and threatening, compelled 〈…〉 Justices of the Realm at Shrewesbury, to condescend to his opinion, for the destruction of the said Lord's; 〈…〉 so much that he began to raise war against John Duke of Lancaster, Thomas Earl of Arundell, Rich 〈…〉 Earl of Warwick, and other Lord's, contrary to his honor and promise.

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

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

Item, He hath compelled divers of the said Lord's servants and friends, by menace and extreme pains, 〈…〉 make great sines to their utter undoing. And notwithstanding his pardon to them granted, yet he made the fine of new.

Item, That he put out divers Sheriffs lawfully elected, and put in their rooms, divers of his own Mi 〈…〉 ons, subverting the Law, contrary to his Oath and Honor.

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

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

Item, He taxed men at the will of him and his unhappy Council, and the same Treasure spent in folly, not pay 〈…〉 poor men for their victual and viand.

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

Item, The Parliament settling and enacting divers notable Statutes for the profit and advancement of the Co 〈…〉 monwealth, he by his private friends and solicitors, caused to be enacted; That no Act then enacted should 〈…〉 more prejudicial to him, then it was to any of his Predecessors, though with proviso he did often as he listed, 〈…〉 not as the Law meant.

Item, That he at his going into Ireland, exacted many notable sums of money, besides Plate and Jew 〈…〉 without Law or custom, contrary to his Oath taken at his Coronation.

Item, That without the assent of the Nobility, he carried the Jewels, Plate, and Treasure of the kingdom o 〈…〉 the Sea, in to Ireland, to the great impoverishing of the Realm. And all the good Records for the Comm 〈…〉 wealth, and against his extortions, he privily caused to be imbezeled and conveyed away.

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

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

Item, He craf • ily devised certain privy Oaths, contrary to the Law, and caused divers of his Subjects, f 〈…〉 to be sworn to observe the same, an • after bound them in bonds for the firmer keeping of the same, to the great 〈…〉 doing of many honest men.

Which how parallel they are to the late and present Court Practises, and Doctrines of our times, 〈…〉 wise men determine. The King being thus Judicially dethroned in Parliament, Henry the fourth 〈…〉 the same Parliament, (which continued notwithstanding Richards deposition who summoned it) 〈…〉 created King, who in the first Parliament of his Rain, reversed, and annulled as illegal, the P 〈…〉 liament of 21 Rich. 2. with all its Acts, Circumstances and dependants; and revived that of 11 Rich. 2. 〈…〉 all points, as made for the great honor, and common profit of this Realm. To these I might add t 〈…〉 Rebellious insurrectious of Richard Scroope, Arch-bishop of York, the Earl of Northumber land, a 〈…〉 their Complices, against King Henry the fourth, Anno 1405. to reform the State and government, 〈…〉 lieve the Church and Common weal, and Depose King Henry in and by a forced Parliament. The insurrection of the Popish Nobles against King Stephen, for violating his Oath, touching Forrests, and 〈…〉 there immunities of Church and Commonwealth, which they would force him • o confirm; the several insurrections of Jacke Cade, Jacke Straw, Wat▪ Tyler, and their Popish Vulgar rabble, to force their King▪ to call Parliaments, to alter and repeal old Laws, enact new, displace offensive great Officers, promote new ones of their nomination, to ratify what propositions they required, and subvert the government of the Real 〈…〉 : with the several Rebellions of the Popish Lincoln-shire and York-shire men, under Doctor Mackarell, a Monk, and some men of quality in Henry the 8▪ his reign; Of the Cornish men, Norsolke men, Ket▪ and others in Edward the 6. his rule; of the Popish Earls of Northumberland, Westmorland, and other Northern Papists in Queen Elizabeth's days, by force of Arms to compel • these several Princes to summon Parliaments to repeal all Laws against Mosse and Popery, and for the establishment of the Protestant Religion, with other Acts concerning the government of the Common-wealth, to enact divers new Laws and propositions; which they demanded, to remove great Officers and privy Counselors from their places, and the like▪ All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects, being done without any preceding Order or resolution of both houses, representing the whole Kingdom, and against the general consent of the people. But I shall conclude with one ancient▪ president more, in one of our be •• Kings reigns, In 25. E. 1. The Lord's and Commons in Parliament grievously complained and Petitioned to the King against divers taxes, tallages, and pris • ges wherewith they were oppressed by him, to the great impoverishing of the Realm; against the violation of Magna Charta, the Charter of the Forest, the imposition upon Woolls, and their sommons to go with him into Flanders, to which they were not bound by Law▪ The King excusing these taxes, by reason of his necessity to maintain the wars, and giving them a dilatory answer; the Earl Marshall, and Hereford withdrew themselves from Parliament, and with their complices, commanded the Barrons of the Eschequor not to levy the 8. penny of the people, granted to the King at S. Edmond's; and induced the Citizens of London to join with them to recover their Liberties. Whereupon the King sending to them for peace, they would condescend to no peace but on these terms; That the King should confirm Magna Charta, and Charta de Forresta, with the other Articles to them annexed; that he should enact and take no ayds, tax, or tallage from the Clergy or Commons without their common consent in Parliament, and that he should remit all offenses to these Earls, and their confederates, all which the King ratified by his Charter at large, by his oath, and by a solemn excommunication of the Bishops twice every yeate, of all those who should transgress this Charter of his; For which the Laity gave him the 9▪ and the Clergy the 10. penny of their goods. And because this confirmation was made in Scotland, the Kings, and divers others promised for him, that he should confirm it when he came into England, which they pressing him to do in a Parliament at London, in the 27. year of his Reign; after some delays, he ratified it with this addition in the close; saving the right of our Crown, which when the Lord's heard, they departed home in great discontent; but the King re-sommoning them at quinidena Pasche, granted all things absolutely according to their desire, committing the per-ambulation of the Forests throughout England to 3. Bishops, 3 Earls, and 3. Barrons, to settle their bounds according to God and justice: which not being speedily executed but neglected (the King having purchased a dispensation of his oath, wherewith he had ratified his foresaid Charter, from the Pope) 〈…〉 ereupon the King holding a Parliament at Stamford, the 29. of his Reign, the Lord's and Barrons repaired thither with great store of horses and Arms, with a purpose to extort a • ull execution of the Charter of the Forest hither to deferred: upon which the King, considering their earnestness and importunity, condescended to their will in all things.

Sixthly, Parliaments, Lord's and Prelates in former times have affirmed; that when a Parliament was once met together by lawful sommons, it might not be dissolved or discontinued again at the Kings mere pleasure, till all the public affairs for which it was called were dispatched, all grievances redressed, and all Petitions exhibited therein, fully heard, and answered; agreeable to the resolution of the great Councils of Basil, Constance, and divers Popish Writers, that a general Council once lawfully summoned by • he Pope and met, cannot be dissolved by him again at his pleasure, without the Councils consent, before all the Churches affairs be therein settled: Upon which resolution th • se Coun • ells continued together and deposed sundry Popes notwithstanding their Bulls to dissolve them, to keep themselves in their chairs. This is apparent; first by the Ancient Treatise, Of the manner of holding Parliaments in England: which informs us; That the first day of the Parliament, public Proclamations ought to be made in the City or Town where the Parliament is kept; That all those who would deliver Petitions or Bills to the Parliament, should deliver them in a certain time: That the Parliament should not depart so long as any Petition made thereto • angeth undiscussed or undecided, or at the least to which there is not made a determinate answer: the Kings Majesty being desirous of his grace and favor to give the • ubject redress of any injury, not to suffer his people to go unsatisfied. Hence departing of the Parliament OVGHT TO BE in such manner. First IT OVGHT TO BE demanded, yea and publicly proclaimed in the Parliament, and within • he Palace of the Parliament, whether there be any that hath delivered a • etition to the Parliament, and • ath not received answer thereto? If there he none such, it i • supposed that everyone is satisfied, or else answered unto at the least, So far forth as by Law it may be. And then all may depart. Hence it wa • , that in 21. R. 2. c. 16. 17. 18. 19. divers Petitions not read nor answered in Parliament by reason of shortness of time, and not determined sitting the Parliament, were by special Acts of Parliament referred to divers Lord's and Commons, to examine, answer, and plainly determine all matters contained in the said Petitions, as they should think best by their good advise and discretion; even out of Parliament; which they heard and determined accordingly, and made binding Acts thereupon, as appears by the statutes themselves. This Doctrine was very well known to King John, Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed, and deposed most of them, sitting and continuing sitting, both before and after their deposing sore against their wills, as the fore-remembered histories manifest; else no doubt they would have broken up all these Parliaments at their pleasure, and never permitted such Acts & Judgments to pass against themselves, Favorites, ill Counselors, pretended Prerogatives, had they lawful power to dissolve them, summoned in their names, or the Parliaments actually determined by their depositions, or resignations, as we find they did not, and none ever yet held they did. King Richard the 2 fearing the loss of his Crown, or some restraints by Laws, in the 11. year of his reign, proposed this question among others, to his Judges at Nottingham Castle; which (for ought I find) was never doubted before. Whether the King whensoever pleaseth him, might dissolve the Parli • meant, and command his Lord's, and Commons to depar • from thence or not? Whereunto it was of one mind answered, that he may: and if any would proceed in the Parliament against the Kings will, he is to be punished as a Traitor. For which opinion and others, some of these Judges and Lawyers (as Trysi • ian & Blake ) were condemned of high Treason the next Parliament 11. R. 2. drawn upon a hurdle to Tyburne, and there executed, as Traitors to the King and Commonwealth: others of them ( who delivered their opinions rather out of fear of death, and bodily tortures then malice ) were yet condemned as Traitors and banished the Kingdom, only their lives were spared. True it is, that the packed and over- • wed Parliament of 21. R. 2. (terrified by the Kings unruly great guard of Cheshire Archers fore-mentioned) 21. R. 2. c. 12. being specially interrogated by the Ki • g; how they thought of these answers of the Judges, said; That they thought they gave their answers duly and faithfully, as good and lawful l • ige people of the King ought to do: But yet the Parliament of 1 H. 4. c. 3. 4. repealed this Parliament of 21. R. 2. with all its circumstances and dependents, revived the Parliament of 11 R. 2. with the judgments and proceedings, given against these treacherous temporising Judges, as a thing made for the great honor and common profit of the Realm. Besides, the Statutes of King Alfred, and Edward the 3. (which enact, that a Parliament shall be holden once every year, and oftener if need be, for redress of mischiefs and grievances which daily happen) strongly intimate, that if a Parliament ought in Law to be called as often as need is, of purpose to redress the Subjects grievances and mischiefs; then it ought not in point of Law to be dissolved, till these grievances, and mischiefs be redressed; else the sommoning of it would be to no purpose, and bring a great trouble and charge to the whole kingdom, without any benefit at all; Moreover the King by his Oath, is bound to do equal justice and right to all his Subjects in all his Courts of justice: In Magna Charta c. 29. he makes this Portestation; We shall deny nor defer to no man, either Justice or right: and by sundry other Acts, all the Kings Judges are sworn and commanded, to do even Law and execution of right to all his subjects rich or poor, without having regard to any person, and without letting or delaying to do right for any Letters, Writs, or Commandments that shall come to them from the King or any others, and shall do nothing by virtue of them, but go forth to do the Law, and hold their Courts, and Processes where the Pleas and matters be depending before them, notwithstanding, a • if no such Letters, Writs, or Commandments, were come unto you. The makers therefore of these O • thes and Laws (in days of Popery) and the Parliaments of 2. E. 3. c. 8, 14. E. 3. c. 14. 1. R. 2. c. 2. which Enact. That it shall not be commanded by the great seal or little seal, to delay or disturb common right, and though such commandments do come, the Justices shall not therefore leave to do right in ANY POINT, that Justice and right be indifferently ministered to every of the Kings Subjects: did certainly believe, that the King neither by his great nor privy seal, nor by Writ or Letter could without just or lawful cause assigned, prorogue or adjourn the Te • me or sitting of any Courts of Justice, much less prorogue or dissolve his highest Court, and grand Counsel of the Realm, the Parliament, or disable them to fit to redress the Kingdoms and subjects several grievances, or secure the Realm from danger; Which if he might lawfully do at his pleasure, without the Houses joint assents, there would necessarily follow, not only a deferring and denial, but likewise a fayler of Justice in the highest Court or Session; which these Acts disable the King (who is so far inferior to the Law, that he cannot so much as delay the smallest proceedings of it in any Court or Session; by his supreme power, by any means whatsoever) to effect in his meanest Courts, much less then in the greatest; from whence the subvertion of Laws, Liberty, Justice, and the whole Realm would ensue. If any therefore cavil at the All for the continuance of this Parliament, till both houses shall agree to adjourn or dissolve it; or at the Bill for Trienniall Parliaments, which when they meet, shall not be dissolved without their consents for 40. days space next after their first meeting: Let them now learn, that this is no Innovation, nor encroachment on the Crown, but an ancient Privilege of Parliament, both claimed, practiced and resolved in times of Popery, in an higher degree then now it is. And thus you see how in these particulars, the Popish Parliaments, Prelates, Lord's and Commons in former times, have claimed and exercised far greater Privileges and Jurisdictions, then this or any other P • orestant Parliament hath hitherto claimed or practiced: which I hope will forever silence the clamourous tongues of all ill Counselors, Courtiers, Royalists, Malignants, Papists, and Cavaliers against the present Parliament, of whose highest (ye • moderate) proceed • ngs, themselves alone have been the occasions, and therefore (of all others) have least cause to complain against them.

But to return again to the first grand Objection. Thirdly I answer, that the High Court of Parliament, and whole kingdom which it represents, may in divers respects be truly and properly said, to be the Highest Sovereign power of all others, and above the King himself; which because it may • eeme a dangerous paradox, and tends much to the vindication both of the Privileges, Honor, and • urisdictions of our High Court of Parliament, (now so much undervalued, because not really known to most) and to the justification of the proceedings in this present Parliament, which many out of ignorance and malice so much declaim against both by Word and writing, in a most licentious manner; I shall take a little liberty to demonstrate the truth of it, by such convincing reasons of Authorities, as no rational man (I hope) shall be able to contradict, but must necessarily submit to.

First, it is undeniable that the Court of Parliament hath a lawful power, to question all the Kings Pa • ents, Charters, Commissions, Proclamations, Grants, Warrants, Writs, and Commitments whatsoever, whether they be Legal? yea to cancel or repeal them in case they be illegal, mischievous, or onerous to the Subject, not only without but against the Kings consent, and mandate to the contrary; as appears by infinite presidents in this and all former Parliaments, the scourges of Monopolists, Patentees and Projectors, the Pests of the Commonwealth. The like power have all other Courts of Justice within the Kingdom in some degree, when such Charters and Writs of the King are brought judicially before them, because they are Courts of the Law, to which the King and all his Actions are and must be subject. Now that which can thus question, cancel, disannul, revoke the Kings own royal Charters, Writs, Commissions, Patents, &c. though ratified with the great seal and regal power, even against his will, must certainly be a Sovereign power and Authority, which in point of Law and Justice is fu • eriour to the King, This is Bractons resolution, l. 2. c. 16. f 34 a, and Fletaes l. 1. c. 17. Where • hey affirm, the Law and Parliament to be above the King, because they may censure, judge, and rescinde the Kings Acts and Charters, legally and judicially, even against his personal, though not legal Will, which • s the Law.

Secondly, It is unquestionably true, that in all cases of difference between the King, and all or any of his Subjects, though they concern the Kings Prerogative and the highest branches thereof, the Parliament is the supremest and most proper judge, and its resolution (from which there is no appeal • o any higher tribunal) shall finally bind not only all the subjects, but the King himself, notwithstanding his own personal disassent. This is manifest by the many late resolutions given in Parliament against sundry Patents, Commissions, Writs, Charters, Impositions, Loanes, Shipmoney, Forest-Bounds, Marshall Law, Pressing and • illetting soldiers, Imprisonment by special Command of the King or his Privy Counsel, Tonnage and Poundage, Knighthood and Taxes, The Commission of Array, and • he like, which oblige both King and Subject; the King in receiving justice, in such cases, being subject • o the Law as well as the meanest of his subjects; as Bracton truly avers, against all Royalists mistakes. Now that which can thus finally conclude and bind the King himself, even volens nolens, • n cases of highest concernment, entrenching farthest upon his Prerogative Royal, must doubtless • e the most Sovereign power, Superior to the Kings. And in this sense every Court of Justice whose just resolutions, and every petty Jury, whose upright verdicts oblige the King (because war • anted by the Law which is paramont, the King (as Bracton, Fleta, Fortescus, King James, Edward the Conf • ssor; yea and (q) Aristotle, resolve) may be truly said to be above the Kings • erson, which they bind; but not above the Parliament, which by its suparlative power may examine • ll judgments and verdicts in other Courts by way of error, or appeal, and reverse them if there be •• use, when as the King in person cannot by law examine or reverse them, but only in his Courts • f Justice, by his Judges.

Thirdly, Parliaments oft times do, and may as they see cause, enlarge the Kings Prerogative and Royal • ower in sundry particulars, in which the King had no such jurisdiction before these Acts; witness the • tatute de Praerogativa Regis. 25. H. 8. c. 19. 20, 21. 26. H. 8. c. 1. 3. 31. H. 8. c. 8. 9. 34. & 35. H. • . c. 23. 27, H. 8. c. 15. 28. H. 8. c. 7. 17. 3. & 4. E. 6. c. 11. 12. 1. Eliz. 1. 2. with sundry more. Now that Parlimentary power, which only can create and confer on Kings a greater regal Authority and Prerogative then they had before; must needs be the Original and supreme authority: for as we rightly argue that the Kings Authority is superior to all other his greatest Officers and subordinate Ministers of Justice, because their power is by Patent, or Commission derived from his: So we may from the self-same reason conclude; that the High Court of Parliaments power (the representative body of the whole kingdom) is the most primitive, sovereign, and greatest authority of all other, yea larger and higher than the kings; because it only can enlarge the Kings prerogative, whose original or additional Royalties, proceed not from the king himself, or his Ancestors own inherent hereditary power, (for what king could justly without his people's consents, usurp a Crown or lawful royal Prerogative to himself, over an whole Country?) but merely from the voluntary consent and grant of his people in the Parliament. This is irrefragably evident not only by the various kinds of kings; whereof some are of greater power and authority, others of less; some by Election, others by succession, by reason of their Subjects original institution; by the diverse alterations of the Monarchy in this kingdom, which hath▪ been sometimes divided into 7. sometimes into 5. sometimes into 3. or two kingdoms, and at last reduced unto one; by the great changes and alterations made in all foreign Realms, which have sometimes multiplied, sometimes diminished the number and power of their Princes, and sometimes quite abolished the royal form of Government, changing it into an Aristocratical or popular rule: by the divine Authority of S. Peter, who in this regard calls Kings and their Supremacy, a human creature, or Ordinance of man, because instituted, limited, and molded into several degrees of power by men over whom they r • igne • by two express determinations of Aristotle in these terms Regna patriis moribus & legibus FVNDATA & CONFIRMATASVNT. And Verum Regnum est imperium, majoribus & praestantioribus viris VOLVNTAT • CIVIVM DELATVM: seconded by Tully, Livy and others, but likewise by Andrew Horne, an eminent Lawyer in Edward the 1. his reign, in his Myrro • r of Justices: Chap. 1. Sect. 2. p. 7. 8. 9. where he thus writes of the original institution of our English Monarchs. After that God had abated the Nobility of the Britons, who rather used force then right, he delivered it to the most humble and simple of all the neighbor Nations, the Saxons; who came from Germany to conquer it, of which Nation there have been 40. Kings, all which held themselves to have COMPANIONS. These Princes called this Land England, which before was named Greater Britain. These after great wars, elected from among them a King to Rain over them, to govern the people of God, and to maintain and defend their persons and goods in peace, by the Rules of Law (or Right:) And at the beginning they caused the King to swear, that he will maintain the holy Christian faith to the utmost of his power, and guide his people by Law, without respect to any person, and shall be obedient to suffer (or undergo) Law, as well as others of his people. And afterwards this Realm was turned to an heritage, according to the number of his Companions, who divided the Realm into 38. Counties, and delivered each one a County, to keep and defend from Enemies, according to every ones estate. And although the King ought to have no P •• res in the Land, yet because if the King of his own wrong should offend against any of his people, neither he, nor any his Commissaries, can be both Judge and Party; OF RIGHT IT BEHOVES, that the King should have COMPANIONS, for to hear and determine in Parliaments all the Writs and Plaints of the wrongs of the King, the Queen, and their children, and of those especially, of whose wrongs they could no • otherwise have common right These Companions are now called Counts, after the Latin Comites; and so at this day these Countries are called Counties, and in Latin Comitatus, &c. Henry de Bracton, who writ in Henry the 3. his reign as in his forecited Passages; so in others, resolves; That the King is under the Law, because the Law makes him a King, by giving him dominion and power: Now how doth the Law thus make him a k • ng, but by the Parliament, the kingdoms great Counsel, by whose counsel and consent alone all Laws were first enacted, and yet are, as the same Author informs us, who further adds▪ That the King ought to be under the Law, because Christ whose Vicar he is on Earth, when he came to redeem mankind, made choice of this way especially to destroy the works of the Devil, using not the strength of his power, but the reason of his justice, and so would be under the Law, that he might redeem those that are under the Law; Thus the Virgin Mary the mother of our Lord, who by singular privilege was above the Law, yet to show an example of humility, refused not to be a subject to Legal Ceremonies. So therefore the King, lest his power should remain unbridled, there ought not to be a greater then he in the Kingdom in the exhibition of Justices; yet he OVGHT TO BE THE LEAST, or AS THE LEAST IN RECEIVING IVDGMENT, if he require it. That a King is created and elected, (by whom but by his kingdom?) to this purpose, to do justice unto all. That a king cannot do anything else in earth (seeing be is God's Minister and Vicar) ni •• id solum quod de jure • otest: but that only which he can do by Law. That God, the Law, and his Court (to wit) the Earls • nd Barons (in Parliament) are above the King, and ought to bridle him, and are thence called Co • ites; because they are the Kings Companions. Fleta an Ancient Law-book, written in King Edward • he third his reign, lib. 3. c. 3. and 17. useth the self same words that Bracton doth; and concludes • hat the King hath a Superior, to wit, God, and the Law, by which be is made a Ki • g, and his Court of Earls • nd Barons; to wit, the Parliament. Fortescue a great Lawyer, Chancellor to King Henry the 6. • roves at large, That the King is not above but under the Law that be cannot alter the Law of Ergland, • or • ay any Taxes at all on his Subjects but by Parliament. That all lawful Kings and Kingdoms were at •• rst created and erected only by the unanimous free assent of the people: that the kingdom of England is a Po • cie, or Aristocratical mixed Government, not an absolute royal Soveraignety; That the King hath his •• yall power DERIVED TO HIM FROM THE PEOPLE, whereby it is unlawful for him to • le his people by any other power: which he prosecutes in sundry chapters too tedious to transcribe, • nd in one word, Raphael Holinshed, John Vowell and others, in their Description of England, • rinted Cum Privilegio, resolve thus of the Parliaments power. This House, hath the most high and • bsolute power of the Realm, for thereby kings and mighty Princes have from time to time been • eposed from their thrones, and Laws are enacted and abrogated; Offenders of all sorts punished, and cor • pted Religion, either disanulled or reformed. It is THE HEAD AND BODY OF ALL THE • EALME, and the place where every particular man is intended to be present, if not by himself, yet by • s Advocate and Attorney: For this cause anything that is there enacted, is not to be withstood but obeyed •• all men, without contradiction or grudge: and to be short, all that ever the people of Rome might do, ei •• er Centuriatis Comitiis, or Tribunitiis, the same is and may be done by the Authority of Parliament. Now the Romans in their assemblies had power to enact binding Laws, to create and elect •• eir Kings and Emperors, and likewise to judge, censure, and depose them: to create and elect all kinds •• Officers, and to change the very form of their State and Government (as I shall hereafter manifest) Therefore by these Authors resolution, the Parliament hath an absolute power to do the like, when • hey see just cause. Sir Thomas Smith one of the Principal Secretaries of State to King Edward the 6. • nd Queen Elizabeth and a Doctor of Law, in his Common-wealth of England, l. 2. c. 1. in the old, but •• ▪ in the last Edition, hath the same words in effect with Holinshead, and adds, that the Parliament gi • eth form of Succession to the Crown, &c. Our kings royal power being then originally derived to • hem, conferred on them by the people's and kingdoms common consents in Parliament, and all their • ew additional Prerogatives too; as the premises evidence, it cannot be denied, but that the whole • ingdome and Parliament, are really in this sense above him, and the most Sovereign prime power, •• om whence all other powers were, and are derived. See Fortescue, c. 9. to 15.

Fourthly, This is undeniable, because the whole kingdom in Parliament, may not only aug • ent, but likewise * abridge, allay, abolish, and resume some branches of the Kings royal power and •• erogative if there be just cause, as when it becomes onorous, mischievous and dangerous to the Sub • ects▪ inconvenient to, or inconsistent with the kingdoms, people's welfare, peace, safety, Liberty, or • he Laws; this is most apparent by Magna Charta; Charta de Forresta, Statutum de Prerogativa Regis; & De Tall • gio non-concedendo. 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. • . 10. E. 3. c. 2. 3▪ 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1, 2. & Stat. 5. c. 8. 11. 36. E. 3 c. 10. • 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. • . 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 • he Petition of Right. 3. Caroli. most Statuts against Purveyens, Pardons, Protections, the Acts made this Parliament against Ship-money, Knight-hood, Forest-bounds, Pressing of Soldiers, the Star-Chamber, High-Commission, the Trienniall Parliament, the Continuance of this Parliament, whiles they please, with sun • ry other Acts, which restrain, abridge, repeal▪ and resume divers real and pretended branches of the • ings royal Prerogative, because they proved grievous, and mischievous to the people, and dangeous and pernicious to the kingdom. This then answers that irrational, groundless position of Doctor Ferne; That the Subjects neither lawfully may, nor ought in any case to resume all or any part of that Regal power wherewith they have once invested their Kings by common consent. Which as it is contrary • o that received principle of nature and reason: Eodem modo quo quid constituitur, dissolvitur, That • ll Governments created by men's consents, may be altered, diminished, or repealed by their consents, •• sundry Presidents and Prophesies in Scripture concerning the alterations, the Subversions, and Dimi • utions of kings and kingdoms; to the constant practice of all Realms and States whatsoever, from • dam till this instant, who have undergone many strange alteratians, eclipses, diminutions, yea Pe •• ods of Government: to the Resolution of Aristotle and all other Polititions, who hold all forms of Government changeable and revocable, without any injustice, if necess • ry or convenient; So likewise • o the very end for which kings haveregall power (as well as other Governors, and Governments) were ordained; to wit, their kingdoms, people's welfare, safety, peace protection, &c. Salus p • puli, being not only that Suprema Lex, but principal end for which all royal power was institute • by God and man, and to which they must submit in case it become in compatible, or cannot consist together without damage or danger to the public safety: what therefore that learned Father Augustine Bishop of Hippo, long since resolved touching the (now much contested for) Lordly State of Episcopacy, which he and near 300. African Bishops more, were then ready to lay down for the Churches peace; I may fitly apply to the now over▪much contended for supposed, royal Prerogatives of kings, to effect Peace in the State, in these times of uncivil military (that I say not bloody) dissensions, raised about them between king and Parliament. An vero, &c. What verily did ou • Redeemer descend from heaven into human members, that we might he his members, and shall we, le • t his very members be rent in pieces with cruel division, fear to descend out of our thrones? we are ordained BP ^• fo • Christian people's • ache, what therefore may profit them for Christian peace, that let us do with our Bishoprics Quod autem sum propter te sim, si tibi prodest, non sim, si tibi obest What I-am, I may be for thee▪ if it profit thee; I may not be, if it be hurtful to thee. If we be profitable servants, why do we envy the • eternal gains of our Lord for our tempot all sublimities or Prerogatives? Our Episcopal dignity will be more fruitful to us, if it shall more unite the flock of Christ then disperse it if retained. If when I will retain my Bishopric I disperse the • lock of Christ, how is the damage of the flock the honor o • the shepherd? &c. Old statute Laws, yea and the common Law of England may be, and oft are repealed and altered by Parliaments, (though above the king and his Prerogative) when they become mischievous •• inconvenient, therefore any branches of the kings Prerogative, inferior to these Laws, when they prove grievous or dangerous to the subjects. It is the kings own professed Maxim, in full Parliamen; Printed and enrolled by his special command, in all his Courts. That the Kings Prerogative is but to defend the Peoples Liberties: when therefore it either invades or subver • them, it may justly, it must necessarily be restrained, diminished or resumed by the Parliament, from whose assent or grant, it first proceeded. The Emperor Otho the first, and our king Richard the second (as some imagine) voluntary resigned, relinquished their Crowns, to their immortal honor, to prevent the effusion of their Subjects blood, by civil wars, and settle peace within thei • Realms: and shall not other kings then most joyfully part with some Punctilioes of their real, o • branches of their supposed Prerogatives for the selfsame ends, if their Parliaments see good cause to resume them, and of right may do it?

Fifthly, The king though he be the chief and principal (yet he is only one member of the Parliament and kingdom, the least (because but one person) though the highest branch; the Lord's and Commons (not elected by, but assigned Counselors to the king, by the kingdom and people) being the greatest and most considerable part, as representing the entire body of the kingdom. Now common reason, Law, and experience manifests that the whole, or greatest part in all politique or natural Bodies, is of greater power & Jurisdiction, then any one particular member. Thus in all our (t) Corporations, the Court of Aldermen and Common Council is of greater power then the Major, though the chief Officer: the Chapter of greater authority then the Dean, the Dean and Chapter then the BPP; the whole Bench, then the Lord chief Justice, the whole Counsel then the President; the whole Parliament then either of the Houses, and by like reason then the king; especially, since one of the three Estates is lesser then the three Estates together, who in Parliament, by the fundamental Constitions of the Realm, are not Subordinate, but Coordinate parts of the same great Common-Council of the kingdom. It is Aristotle's express determination, that in an Oligarchie, Aristocrasie, and Democrasie, whatsoever seems good to the Major part of the Governors of the Common-wealth, that is ratified, and that it is unfit the part should be above the whole: And in all Courts of Justice, Corporations, and Elections, the major part have always had the greatest sway, and constantly over-ruled the less, though it be but by one casting voice; as is evident to all in the Elections of Knights, and Burgesses of, and votes in the Parliament; in which the King, Lord's and Commons by the Common Law make up but one entire Corporation▪ since then even in Parliament it self, the Major part over sways the rest, yea the king himself (who hath no absolute negative voice, but only in refusing to pass some kind of Bills not all (of which more hereafter) doubtless the whole, or Major part of the Parliament (which in Law is the whole) is above the king, the chief member of it. Which consideration, together with the Statutes of 5. R. 2. Stat. 2. c 4. 6. H. 8. c. 16. Enacting, That none elected to be in any Parliament shall depart or absent himself from the same Parliament till it be fully ended or proroged, without special license of the Speaker of the Commons to be entered of record in the jornall Book, under pain of amercement, loss of wages, and other punishment; nor any member of the upper House without that houses license under pain • f inditement, imprisonment or fine; as appears by the Bishop of Winchesters case, 3. E. 3. 19. Fitz. • orone 161. and Stamford, l. 3 c. 1. f. 153) completely answers that fond cavil of the Malignants • nd Royalists against this Parliament; that the king and many of the other members have willfully • bsented themselves from the House, of purpose to dissolve it if they could, notwithstanding the late • peciall Act made by their joyntconsents for its continuance, Ergo this unlawful Action of theirs to effect this pernicious design) must nullify, or at least invalid (in their new non-sense Law and • ogicke) the lawful proceedings of those worthy faithful members who continue in it, to preserve • oth Parliament, Kingdom, Religion, Laws, Liberties, from ruin and dissolution. If these ab • ent members be the greater number, why do they not come and over-vote the rest in the House in peaceable, legal, usual Parliamentary way, rather then challenge them into the field in a military, • legal, unusual bloody manner, unheard of in former ages? If the lesser party, then present or ab • ent the Major part must over-rule them volensnolens, as it hath ever used, unless they will be will •• ller (I cannot say wiser) then all their predecessors put together.

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

I answer. 1. That it was without any just cause given by the Parliament. Secondly, It was much • gainst their wills, who have oft importuned, petitioned, and used all possible means to procure • is return. 3. His absence was procured, and is yet continued by those alone, who most unjustly • axe the Parliament for it, and would take advantage of this their own wrong. Fourthly, though • e be personally absent as a man; yet he is still Legally present in Parliament, (called the kings pre • ence, as he is a king; as he is in all other his Courts of Justice, where all proceedings are entered, Co • am Rege, though the king never yet sat personally in either of them, as he hath oft times done in his Parliament; for the continuance whereof he hath passed such an Act, as will inseparably tie his • oyall presence to it, though his Cavaliers about him should by force withdraw his person from it, • ot only as far as York, but the remotest Indies; yea he must first cease to be king of England, ere • e can be legally absent from his Parliament of England. This his willful personal absence from • is greatest Counsel which desires and needs it, is (as many conceive) an Act of the highest in justice • hat ever any Prince could offer to his Parliament, worse then Reh • boams forsaking the counsel • f his ancient Sages, to follow the hare braind advise of his young Cavaliers; for though he follow • d not their ancient prudent counsel, yet he withdrew not himself from them, as his Majesty • oth now sever himself from his Parliament, not only without but against all prefidents of his • oyall predecessors, except king (b) Richard the second (who once absented himself from his Parlia • ent above 40. days, yet then returned to it upon better advise) and the very common custom and • awe of the Land, (which he is obliged by his Coronation oath, and many late protestations added • o it, constantly to maintain.) This appears most clearly by the ancient Treatise, of the man • er of holding of Parliaments in England, both before and since the conquest, tend • ed to and ap • roved by the Conquerone himself (newly printed 1641) which in the Section, touching the kings • bsence from Parliament, resolves thus. The king is BOUND by all means possible TO BE PRESENT AT THE PARLIAMENT; unless he be detained or let therefrom by bodily • icknesse, and then he may keep his chamber, yet so as he lie not without the Manor or Town • t the least, where the Parliament is held: and then he ought to send for 12. persons of the grea • est and best of them that are summoned to the Parliament, that is, 2. Bishops, 2. Earls, 2 Ba • ons, 2. Knights of the shire, 2 Burgesses, and 2. Citizens to look upon his person, to testify and • itnesse his estate, and give A uthority to the Arch-bishop of the place, the Steward of England, • nd chief justice, that they jointly and severally should begin the Parliament, and continue the same •• his name, express mention being made in that commission, of the cause of his absence there, • hich ought to suffice. The reason is, because there was wont to be a cry and murmur in the Par • iament for the kings absence, because his absence is hurtful and dangerous to the whole commo • alty of the Parliament, neither indeed OVGHT, OR MAY HE BE ABSENT, BUT ONE • Y IN THE CASE AFORESAYD. And whereas Malignants clamour, that most of the • ords are absent as well as the king, and therefore this can be no lawful Parliament; The same • uthor will in form them, that if the Lord's be once summoned to Parliament, and then appear • ot or absent themselves, the king may hold the Parliament with the commonalty and commons • f the kingdom (every of which hath a greater voice in Parliament then the greatest▪ Earl in Eng •• nd, because he represents a whole county, town or city, the other himself alone) without Bishops • arles, or Barons; because in times past, before there was either Bishop, Earl, or Baron, yet even • hen kings kept their Parliaments; but on the contrary, no Parliament can be kept by the king and • eeres, if all the Commons (for the kings misgovernment, or such like cause) should absent them •• lves. This is the judgment of Master John Vowel too, who writes in this manner: Yet ne •• rthelesse, if the king in due order have sommones 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 •• anything, then the king with the consent of his Commons, may ordain & establish any acts or Law • which are as good, sufficient and effectual, as if the Lord's had given their consents. But on th • contrary, if the Commons be summoned and will not come, or coming will not appear, or appe • ring will not consent to do anything alleging some just weighty and great cause; the King in thes • cases cannot with his Lord's devise, make or establish any Law. The reasons are these; whe • Parliaments were first begun and ordained, there were no Prelates or Barons of the Parliament, an • the temporal Lord's were very few or none; and then the king and his Commons did make a fu •• Parliament, which authority was never hitherto abridged. Again, every Baron in Parliament do • 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 g • veth not consent only for himself, but for all those also for whom he is sent. And the king wit • the consent of his Commons had ever a sufficient and full authority, to make, ordain, and establis • good and wholesome Laws for the Common-wealth of his Realm. Wherefore the Lord's bein • lawfully summoned and yet refusing to come, sit, or consent in Parliament, cannot by their folly • bridge the king and the Commons of their lawful proceedings in Parliament. Thus and mo •• John Vowell in his Order and usage how to keep a Parliament; Printed Cum Privilegīo. But we need • not retire to this last refuge; the Honorable faithful Lord's now present, though not so many • 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 Protestation • tending to the very subvertion of Parliaments (for which they and their posterities too, may justly b • disabled forever to sit as members of that House, which they have so dishonourably, if not treache • rou • lie deserted, even as well as Knights and Bargesses, whose personal attendance is so necessary, th • if during the Parliament they absent themselves from it about any businesses of their own without leave • the House, they may be presently expelled, and others chosen in their place to make the House complete, ) ca • no more disable those now present from being a true and lawful House of Peers; then the multitudes departing from the true Church of God, to the false, disproves 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 Act • made without Bishops or Abbots heretofore, even while they were reputed members of the Lord's House; an • one of the 3. Estates in Parliament; therefore this Parliament (which hath taken away Bishops Vote forever • may be lawfully held, notwithstanding any Lord's or Commons, wilfuls absence from it i • person; who yet as long as they are members of the Parliament, shall still be adjudged legally present, wherher 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 absent.

Sixthly, It is most apparent both by Scripture, the verdict of all Politicians and writers • note, the Statutes of our Realm 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, Sheapheards▪ Fathers, Stewards, and Officers they are. Now nature, reason, and Scriptures resolve, that he wh • is instituted merely for the benefit and service of another (as all the (n) Creatures were created for man • use, and therefore are inferior unto man in dignity and power) is of less dignity, power, and jurisdiction, then 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 Major 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, • Sa • . • 9. • 7. 1 Chron. 21. 17. and John 10▪ • 1. 15. with other presidents which I pretermit. The King then being made King, only for the Kingdoms, Parliaments, Peoples, service, must needs ( • n this regard) be inferior to, not Paramont them in absolute Sovereign power; though greater, better then any particular Subjects.

Seventhly, the Parliament (as our (q) Law▪ books, and Writers resolve) is the most high and ab • olute 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 amorg other Privileges this is the highest, that it is above the Law • t 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 • udgements 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 • ested 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, altar the Common Law of the Realm in any particular point whatsoever, that he cannot repeal any old, nor enact any new Law whatsoever, norimpose 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 Potestas sua Juris est & non Injuriae, & Nihil • liud potest Rexin terris, ni • i ID SOLVM QVOD DE JVRE 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 • o 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 be 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 Sovereigns, inferior to their Laws and Parliaments, the • ole Law-makers and Law-alterers, though not against, but with the Kings assents, 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 ratify 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, but in the Kingdom and Parliament which represents it. For, first, admit the king should propound any Laws to his people (as kings and Lawgivers usually did at first) yet these Laws would no 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) and all our Law-books resolve, and that upon this received Maxi ne of Law; Quod tangit omnes ab omnibus debet approbari The king doth but like the Minister in Marriage, declare it to be a Law; but tis the parties consents which makes the marriage, and the people only that makes it • Law to bind them; whence those in Scotland, Ireland, Man, Garnsey, ••• Jer •• e are not bound by our English Statutes, (nor we by theirs) nor tenants in Ancient demesne, because they consented not to them. Therefore the chief Legislative power is in the people and both Houses o • Parliament, not in the king: as it was in the Roman State, Where the people had the So • eraigne Jurisdiction of making and confirming Laws to bind them, not their Kings, Emperors, o • Senate, as I shall hereafter manifest.

Secondly, this appears by the case of Customs and By-Laws in Corporations and Mano •• s, 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- • awes oblig • all those who consent to them by reason of their own free assents only, so do all public Acts of Parliaments obli • ge all Subjects, only because of their general assents to them in their Knights, Citizen • and Burgesses, elected by and representing their persons.

Thirdly, all 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 assent to, or consider further of them, as the Houses tender 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, a • ter, 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 sommon them to meet an • enact Laws, as the chief Legislators▪ witness this notable clause in the Writ for the Election of Knights, & Burgesses: Ita quod iidem Milites plenam & safficientem • ote •• atem pro S E & COMMVNITATE Comitatus praedicti, & dicti Cives & Burgenses pr • se & COMMVNITAT • Civitatum & Burgorum praedictorum divisim ab i • sis babeant, AD FACIENDVM E • CONSENTIENDVM HIS quae •• ne & ibidem DE COMMVNI CONSILIO DICTI REGN • (not Regis) nostri contigerint ORDINARI super negot •• s antedictis. Ita quod PRO DEFECT • POTEST AT • S HV • VSMODI, &c. dicta negotia INFECTA NON REMANEANT quov • modo: answerable to which is that clause in * Pope Elutherius his Epistle to our first Christian king Lucius about An. 185. Exillis Deigratia, PER CONSILIUM REGNI VESTRI SVME LEGEM • & per illam D • i potentia vestrum reges▪ Britaniae regnum.

Fourthly, all public Acts are the whole Kingdoms Laws, made principally and solely fo • the subjects benefit, if good; their prejudice, if ill▪ therefore the whole kingdom (represented i • and by both Houses, not the king) knowing much better what is good or bad for themselves, the • the king alone, it is just and reasonable that they, and not the king, should be the principal • Law-makers, to bind or bu • then themselves with any new Laws, penalties or restraints.

Fifthly, it is clear that all Acts which give any Subsidy, Tax, Penalties, or forfaitures to the king are made only by the people in Parliament, and not principally by the king, since the king canno • 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 Hig • Court of Parliament, &c. humbly present your Majesty with the free and cheerful gift of two entire s • bsidies, which we humbly beseech your Majest • e 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 LOVR BENEVOLENCE, &c. the Commons having the sole power to grant or deny Subsidies and Ta • es 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, a • all Acts of this Nature • anifest. If then they be the chief Law-makers in these Acts which lay • any imposition • pon the Subjects goods or restraint on his person; then by like • eason in all other penal public▪ Laws.

Six • lie, All Acts of Pa • liaments made in the reigns of • surpers who have no Title to the • rown, nor right to assent to Laws▪ are firm and good in Law▪ and shall bind the right heirs to the Crown, as i • evident by the Laws made by king John, Henry the 4. 5. & 6. (reputed usurp • s by Edward the 4.) and Richard the third acknowledged an usurper, whose Laws are yet in force▪ The reason is (as is clear by 1. E. 4. c 6.) because the Laws, and all other Judicial Acts in Court • of Justice, are the Acts of the Parliament and Courts themselves, which are lawful; not of the king who is unlawful. Therefore certainly the Legislative power is more in the Parliament, thenin the king, if not wholly in it, there being Laws and Kingdoms before kings were.

Seventhly, 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 • he 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 might make binding public Laws during the Inter-reg • um: yea, if the king be an infant (as Henry the 3. Henry the 6. Edward 3. 5. and Richard 2. with other ou • kings were, when the Crown • escended to them) or non Compos Mentis, or taken with a dead palsy or Apoplexy, or an Ideot by • irth or Age, or a Monkeprofessed, as some kings have been; or absent in a Pilgrimage to Rome, or •• voyage to the Holy Land, 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 • ases, the right of creating a Protector to execut • regal power, sommon Parliaments, assent to Laws, is • nely in the Parliament, which may in these cases make any public Acts without the kings personal • resence or assent; and the assent of the Regent or Protector usually created by them, shall as firmly • inde the king, as if he had personally consented, as is evident by all the Acts of Parliament passed • uring the Minority of Henry the 3. who was but 9. years old, Edward the 3. who was but 1 • . Richard the 2. who was but 11. years old, Henry the 6. who was not 9. months old, Edward the 5. • ut 12. years, Henry the 8. not 18. years, Edward the 6. but 9. years of age when they began thei • • aignes, 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 • . Edward the 1. 2. 3. 4. Henry the 3. 2, 3, 4, 5, 6: and others out of the Realm, all good, as ap • ears by 28. H. 8. c. 17. which altered, and 33. H. 8▪ c. 22. which declareth the Law in these particu • ars. A clear demonstration, that the Parliament is the most absolute Supreame power, and Law • iver, not the king.

Eighthly, 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 Roy • e veult, The King wills (or • ssents • o) it, not before, but after they have passed both Houses, imports: which assent of his, if the Bills • e 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 completes Acts, 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 • ertue of his • oronation Oath, is bound to give, as appears by the Prefaces of most statutes, the sta • ute of Provisours, 25. E. 3. Parl. 6. 20. E. 3. and other Acts) is so far from proving the king the Supreme power and Lawgiver, that it manifests the contrary, that this power principally resides in • oth the Houses, not the king.

Ninthly, this is apparent by those Coronation Oaths which Parliaments and the kingdom in king Edwards days, even before the Co • quest, have anciently prescribed to our kings, before they would accept of them for their Sovereigns, of which I shall give you a short account. After the death • f William the Conqueror, William Rufus his younger son, in the absence of Robert the elder bro • her, 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 Lanfran • e Archbishop of Canterb • ry his Tutor, that • f they would make choice of him for their king, he would abrogate the over-hard Laws of his father, and • romise to observe justice, equity and mercy throughout the kingdom in every business, and defend the • eace and Liberty of the Church against all men; and ease them of all hard taxes. Upon which conditions, • olentibus omnibus Provincialium animis, by the voluntary consent and voices of all, he was chosen and crowned king. Which promise and Oath he soon after breaking, saying, Who is it that can ••• • ill all his promises? Many of the Nobles, levied war against him, adopting Robert his elder Brother king. William Rufus dying, Henry the 1. his younger brother, in the life of Robert the right heir assembling all the Glergie 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 reigns 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 Chartar confirmed and reformed divers Laws for the ease and benefit of his Subjects, recorded at large by Matthew Paris, Speed, and oath • s. 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 COVNSEL of the Barons of the kingdom of England, I am crown • king. And because the kingdom was oppressed with unjust exactions, • out of respect to God, and the love I bear towards you all, make the Church of God free, &c. and all the evil custom • 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 E • wards Laws, with those amendments of them which his father made by the consent of hi • 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 oath • crimes Henry deceasing Maude the Empresse his right heir (to whom the Prelates and Noble • had sworn fealty in her fathers life time) was put by the Crown by the Prelates and Barrons; wh • thought it baseness for so many and great Peers to be subject to a woman, and that they were free • of their oath by her marrying out of the Realm, without their consents, and Stephen Earl of Mortain • (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 to • ke their oaths of Allegiance to him, conditionally, to obey him as their king; so long as he should p • es • rve the Churches Liberties, and keep all Covenants, and confirm them with his Charter; according to the old proverb: Quamdi • habebis me pro Senatore, & • go 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 indulg • u • favou • s: 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 lan • touching Forrests, exactions, and annual Taxes which his Ancestors usually received should be • e •• rnally abolished; the ancient Laws restored; prefacing therein, That he obtained the Crown • by election only: Haec •• tem special • ter, & ali • • ulta generaliter, se servatur • m juravit; sed nihil • onum quae Deo promiser • t, observavit, writes Matthew Paris, Hovenden, and Huntingdon. Pene omni • perperam mutavit, quisi ad hoc tan • um jur • ss •• , • t praevaricatorem Sacramenti se regno toti ostenderet, saith Ma • mes • ury▪ granting those in ••••• ties rather to blind their eyes, than with any purpose to man • cle his o • ne hands with such pa • chment chains: Such faith is to be given to the so • emnest Oaths of kings. But this his perj • ry 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 • oronarion he caused the Laws t • be reformed, by advise of disc • eet 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. Whe •• ore 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 day • s of his li • e he would bear peace, honor, and reverence to God, and h • lie Church, and the ordinances thereof. Secondly, that to the people committed to his charge, he would exercise Right▪ Justice and E • uiti • . Thirdly, 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-engy • . Which oath most solemnly taken Baldwin Archbishop of Canterbury▪ standing at the Altar, forbad him in the name of Almighty God, to assume that •• n •• r, VNLESSE HE HAD • FVLL PVRPOSE TO▪ KEEPE WHAT HE HAD SWORNE: Whereunto Richard ASSENTING, and promisi • g by God's help to perform all the premises WITH • VT FRAVD; With his own hand humbly taking • he 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 • eedily out of Normandy into England; where the great assembly at Northamp • on, to preserve their • ights and Liberties were content to accept of him for their king, and yield fealty to him, to keep • ith and Peace to King John upon condition only, if he would restore to every of them their Rights; which • fterwards was the occasion of great dissensions. And-coming to London to be crowned, Hubert • rchbishop of Canterbury, (the Pillar of the Common-wealths stability, • nd incomparable for deep • aching wisdom) steps forth in the midst of all the Bishops, Lord's, Barons, and others there as • mbled at his Coronation, and spake thus unto them. Hear you all, you are in discretion to know, • at no man hath right, or any other fore-title to succeed another in a kingdom unless first (with invo • tion for grace▪ and guidance of God's Spirit) he b • BY THE BODY OF THE KINGDOME THEREVNTO CHOSEN, and • e indeed some choice man, and picked out for some • menencie of • is virtues, according to the example and similitude of Saul the first anointed Ki • g, whom God set over • is people, though neither the Son of a King nor of any royal descent. So after him likewise David • e son of I • sse; the one for bei • g valorous, and a person fitting Royal dignity▪ the other for being holy and •• ble minded. To show, that whosoever in a kingdom excelleth all in valor and virtue, ought to sur • ount all in Rule and Authority: yet so, as that, if any of the Of spring of a deceased King surp • sseth o • ers, it is fit jointly to consent in election of such a one. This therefore we have spoken in favor of eminent • arle John, who is present, the brother of our most illustrious King Richard • ow dece • sed, wanting •• heir of his body; who being provident, valiant, and truly noble, we havi • g invocated the grace of the • oly Spirit, have all unanimo • sly 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 Archbishop had not thus de • ned without cause Wherefore Earl John and all men approving this speech▪ they ELECTED • nd ASSVMFD the Earl for their king, and cried out saying; Let the King live. But the Arch • ishop being afterwards demanded, why he had spoken these things? answered; that he was assured •• some divining foresight, that king John would work the ruin of the kingdom, corrupt the Crown▪ • nd precipitate it into great confusion. And that he might not have the reins free to do this, he OVGHT TO BE CHOSEN BY ELECTION, NO • BY SUCCESSION. King John at this • is Coronation was involved in a threefold Oath▪ namely, That he should love holy Church and its Mi • isters, and preserve it harmless from the in • ursion of Malignants; That abolishing perverse Laws, be • old substitute good ones, and exercise Right. Judgment in the Kingdom of England After which he • as adjured by the Archbishop, in the behalf of God, and strictly prohibited, not to presume to accept this • onour unless he fully purposed in his mind, actually to fulfill what he had sworn. To which he answe • ng, promised that by God's assistance he would bona • ide keep those things which he had sworn. After • hich he rightly settled the affairs of England by the counsel of his Nobles, and then passed over in • o Normandy. But how ill he kept this his Oath, and others of this Nature; and how he violated the • tatutes of Magna Charta and D • Forresta, which he had confirmed with his hand, seal, oath, Pro • amations, the B • shops Excommunications, and the Popes Bull within three month • after he had on firmed them, and procured a dispensation of his oath and abrogation of these Laws, making • loody wars upon his Barrons and Subjects (who confiding to those confirmations and royal pro • ises expected no such strange performances) spoiling, robbing, and destroying his people every • here in the self-same manner as we now are plundered; the Histories of his life too manifestly •• late; which oft put his Crown in danger of utter loss • e, Lewis of France being crowned king by the •• rons in his steed, who renounced their allegiance to him, for his perjuries and breach of faith, and • aking war upon them. John departing this life, his son Henry being but 9. years old, was pro • aimed king, through the pe • suasion of the Earl Marshall and of Pembroke (afterwards made his • rotector,) who informed the Lord's and Commons, that though King John for his evil demeanors • eserved their persecution and l • sse of his crown, yet his young child, tender in years, was pure and inno • nt from his fathers doings. Wherefore • ith every man is to be charged with the burden of his own trans • ressions, neither shall the child (as scriptures teach) bear the iniquity of his Fathers, they o • ght of duty • nd conscience, to bear themselves • ildly towards this tender Prince, and take comp • ssion of his age. And • r as much as he was John's natural and eldest son▪ and ought to be their Sovereign, let us with one joint • llistance APPOINT HIM our King and Governor, let us renounce from us Lewis the French kings • on, and suppress his people, which are a confusion and shame to our Nation, and the yokes of their Ser • itude let • s cast from our shoulders. Upon which persuasions Henry was presently proclaimed and crowned king at Glocesler: 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 •• 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 that should be any in the kingdom, and observe good ones, and cause them to be kept by all men▪ How well • observed this solemn oath, with many others of like nature made to his Lord's and Subjects, f • confirmation of Magna Charta and their Liberties, Matthew Paris will inform us; who writ • that the King in all his Oaths and promises did so far transgress the bounds of truth, that the Prela •• and Lord's knew not how to hold this Proteus, the King, for where there is no truth, there can be no • ix • confidence: That thought he sometimes humbled himself, confessing, that he had been often bewitched • ill Counsel, and promised with a great Oath solemnly taken upon the Altar and coffin of Saint Edwar • that he would plainly and fully correct his former Errors, and graciously condescend to his natural Subject good counsel; yet his frequent preceding breaches of oaths and promises, sepenitus incredibilem reddider •• made him altogether incredible, so that (though he usually heard three Mosses every day, but seldom a • Sermons (as Walsingham notes) yet none would afterwards believe him, but ever fear and susp •• his words and actions: and to avoid the infamy of perjury which he feared, he sent to the • ope • absolve him from those Oaths he repented of, who easily, granted him an absolution. Such faith and assurance is there in the Oaths and Protestations of Princes to their Subjects; whose Politic capacities oft times have neither soul nor conscience. This perfidiousness in the king, made his long raig • full of troubles, of bloody civil wars, and oft times endangered the very loss of his Crown a • kingdom, as our Historians inform us, for which he repented and promised amendment at h • death.

Bracton an ancient Lawyer in this kings days, writes. That the king in his Coronation OVGHT by an Oath taken in the name of Jesus Christ, to promise these three things to the people subject to hi • First that he will command and endeavor to his power, that true peace shall be kept to the Church and • Christian people in his time. Secondly, That he will prohibit rapines (or plunderings) and all iniquities • 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. F • (saith he) a King is SACRED and ELECTED (to wit by his kingdom) for this end, to do justis 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. And before the Conquest, I re • in King Edward the Confessors Laws, not only the Office, but Oath of the King (whom he an • Bracton oft stiles, God's and Christ Vicar upon earth ) thus excellently described. A King ought abo • all things to fear God: to love and observe his Commandments, and cause them to be observed through h • whole kingdom: He ought also to set up good Laws and customs, such as be wholesome and approved, s •• as be otherwise to repeal them and thrust them out of his kingdom. Item he ought to do justice an • judgment in his kingdom, by the counsel of the Nobles of his Realm. All these things ought the King • his own person to do, taking his oath upon the Evangelists and the blessed Relics of Saints, swearing • the presence of the whole state of his Realm (as well of the temporalty as of the spiritualty) before he •• 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 he keep under as his servants and slaves, he shall reign well an • honorably in his Kingdom. He must do all things with good advisement and praemeditation: and th • properly belongeth to a King: for hasty rashness bringeth all things to ruin; according to the saying of th • Gospel; Every Kingdom divided in it selfeshall be brought to desolation. 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 he omitted, contrary to his Oath at his Coronation. Indeed I find not that the Conqueror took this Oath when he was crowned; but I read in Speed and others; that William the Conqueror abrogating for the most part, the ancient Laws of the Land, and introducing ne • hard Laws of his own written in the Norman tongue which the people understood not, and th • 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 Athelin for the • General once again, and • ell into a new conspiracy, raising great forces and resolving to make th • sword their Judge. The King hereupon by Lanfrankes advise, (who as Re • oboams sages, gave him counsel, somewhat to bear with their abuses, rather then to hazard the ruin of all in fight) appointed a meeting at Berkham • teed Anno 1172. where the King entering parly 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 • f 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 •• epe the ancient Laws of this Land, and most especially those compiled by King Edward the Confessor; • hough (as the event soon shown) he little meant to do as he promised. Peace thus established, • is conference ended, and the Kings oath received, the English Armies disband themselves, as drea • ing they had now good fortune by the foot, and hoping the greatest storms of their dangers were • a • t; which presently proved but a vain surmise. For king William having compounded with the • anes, began extremely to hate the English Nobles, and with full resolution of their destruction, •• ddenly set upon them apart, which he durst not attempt when they were united; so that s • aying • ny, imprisoning others, and persecuting all of them with fire and sword, well was he that could • e first •• ne. Such little faith, or assurance is there in the solemn Oaths and Protestations of Kings to •• eir Subjects; which are seldom really performed, and intended only as snares to entrap them, if •• ey confide and rely upon them without any better security. The form of the kings Coronation • er since Edward the a hath been this, and is thus administered. The Metropolitan or Bishop •• at is to Crown the King with a mean and distinct voice shall interrogate him, if he will confirm with an • ath the Laws and customs granted to the people of England, by ancient, just and devout kings towards • od, to the samepeople, 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; • et the Metropolitan or Bishop expound to him, what things he shall swear, saying thus. Thou shalt • epe to the Church of God, to the Clergy and people Peace entirely, and concord in God, according to thy •• wer; The king shall answer: I will keep it. Thou shalt cause to be done in all thy judgments, equal • dright justice, and discretion, in mercy and verity, according to thy power. He shall answer; I will do it. •• ou grantest just Laws and Customs to be kept, and thou dost promise, that those Laws shall be protected • d confirmed by thee to the honor of God, QUAS VULGUS ELEGERIT, which the people shall • se, according to thy power. He shall answer; I do gra • t and promise. And there may be added to • e foresaid Interrogations, what other things shall be just. All things being pronounced, he shall confirm that he will observe all things with an oath upon the Altar presently taken before all. There • ath been a late unhappy difference raised between the king and Parliament about the word ELEGERIT; the Parliament affirming the word to signify, shall choose; according to sundry written • oles and Printed Copies in Latin and French, the King on the contrary affirming, it should be •• th chosen; But he that observes the words of the ancient Oaths: Populo tibi commisso rectam •• liciam exercebis, malas leges & iniquas consuetudines, si aliquae fuererint in Regno tuo, delebis, & bonas servabis, all in the future tense: and the verbs, servabis, Facies fire • , protegendas, cor • oborandas in • e former and same clauses of the Oath now used, all of them in the future, with the whole Scope • tent and purport of this part of the Oath, must necessarily grant, shall choose to be the true rea • ng; and that it refers to the confirmation of future Laws to be afterwards made in Parliament, not those only in being when the Oath was administered; else kings should not be obliged by their • athes, to keep any Laws made after their Coronations by their own assents, but only those •• eir Predecessors assented to, not themselves, which were most absurd to affirm.

From these several Oaths and Passages, the usual form of the Nobles proclaiming such and •• ch Kings of England, with other forecited Histories, it is apparent: First, that Popish Parliaments, Peers, and Subjects, have deemed the Crown of England not merely successive and he • dita • y, though it hath usually gone by descent; but arbitray and elective, when they saw cause, ma • of our kings coming to the Crown without just hereditary Title, by the Kingdoms, Peers, • d people's free election only, confirmed by a subsequent Act of Parliament, which was then re •• ted a sufficient Right; by virtue whereof they then reigned and were obeyed as lawful kings, • d were then and yet so acknowledged to be; their Right by Election of their Subjects being seldom or never adjudged an illegal usurpation in any Parliaments, whence the statute of 1 E. 4. c. 1. • d • . E. 4. • . 2. declare king Henry the 4. 5. and 6. to be successively kings of England indeed, and not 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 •• ve it him, compelling the Lord's and Commons afterwards to Elect him King out of fear, after his slaugh •• in Bosworth field,) was declared an usurper by Act of Parliament 1. H. 7 c. 6. and so adjudged to by 1 E. 4. c. 1. 8. H. 7▪ c. 1. 9. E. 4. f. 1. 2. and Henry the 7. had the Crown set upon his head in the •• ld, by my Lord Standly as though (saith Grafton) he had been elected king by the voice of the people, • 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 condition and covenants contained in their Coronation Oaths; which if they refused to swear to the Pee •• and people, really and bona fide to perform, they were not then to be crowned or received as kings, •• adjured in the name of God to renounce this dignity. And though in point of Law, those who enjoy •• Crown by Succession, be Kings, before their Coronations; yet it is still upon those subsequent Condition in Law, contained in their Coronation Oaths, which impose no new, but only ratify the old conditions • separably annexed to the Crown by the Common Law, ever since Edward the Confessors days, if not •• fore, as the Oaths of all our kings to their people; really to perform th • se Articles and Condition fully demonstrate. Thirdly, that these Oaths are not merely arbitrary or voluntary at the ki •• pleasure, to take or refuse them if he will, but necessary and inevitable, by the Law and const •• • sage of the Realm, yea of all Christian kingdoms whatsoever, which prescribe like Oaths to t •• kings. From all which I may firmly conclude, that the whole Kingdom and Parliament, are •• Supreame Authority, and Paramount the king, because they may lawfully, and do usually prescr •• such conditions, terms, and rules of governing them to him, and bind him by Oath faithfully to perfo •• the same, as long as he shall continue king; which oath our kings usually took, or at least faithfu •• promised to take to their Subjects in ancient times; before ever they did or would take an Oath • 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 •• both challenged and exercised a Supreame power over the Crown of England it self, to transfe •• it from the right heir and settled it on whom themselves thought meet to elect for their King; •• likewise to call their Kings to an account for their misgovernment 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 judic •• sentence in Parliament, actually to depose them, and set up others in the Throne, as many foreci •• presidents (together with the examples of Archigallo, and Emerian, two ancient British Kings, and Edwin King of Mercia, deprived of allhonour and Kingly dignity, by the unanimous consent of their Subjects for their Tyranny, Oppression, misgovernment, and vicious lives, and others elected and made Kings their places) evidence; which Acts of theirs they then reputed just and Legal. Those Parliament 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 Soveraing • power. True it is, our Protestant Peers, Commons and Parliaments, never challenged nor exercised such jurisdiction, and I presume they will never do it. However it is neither honorable n •• safe for Kihgs, and the most destructive policy their ill Counselors can suggest unto them, so fa • to oppress their Subjects or exasporate their Parliaments, as to provoke them to use the extremity their power, and revive dead sleeping presidents, (the consideration whereof when they were fresh▪ m •• succeeding Kings more just and moderate in their governments, and reclaimed many Vitious and Oppress ••• Princes, as Archigallo and others witness) for their relief We know what Solomon saith; Surely •• pression maketh a wise man mad; and if Kings or their evil Instruments, shall so far mad their Subject and Parliaments (either by oppressions, rapines, misgovernment, destroying, making war upon them, putting them out of their protections) as to make them cry out as they did against King John. Rex John • nes factus est de Rege Tyrannus, imo de homine in • estialem praerumpens feritatem. Ve • tibi Iohanni Reg • ultime; Anglorum Principum abominatio, Nobilitatis Anglicanae confusio: Heu Anglia vastata, & • plius vastanda, &c. Whereupon presently ensued, a Nolumus hunc regnare: Tandemque decretum • ut aliquem potentem in Regem eligerent, per quem possint ad possessiones pris • inas rev • cari, credentes • nu • lus Iohanne peior, vel durior possit dominari, & tale miserabile statuentes argumentum.

Cumque aliquandi • , quem eligerent • ae • it • ssent, demum in hoc pariter consens • runt, ut Ludovicum fil •• Philippi Regis Francorum sibi praeficerent, & ipsum in Regem Angliae sublim • rent; Which they did, King John's, their own, and the whole kingdoms great prejudice. We know what the ill advise of R •• boams rough young Counselors produced: 2 Chron. 10. And the King answered the people roughly •• the advice of the young men, saying; My father, made your yoke heavy, but I will add thereto; • father chastised you with whips, but I will chastise you with scorpions. And when all Israel saw, that • king would not hearken unto them, the people answered the King (though he came to the crown by succe •• on) saying: What portion have we in David, and we have none inheritance in the Son of Jesse; every ma • your tents O Israel: and now David▪ see to thine own house. So all Israel went to their tents, and ele •• Jeroboam for their King, and fell away from the house of David to this day, being never after united to • but continuing a distinct Kingdom from it. wherefore the best policy Kings can use, to perpetuate their Thrones to them and their Posterity, is to •• • at 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 more moderate the King shall be, and contented with smaller and fewer prerogatives, by so much the more constant and longer-lasting shall his kingdom necessarily 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 their 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 • s, to govern himself and his Subjects only by Law, not power) to do justice and judgment, avoid oppression, and not to liftup his heart above his brethren; as if they were his vassals and no • men, or 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 Juris, • icut 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 opera fecerit. Igitur dum facit justitiam, vicarius est Regis aeterni, minister autem Diaboli dum declinat ad injuriam. Dicitur enim Rex a been regendo, non a 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 viva • , quia hoc sanxit Lex humana; quod leges suum ligent latore • ; & alibi in eadem, digna • ox Majestate regnan •• s est, legibus alligatum se Principem profiteri. Item, nihil t • m 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 arma • um armis sed legibus, addiscat Rex sapientiam & conservet justitiam. (All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae, c. 9. to 15. worthy any Princes serious perusal:) And thus doing, neither he nor his Posterity need • ear this Supreame Prerogative Power of Parliaments, which hath • aine 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, not only convent and censure him for his misdemeanors, 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 ( q) Wormes and Brixia against Hildebrand, the Council of Pisa, summond 1511. of purpose to depose Pope Julius for his perjury, & sundry Popish Writers acknowledge. Now the Council of Basil (as I shown before) defined: That the whole Kingdom and Parliament hath as great a power over their Kings, as a Council hath over the Pope▪ therefore by Papists verdicts it is above the King in point of Sovereign power▪ as a Council is above the Pope, which John Mariana, De Rege & Regis, Instit. lib. 1. c 3. to 10. professedly proves at large.

12. That Court which may lawfully conjure, 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 King and their Authority 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 William Longchamp, Bishop of Eli, Chief Justicia • , 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 misd • meanours, and oppressions. Piers Gaveston and the two Hugh Spensers, in Edward the seconds Reig • e, oft banished by Parliament, and violently p • t to death, though the Kings highest Officer, and darling Minions. Michael De La Pole, wi • h other great Officers, and Favorites to King Richard the second, condemned, deprived of their Offices, banished and executed by the Peer • in Parliament, together with Trisilian, Belknap, and their fellow Judges, who misadvised him in point of Law: Humph • ey 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 • o King Hen • y 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 Depu • y 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 • he 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 mention the Parliaments Sovereign Power and Jurisdiction in Making or proclaiming war or Peace, in which they have oft ti • es 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 an on;) or in ordering the coin and Money of the Land, together w • th 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 precedents. All which are strong evidences of its Sovereign Authority: together with the Acts concerning his Purveyance and all Revenues▪ royal. Nor yet to remember this infallible 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 wa •• es against enemies) but never ought the whole kingdom to be lost or hazarded to preserve its Kings P • erogatives, that of John 11. 48, 49, 50. and chap. 18. 14. being an undoubted rule in Divinity and Policy. * That it is expedient that any one man (though a King) should die for the people, that the whole Nation perish not: rather then the whole Nation die for him.

There is one clear Demonstration yet remaining, to prove the Supreame power of Parliaments above Kings themselves, which is this: That it is the highest Court and power to which all Appeales are lastly, and finally to be made from all other Courts and Judges whatsoever, yea from the Kings own personal resoluti • ns, in, or out of any other his Courts: and such a transcendent Tribunal from whence • here 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, o • 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 Delegates, 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 remediab • e 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. But if the Parliament give any judgment, There can be no Appeale to any hig • er 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 Treason, by or in Parl • ament, by all inconveent and unjust Act • 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 f • om the King, but only by an Act of repeal or restitution in blo • d by another Parliament. Now this is an infallible Maxim, both in the Common, Civil, and Canon Law, that The Court or person to w • om the last appeal is to be made, is the Supreamest power; as the Kings Bench is above the Common Pleas, the Esc • equer 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 a • y instances of this kind between King and Subjects, which I have formerly touched▪ nor to relate how our Kings, Edward the first, 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) Henry the third, 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 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 compe • itors, 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 He • res, misgovernment, and c • ntroversies ab • ut the Title to the Crown.

Canutus after the death of King Edmond, Anno 1017. claiming the whole Realm against Edmond's Brethren & Sons, referred his Title upon the agreement made between Edmond and him fo • this purpose, to the Parliament; who resolved for Canutus Title, and thereupon took an Oath of feal • y 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 Oxfo • d, 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's death, enacted by Par • iament,) That none o • the Danish blood should anymore Reign over them ) was elected King, and declared • ight Heir to the Crown. Anno 1126. King Henry the first having no issue male, but only one Daughter Maude, to fucceed 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 • er, As much as in them lay, after King Henries death (if • e died without issue male) to establish • er Queen • f 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, • o the devastation of the Realm King Stephen and Henry the Son of Maude came to a Treaty • Wal • ingford, where by the advise of the Lord's, they made this accord; That Stephen if he would, should • eaceably hold the kingdom during his life, and that Hen • y should be his adopted Son and Successor, enjoy • he Crown as right Heir to it after his death; and that the King and all the Bishops and Nobles should • wear, that Henry after the Kings death, if he su • vived him, should P • ssesse the Kingdom without any conradiction▪ Which done the civil wars ceased, and a blessed peace ensued: and then coming to Oxford, in a Parl • ament 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. 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 in • erit lands in England? The King, to clear all doubts and ambiguities in this case, and to have the La • herein reduced to ce • tainty; charged the Prelates, Earls, Barons, and other wise men of his Council assembled in Parliam • nt in the 25. year of his Rain, to delibera •• 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 •• 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, 11. E. 3. this Kings eldest son was created Duke of Cornwall by Parliament, which then also entailed the Duchy of Cornwall upon the eldest sons of the Kings of England. See 21 R. 2. c. 9.

King Henry the fourth, the • et • er to assure the inheritance of the Crowns and Realms of England and France to him and his posterity, caused them by a special Act of Parliament, in the first year o • his reign, to be entailed and settled on himself and the heirs of his body begotten; and Prince Henry hi • eldest son to be established, pronounced, ordained, and decreed heir apparent to him▪ and to succeed hi • in the said Crowns and Realms, to have them with their appurtenances after the Kings death, to him an • the heirs of his body begotten; And if he should die without heir of his body begotten, then to remain to th • Lord Thomas, the Kings second son, with successive remainders to Lord John the third, and Lor • Humphrey the Kings fourth son, and the heirs of their bodies begotten. After which Act passed (for t •• avoiding for 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 • e plenteously served of all things necess • ry both for viande and apparel, and if any persons should presume to rear war or congregate a multitude • o deliver him out of prison, that then he should be the first that should die • or that sedi • ious comm • tion: Which King Richard (as Sir John B • got by his Bill exhibited to this Parliament averred) h •• 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, b • would by one means or other bring him out of his life; And further said to him at Lichfield in the one •• twentieth year of his reign, that he desired no longer for to live then to see his Lord's and Commons ha •• him in • s 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 •• rom 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. Edward. Duke of York came into the Parliament House, an • there, in a large Oration laid claim, and set forth his Title to the Crown of England, which King He • ry the sixth had long enjoyed, desiring the Parliament to determine the right of the Title between the • both • ides submitting to their resolution as the proper Judges of this weighty royal controversy: After lon • debate and consideration of the case among the Peers, Prelates, and Commons of the Realm, it w •• finally agreed and resolved by them: That in as much as Henry the sixth, had been taken as King for. 38. yea •• and more, that he sh • uld enjoy the name and title of King, and • ave p • ssessi • n of the Realm during his n • turall life. And if he either died, or resigned, or FOR FAITED THE SAME for breaking •• part of this concord, then t • e said Crown and authority royal should immediately descend to the Duke •• York ( King Edward the 4. his Father) if he then live • , • r else to the next heir of his line. And that the s • Duke from thenceforth should be Protector and Regent of the Kingdom. Provided always, that if the Ki •• did closely or apertly, study or go about to break or alter this agreement, or to compass or imagine the de •• of the said Duke or his blood▪ then he TO FORFEIT THE CROWNE: and the Duke T • TAKE IT: These Articles made by the Parliament between them, they both subscribed, sealed, • swore to, and then caused them to be enacted. Loe here we have these two Kings submitting their Titles • the Crown and Kingdom it self to the Resolution of both houses of Parliament, as the Soveraig • Judge between them; who settled the Crown in this order, under pain of • orfeiting it by Ki •• Henry, if he violated their Decree herein▪ and appointing a Lord Protector over the Kingdom in •• full age, as Walsing • am informs us, a Parliament c • nstituted Duke Humsry to be protector of hi • and h • s Kingdom of England, and the Duke of Bedford to • e Regent of France, during his minority, wh • exercised all regal power, by virtue of that authority which the Parliament derived to them. A •• this, in these two Kings reigns, the Crown and its descent were variously settled by Parliament (as I ha •• formerly manifested) yet so, as that which one Parliament settled in this kind, continued firm till it •• akered or reversed by another Parliament. King Richard the third coming to the Crown by usurp • tion, to strengthen his Title, procured the Lord's and Commons to pass an Act of Parliament, where in th • declare him to be their lawful King, both by election and fuccession, entaile the Crown upon him and the hei •• • f his body lawfully begotten, create his Son Edward, Prince of Wales, and declare him heir to succeed him in • he 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 teach • th; that manifestation or declaration of any Truth or Right made by the three Estates of this Realm Assembled • n Parliament, and by the Authority of the • ame, makes before all other things most faith and certainty, and • uieting of men's minds, removeth the occasion of all doubts, and seditious language: Henry the seventh af • erwards 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 set • le the inheritance of • he Crowns of England and France, on him and the heirs of his body lawfully begotten, perpetually by the grace • f God, so to endure, and on none other, and all attainders and Acts against him, by Edward the fourth, and King Richard this Parliament annibilated. After him King Hen • y the eighth, to ratify his divorce from Que • ne Katherine, caused it to be confirmed, and his Marriage with her to be utterly dissolved by Act of Par • iament: and by sundry Acts, ratified his subsequent Marriages, and settled the descent of the Crown to • is posterity, somewhat different from the course of the Common Law; which Statutes were afterwards altered • nd 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 • arliament.

By the notable Sta • . of 13. Eli. c. • . worthy reading for this purpose, it is made no less then high Treason, • o affirm; That the Queen, WITH, and BY THE AUTHORITY OF THE PAR • IAMENT of England, is not able to make Laws and Statutes of sufficient force and validity to bind, li • it, restrain and govern all persons, their Rights and Titles that in any wise may or might claim any interest or • ossibility in or to the Crown of England in possession, re • ainder, inheritance, succession, or otherwise howsoever; • nd all other persons whatsoever. King Edward the sixth, Queen Elizabeth, and other our Princes holding • heir Crowns by a Parliamentary Title, rather then by the course of the Common Law, which this • tatute 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 Nul •• fie some of this Kings marriages, and ratify others of them, declaring some of his issues legitimate and heredi • ble to the Crown, others not, and appoint the Queen, if living, to be Protector of the infant King or Queen, • at should inherit the Crown; or such of the Lord's as the King by his last will should design; But likewise pre • cribe strict Oaths for every Subject to take, to maintain the Succession of the Crown, as it is limited • y those Acts, which Oaths for any to refuse, is made high Treason, or to write or speak anything a • ainst the Succession of the Crown as it is therein limited: And withal they derive a plenary authority •• the King (who thereupon acknowledgeth the great trust and confidence his loving Subjects had in him, • putting in his hands wholly the Order and Decla • ation of the Succession of this Realm) by his Letters Patents • der his Seal, or his last will in writing signed with his • and, for la • ke of issue lawfully begotten of his bo •• to give, limit, assign, appoint or dispose the imperial Crown of the Realm, to what person or persons, • d for such estate in the same, and under such conditions as it should please his Majesty. The Parliament therein • omising by o • e common assent to accept, take, love, dread, and obey, as their legal Governors, and Supreame • ads, such person or persons only, as the King by au • hority of those▪ Acts sh • uld give the Crown unto, and • olly to st • cke to them as true faithful Subjects. Provided, that if any of his Children or Heirs, afterward • d usur • e one upon the o • her in the Crown of this Realm, or claim, or challenge the said Imperial Crown, •• erwise, or in any other course, form, degree or condition, then the same should be given, disposed, or li • ted unto them, by the King, by ver • ue of those Acts. Or if any person or persons to whom it should please •• King, by autho • ity of those Acts to dispose the said Crown and Dignity of this Realm, or the Heirs of any • them, should at any time hereafter demand, challenge, or claim the Crown of this Realm, otherwise, or in • y other course, form, degree or condition, then the same should be given, disposed, and limited unto them by •• King, by ver • ue and authority of these Acts; That then all, and singular offenders, in any of the premises • ntrary to these Acts, and all their Abettou • s, Maintainers, Factours, Counselors, and Aiders therein, shall be • emed, and adjudged HIGH TRAYTORS TO THE REALME; and that every such • ence, shall be accepted, reputed, and taken to be high Treason, and the offenders therein, their aiders, &c. •• every such offense shall suffer such judgment, pai • es of death, losses and forfeitures of Lands, Goods, and Pri • ledges of sanctuary, as in any cases of high Treason. And over, that as well the Kings said Hei • es and Children, every such person and persons to whom the Crown should be limited as aforesaid, and e • ery of their Heirs, •• every such offense above specified by them or any of them to be committed, shall lose and forfeit as well all such • ight, Title, and interest, that they may claim or challenge, in or to the Crown of this Realm, as Heirs by • scent, or by reason of any gift or Act done by the King, for his or their advancement, by authority of those Acts, 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 6. his decease without issue, hath this proviso. That if the said Lady Mary, do not keep and perform •• conditions as King Henry by his Letters Patents or last Will in writing, should hereafter declare and limit ••• said estate in the Imperial Crown; That then and from thenceforth, the said Imperial Crown shall be • come to the Lady Elizabeth, and the heirs of her body lawfully begotten, in such like manner and form, a • th •• the said Lady Mary were then dead, without any • eires of her body begotten, anything in this Act contained • the contrary notwithstanding. And the like proviso there is for Queen Elizabeth, That if she perform not •• like conditions, limited as aforesaid, to her estate in the Crown; That then the said Imperial Crown shall • and come to such person or persons as the King by his Letters patents or last will shall limit or appoint. By • 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 •• pose of it upon condition, on pain of forfeiture as aforesaid (which the King alone had no right nor po • er 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 acknowledgem •• and confirmation of his immediate, lawful, and undoubted succession and right to the Crown of England, • the next and only heir of the blood Royal, to whom of right it descended; which Dolman the Priest, and so • Jesuits opposed in Printed seditious Books. So the Articles of Queen Mary's marriage with K • Philip, were limited, appointed, and ratified by Parliament: And the Imperial Ecclesiastical Ju • diction usurped by the Pope and Prelates, hath likewise by sund • y Statutes been restored and united to •• Crown, and the Title of Supreame head, and Supreame Governor in all causes, and over all persons, Spiri • all, Ecclesiastical and Temporal, seiled upon our Kings and Queens; Who during their minori • ies have •• Guardians and Protectors appointed to them by Parliament, to summen Parliaments, assent to • ils; and ex • cute all royal Jurisdiction in their names and steads. And a • the Title and Right to the Crown of Englan • and the Jurisdiction thereof hath thus from time to time been decided and settled in and by our Parli • ments, so hath the Title and Jurisdiction of the Crown of Scotland, been frequently discussed a • settled in our Parliaments, upon appeals made to them by the Kings of Scotland, and their Corrivals to that Crow •• Witness the famous case and competition for that Crown long agitated and resolved in Parliament between •• King of Norway, Bailliol, and Bruce, (to omit others) in the Reign of King Edward the first; And ••• King Edwards title to the Crown of Scotland, declared and resolved by our Parliament here; All which •• Recorded at large by Thomas Walsing • am, in the life of King Edward the first, and in the Parliame •• Rols and Pleas of his Rain, with sundry other instances of this nature (frequent in our Historian • wh • ch for brevity I pretermit.

It is a clear case without dispute, that if the King should die without any Heir, the Crown wou • ofcheate to the whole Kingdom and Parliament, who might dispose of it in such a case to what pers •• they pleased, or quite change that form of government, if they saw good cause; no particular kin • of rule being so simply necessary by any divine right or Law to any state or Kingdom, but that as it was • first instituted, so it may in such a case be changed by the whole Kingdoms general consent, upon suff • cient grounds. This appears by the case of Charles the gross, who being deposed from the Empire a •• his Kingdoms, for a mad man, and dying without any Heir, the Kingdoms which before were subject •• him, Destitute of a right Heir, began to fall in sunder on every side, and to choose Kings of themselves of an • there Family. France elected Charles, a child, surnamed Simple, for their King; and after his simplic • ty displeased them, they Crowned Otho Son of Robert Duke of Saxony, in his place: At the same tim • the people of Italy meaning to have a King of their own, could not agree on the matter, but some cho • Beringarius, others Guido, and so had two Kings in Italy, both calling and bearing themselves as Emp • rours; And the Germans elected Arnolph Duke of Bavaria for their Emperor. Thus Zeno the Emperor dying without any Heir that might succeed him, Anastasiu • a man of great reputation, yet of no No •• Family, was chosen his Successor, by the Senate and Legions. The like we read of divers other Emperou • de • easing without Heir; of some of our Saxon and British Kings, before the Conquest; and of oath • in other Kingdoms, where the Crown hath been translated from one family to another, by the Kingdoms consent for want of Heirs: Yea, Bishop Bilson himself (though a great Royalist,) po •• tively affirms; That if a King, or right H • ire to any Crown be borne, or becomes a natural Fool, or star • mad, or run besides himself, so that he is not able to govern himself, much less his Realm; in these •• cases, ANY REALME BY PUBLICKE CONSENT and ADVICE MA • CHUSE ANOTHER KING: (for what should he do with a royal Office, or by what d • vine or human right can he enjoy a Crown, who is utterly unable to manage it?) Upon this groun • King Childericke was deposed by his French and German Subjects general consents; because he was • • e, a Sot, a Beast, unable to govern his Kingdom, and Pepin of another race, elected and crowned King in • stead; which act by Pope Zacharias' resolution, was adjudged both just and lawful, even in point of • science, before it was put in execution. So Charles the third, the last Emperor of Pipins race, •• deposed from the Empire by the Princes, Dukes, and Governors of the Provinces of Germany and •• ce, for that he became foolish and unfit to govern, being bereaved of his senses; and by common consent, •• olph was elected Emperor in his stead; Thus Justinus the second, falling into a frenzy and madness, • hat he had no sense nor understanding of anything that was done, was removed, and Tiberius placed • he Empire; at his Coronation Justinus used this notable speech; Let not the glory of these Imperial •• es, lead thee into error, neither be thou de ceived with the glorious show of such things as are▪ subject unto the •• s, wherewith I myself now (all • s) being snared, have brought myself foolishly into grievous torments. • refore in governing the Empire with great moderation and mildness of spirit, redress what is amiss, and cor • what I have leudly committed. And pointing at his ill Counselors with his finger, he said▪ Thou •• in no wise be ruled by these men, for these be those which brought me into this lamentable plight, and the mi • thou seest me in. A memorable strange speech of a distracted Prince. And thus the Emperor Wen •• us, was likewise deposed by the Princes electors of the Empire, For besotting himself so with pleasures, • ▪ as that he became altogether unfit for the government, and a man unprofitable for the Empire and Christian •• monwealth; and Rupert Count Palatine of R • ine, and Duke of Bavaria, was elected Emperor in his stead. •• like (no doubt) might be▪ lawfully done here in England, by the whole Kingdom and Parliament, if • such cases of incurable folly or frenzy should befall any of our Kings, who might then either create a Lord • tector to govern both King or Kingdom, during such disabilities of Government in the King (as • hildricke for a time, before his deposition, was governed and over-ruled in all thing • by the Marshall • he Palace) or else Crown the next Heir King, if he be capable to Governe. Yea, in the time of our • on Kings, when the right Heir was an In • ant, unable to govern, the Crown usually descended • he next Heir of full age▪ Hence Wibba King of Mercia deceasing, Penda his Son being an Infant, Crown descended to his Nephew Ceorl of full age, after whose death Penda being of ripe age inheri • the Kingdom. So King Wulfeher deceasing leaving his Son Kenred within age, his Brother Æthelred •• eeded him; who resigning his Crown and turning Monk after he had Reigned 30. years, Kenred •• of full age enjoyed the Crown. So Ethelfred King of Northumberland dying, Edelwald his Brother •• ed the Government and Reigned, Aldulfe, Ethelherds Son, being then a minor, who enjoyed not • Crown till after Edelwalds death. So Cassebelan succeeded Lud his Brother in the Kingdom of Bri • e, Luds Sons being too young and insufficient to Reign: The like was very usual in Scotland, of •• h there are divers precedents in Gra • ion Hector B • etius, and Buchanan, which I pretermit. All which •• iculars laid together, are a most clear unanswerable demonstration, that the Soveraignest power and • isdiction of all others, resides in the whole Kingdom and Parliament, not in the King h • mselfe, since •• may thus dispose of the very Crown it self, and determine all controversies, all titles which con • e it; The King alone having no power to transfer it to any other without the Lord's and Com •• s free consents, as was resolved in the case of King John, who resigned and granted his Crown to the • e, without the Kingdoms consent; and therefore the resignation and grant were adjudged void, not • y by the French King and his Lord's, but by our own Parliament, as you may read in 40 Ed. 3. • 8. and Doctor Craken •• orpe, Of the Popes temporal Monarch • , cap. 2. p. 251. to 255. This point • ave thus copiou • lie debated, not out of any the least intention to derogate from his Majesty's just • re • acy and P • erogatives royal, which I have of • solemnly sworn to maintain to the utmost of my pow • and shall (God willing) perform; but out of a serious desire to rectify the general mistakes of men, • ching a pretended Prerogative, which their fantasies only, (not the Law) have unduly attributed to • King: and to vindica • e the just Liberties, Privileges and Prerogatives of the Parliament (so much • yed, declaimed against of la • e by a company of ignorant Papists, Ma • ignan • s, Royalists, who know not • t the jurisdiction of Parl • aments is) according to the Protestation, the clearing of which points (in my • ke apprehension) is the only high and ready way to compose our present differences, and settle all • distractions, which the ignorance and mistakes of the Kings and Parliaments just Preroga • ives and • ers, (next to the treacherous ma • i • e of the Papists) have principally raised among us, almost to the • e of the Kingdom. For my part, I profess sincerely, I love and honor both King and Parliament •• , and in the controversies now between them concerning their Jurisdictions, stand as a man indiffe • to do right to bo • h without prejudice to either; & the King being the Principal Member of the Par • ent, the elevating of its now disda • ned Power, to its due altitude, can be no depression but advancement • e Kings prerogative, which shines most perspicuously in Parliaments, whiles King and Parliament •• nited, and is most eclipsed only when they are divided, as the precedents in all ages manifest. And • I dare confidently aver, that there are no such enemies to the Kings Prerogative, as those who ad • cing it beyond due bounds, do necessarily draw it into dispute, in which it commonly comes off with • , and diminution in the end, as in • h • late cases of Lo • nes, Ship-money, and the like.

If any here object against the premises, that the King is the only Supreme Governor of this R • a •• That Bracton, Fleta, and our Law books resolve▪ That the King hath no Peer in his Kingdo • for so he should lose his Empire, since Peers (or equals) have no command over one another; much more then ou •• he not to have a Superior, or mightier, for so he should be inferior to those who are subject to him; and infer • ours cannot be equal to Superiors. The King ought not to be under man, but under God and the Law. If then J • stice be demanded of him by way of Petition, (because no writ runs against him (though anciently some w •• did) if he do not justice, this punishment may be sufficient to him, that he may expect God will revenge it. Ne •• quidem de factis suis praesumat disputare, m • lto fortius contra factum suum venire, &c. Therefore the K •• 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 S •• jects, and hath no Peer nor Superior, if they be taken particularly and distributively, as single m •• as the words Parem, Superiorem, in the singular number, and the like, explain the meaning of the Book • to be. But if we take them collectively in Parliament, as they are one body and represent the whole Ki •• dome, then these very Authors resolve (in their forequoted words) That they are above the Ki •• and may and ought to restrain and question his actions, if there because.

Secondly, Bracton explains himself how he is highest and without a Peer, to wit, In distribu •• Justice, that is, he is the highest Justiciar in the Kingdom, but as small as any in receiving justice.

Thirdly, Even in Parliament it self the King is the Supreme Member, and in that regard the Parl • meant in most Acts, and in all Petitions or Addresses, usually stiles him, Their Sovereign Lord: B • sides, the Parliament it self is ever summoned, dissolved by his w • it, in his name, by his Authority: A • in passing all Acts and Bills of Grace, or such as are not simply necessary for the public safe • y and •• li • y of his people, He hath an absolute negative voice, and his Royal assent is simply necessary for the passing of • binding Laws; In which respects he is, and may be truly said, to be above the Parliament it self, and •• only supreme Governor; but ye • in the forenamed respects, the Parliament may be truly said to be P •• mount him and the highest power.

Fourthly, The Oath of Supremacy, That the King is the only Supreme Governor, relates only or p •• cipally to the Popes and foreign Princes authorities, formerly usurped in this Realm, as the Title, Woe •• and scope of the Statute of 1. Eliz. c. 1. and the very next words in the Oath of Supremacy manif •• ( and that NO FORAINE Power, person, Prelate, State or Potentate hath or ought to have any Jurisdi •• on, power, SUPERIORITY, PREHEMINENCE or Authority, Ecclesiastical or spiri •• within this Realm; and therefore I do utterly renounce and forsake ALL FORAINE Jurisdictions, & • Therefore it refers not at all to Parliaments or their Jurisdiction, Power, Superiority, Preheminen •• Authority; not so much as once thought of by the prescribers of this Oath, which had its Authority ••• the Parliament, and made some addition to the Kings Prerogative.

Fifthly, Bodine and others▪ (as I shall hereafter manifest) assure us, that the Sovera •• power, and jurisdiction both in the Roman and German Emperors, and most foreign Christian Kingdo •• was and yet is, in the Senate, people, Parliaments, and Dyets; yet this is no empeachment at all to their Supr •• cies, no more then the asserting of general Councils to be above Popes themselves, by the learned •• Papists, is • derogation (as they hold it is not) to the Popes most absolute pretended Sovereignty above all Em •• ours, Kings, Princes, Prelates, Subjects, a • d the world it self, of which they affirm him sole Monarch: Th •• fore by the self-same reason, this asserting of the whole Kingdoms, and Parliaments power to be ab •• the Kings, is no diminution at all, much less a denial of his Supremacy, and just Prerogative R • all.

If then the Parliaments power be thus higher and greater then the Kings personal power and Juri •• ction 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 • gall which cannot be severed) from the Parliament: the Lord's and Commons Orders, Votes, and O •• nances made legally in Parliament it self, are to be preferred, obeyed by all the Kingdom, before • his Majesti • s Proclamations, Declarations, Commissions Warrants, or Mandates made illegally out of •• liament in affront of Both Houses proceedings and Decrees, since when ever two dis •• powers command different things, that a • e lawful, or of the same nature, the higher power ought • to be obeyed; As if a Master commands his Servant one thing, and the King another, or the King • ne •• God another; the King is to be obeyed before the Master, because the Superiou • power; but God before the K • because the highest power, as the Fathers and Canonists resolve most fully.

Yea, the Parliament being the highest power, the King himself ought to submit thereto, and ••• ruled and advised thereby. This conclusion (though it may seem a paradox to most men) is an und •• table verity both in point of Divinity and Policy, as is most apparent, by the 1 Sa • . 14. 38. to 46. an • 29. 1. to 11. 2 Sam. 18. 2, 3, 4. c. 19. 1. to 9. 1 King. 12. 1. to 25. 1 Chron. 13. 1. to 6. 2 Chron. • and 11. c. 30. 2, 3. 5. 23. Esther 1. 13. to 22. Jer. 38. 4. to 28. Dan. 6. 4. to 20. Jonah 3. 7. Ezra 10. • . • ccles. 4. 13. Prov. 11. 14. c. 15 22. c. 25 5. compared together, and with Josh. 22. 11. to 34. Judges 20. • . to 20. and in point of Law and Conscience, even in our own Kings and Kingdom, as is clear by 20 • . 3. the Preface, and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors, 38 E. 3. Stat. 2. c. 1, 2. 3 E. • . c. 17. and 48. and other Statutes which I shall hereafter cite at large in answer to the fourth Objection; • hich Texts and Statutes those who will, may peruse at le •• ure for their better satisfaction. And in Paul's • me, the highest Powers in Rome, were not the Roman Emperors, as ignorant Doctors make the unleared world believe, but the Roman Senate, who had full power, not only to elect and command, but •• nsure, and depose their Emperors, and adjudge them unto death, as John Bodin acknowledgeth, • nd I shall hereafter abundantly manifest in the Appendix.

Secondly, That the Parliaments resisting of the Kings personal Commands (especially such as are il • gall and destructive to the Kingdom) or any private Subjects resisting them by virtue of a public • rdinance or Countermand from the Parliament, is no resisting of the higher Powers, against Paul's in • nction, Rom. 13. 1. to 7. (as Doctor Fearne and other ignorant Doctors vainly fancy, but a direct • bmission and obedience to the highest powers, (the Parliament) and those who resist the Parliaments • rdinances and Commands (especially such as tend to the preservation of Religion, Laws, Liberties, • iviledges of Parliament, and the Kingdom, or bringing Delinquents to condign punishment) though • ey do it by virtue of any extrajudiciall countermand from the King or his ill Counselors, do both • point of Law, Divinity, conscience, resist the highest powers, because they resist the Parliament; and • shall receive damnation to themselves for it, either here or hereafter, if they repent not: which I seriously • sire all those Delinquents, Papists, Malignants, ill Counsellers and Cavaliers to consider, who con • ary to several Orders, and Declarations of Parliament, yea contrary to the Law of God, of Nature, of the • ealme, have like unnatural Vipers, taken up offensive Arms against the Parliament and Kingdom, to • ine them, with our Religion, Laws, and Liberties at once.

Thirdly, Hence it follows, that the Resolutions and Declarations of the Lord's and Commons in Parlia • ent, the supremest Court, against the Commission of Array, Arming of Papists, raising of Forces, impo • g Taxes to maintain War against the Parliament, plundering, and the like, ought to be obeyed, and sub • itted to, as lawful and binding, both by the King himself, the Kingdom, and every private Subject • hatsoever; and that the Kings extrajudiciall and illegal Declarations out of Parliament in direct oppo • ion and contradiction to the resolutions and Votes of both Houses in Parliament, ought not to be obeyed, • e King himself as our Law Books resolve, being no competent Judge (especially out of his Courts) • hat is Law or what not in those Cases, but the Parliament only. Which extrajudiciall new device of con • olling, affronting the Resolutions and Declarations of both Houses, by opposite Proclamations, and •• clarations published in his Majesty's name; is such a transcendent violation of, and contempt against • e known privilege, the sacred venerable Authority, and power of Parliaments, as (I am confident) •• age can parallel; and if not severely vindicated by exemplary punishments of the highest nature, up •• those ill Counselors, and corrupt Lawyers, who contrive and pen them, will bring this Highest, grea • st and most honorable Court (wherein the whole Kingdom and every member of it are represented) into • eater contempt and less estimation with all men, (whether Natives or Forainers) then the basest Court •• Pipouders is. No King nor Subject ever yet attempted such affronts against the Resolutions of any Jud • s in inferior Courts; Let no person whatsoever then presume by pen or tongue, any longer to a • • igne or traduce the Resolutions and Ordinances of this highest Tribunal. If Kings or Counselors of • ate, willinstruct or excite the Subjects, perempto • ily to disobey and contemn the Ordinances, the • udgements of the Parliament, let them never expect the least obedience or submission to any of their • wn commands, which are of lesser credit and Authority.

Fourthly, That the Parliament and whole Kingdom, being the highest power, or any Member of •• e Parliament, cannot by any public Acts or Votes of theirs consented to in Parliament, become Tray •• s, or guilty of high Treason, against the King, either by the Common Law; o • the S • atute of 25. Ed. 3. • . 2, of Treasons, which running in the singular number; If A MAN, &c. (that is, any private man • men, by their own private authority) shall levy war against the King, &c. it ought to be judged high • reason; extends not to the whole Kingdom, or Court of Parliament representing it, (of which no trea • n was ever yet presumed, and by this very act, is made the Judge of all Treasons that are doubtful, being • ver yet included within the words or meaning of any Law concerning Treasons, and therefore cannot be • ilty of it. Hence the depositions of Archigallo and Emcrianus, two ancient British Kings, by the unani • ous assent of the Lord's and Commons for their rapines, oppressions, and Tyranny, with other forenamed Sax • Kings; and of Edward the second, Richard the second, Henry the sixth, Edward the fourth, by Acts •• Parliament; the creating of Richard the third, King; and the frequent translations of the Crown from • e right heir at Common Law, to others who had no good title, by the whole Kingdom or Parliament, • o less then high Treason in private persons ) was never yet reputed, much less questioned or adjudged • igh Treason in the whole Kingdom or Parliament, or any chief active Members in these Parliaments; which being above the King, 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. c. • . 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 for direct Authorities in this very point. Robert Tresylian and Belknap (then chief Justices) Holt, Fulthorpe, and Burgh Judges, Locton Kings Sergeant, and Blake the Kings Counsel, in the Parliament o • 1 • 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 Arundell and Warwick were, and that other Lord's and Commons might be guilty of high Treason, for procuring a Commission, and other proceedings in Parliament, and be punished for it as Traitors. Which opinion of theirs, being afterwards affirmed for Law, in a packed Parliament, 21 Rich. 2. 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 hal ••• to carry him where he might suffer the death HE HAD DESERVED: for if I had not done this, • 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 mouthe • 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 an • TREASONOUS ORDINATIONS, not only to reform the Kings house and Counsel, and t • place, and displace all great Officers at their pleasure; but even claim a joint interest in the Regiment of the Kingdom, together with the King, which William Inge (a Judge of the Common Law) with other like sticklers, tray • erously persuaded them was according to Law: which gross slander of the Parliament House, would have be • capital at least in former ages, and may now endanger the heads of those who speak or write the sam • of the present Parliament. Never did any of our Kings charge any Parliament with high Treason hither▪ to; much less indict or wage war against the Parliaments, as Traitors, which questioned or depose • them for offenses against 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.

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 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 fecerit in SEDITIONEM REGNI: agreeable to Vlpian, and the Saxon Laws, which inform •• of Treasons against the Common-wealth and Kingdom, (the case of Cateline and others) as well as against the King; and to the Statute of 13 Eliz. c. • . which makes it High Treason for any person to stir • up a • y Forainers 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 Justice • of either Bench, Eyer, Assiz • 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 thei • Offices and executing the Houses just Commands, as I shall in due place more fully manifest.

In brief, the Gun powder plot in 3 Jacobi 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 Parliamen • and Kingdom too: and to blow up, or assault the Parliament now, in the Kings absence, is question le •• 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 other manner then it limited by virtue and authority of that act, after the Kings death; with all their Counselors, and abettors, to be deemed and adjudged HIG • TRAITORS TO THE REALME, (not the King) and such their offense to be rep • ted HIGH TREASON; and they for it, to suffer such pains of death, and forfeiture of Lands an • Goods, as in any cases of high Treason is used; And 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 REALME OF FRANCE, as our powder Traitors were executed for high Treason against the King and Realm of England.

And by the Statutes of 5. R. 2. c. 6. II R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. S • a▪ 2. c. 6. & 1. Mariae c. 6. certain offenses are declared and made high treason and the committers of the • Trayters and enemies, not only, to, and against the King, but likewise TO AND AGAINST TH • REALME: 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, 10 R. 2. c. I. and the opposing and annulling of that Commission, and of some Processe, Judgments, Executions, made, given, and affirmed in some of those Parliaments, raising forces, and le • ying war against the Parliament, and Members of it to destroy them, were then adjudged High Treason both against the King, and THE REALME ( though done by the Kings express Commission and command: ) The reason is, because the King in judgment of Law, is ever legally present in and with his Parliament when they sit, (as I have already proved) where ever his person is; and his royal legal will (of which alone the Law takes notice) is ever presumed to concur with his greatest Council 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 Subjects liberty, safety, property, the Parliaments Privileges, the Common or Statute Laws of the Realm (all which expressly prohibit the levying of war, killing, wounding, murthering, impris • ning, disin • e • i • ing, robbing, or plundering of the Subjects, without legal trial or conviction, as d • e 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 Welshmen ) issue out to any person or persons whatsoever, especially to raise forces on 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 b. 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. Stat. 1. c. 1. 3. 42. E. 3. c. 1. 3. 11. R. 2. c. 1. to 6. 21. Jac. 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 byall Statutes concerning Purveyors, by the memorable old Statute of 25. E. 3. Stat. 1. c. 3. If any Minister of the King, or any other person of what condition soever he 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 FARRE FORTH WHERE • T WAS DONE BY COMMISSION OR COMMANDEMENT OF THE KING, as of his own authority: And by that parallel good Law recorded by Fabian, made in Parliament in the first year of King Henry the fourth; That no Lord, nor other person of n • degree, should after that day lay for his excuse (as some then did) any constraint or coacting of his Prince in executing of any wrong 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 STEED. 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 mur •• ered 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: ) 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 suff • cation and death by King Richards instigation and command, (and had lost their heads too if the common peopte had been their Judges, who murmured against King Henry for sparing their lives ) as you may read in Walsingham and Speed: All which I would advise his Majesty's Captain • s, 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 resol • ed, which of them is high Treason and which not, and the parties guilty of it, must and ought to be tried arraigned, judged, and condemned for it 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. 1 2. 20. 1. H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treasons, especially being a new case. If then the Parliament are, and must be the only judges of this question, Which of the two parties now • n 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 treacheron • lie 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, temporising Lawyers, or hopes of prevailing may now suggest unto them. In the Parliament of 15. Edward 2. the two Spensers were by • special Act of Parliament adjudged Traitors, banished, and their lands and goods confiscated, for miscoun • elling their King, and advising him to ride with armed Troopes of horses and men into Glocestershire to assault the good people there, and to levy 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 Coun • y of Gloucester, (which they have pitifully harrowed and spoiled, contrary to all Law, sacked Cicester • o its utter ruin, and led away the good people thence Captives to Oxford in triumph, for the most part barefooted, through dirt and mire, in this cold Winter Season, chained together in ropes, more like to Turkish-Gally-slaves then English Christian Subjects; 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 to rob them of them ) denying them so much as a draught of cold water to quench their thirst by the way, and keeping off all wh • would give it to them, many of them being since dead at Oxford of samine and more then barbarous usage, • but likewise against most Counties of England, (miserably wasted by them) and the whole Kingdom Parliament, and King himself in his political Capacity; 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 even freshly mo •• impiously, Shit upon the English Bible in folio, defaced and burnt many Testaments, and godly English Book • in John Hamonds house (a Bookeseller) in Marleborough, when they sacked it, in contempt of our Religion; setting the chimney on fire with their excessive flames; and if reports be credible, have since bu • ned divers English Bibles and other good 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 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 fully 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 benefi •• order and dispose the Militia, Navy, Ports, Forts, and Ammunition of the Realm, into such person • custodies as they may safely confide in; nominate both the great Counselors, public Officers, an • 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 Commonwealth and safety of his Subjects; 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; yea impose taxes upon the Subject, and distrain, imprison, secure them for the public defense and safety when they deem it necessary. All which particulars I shall (God willing) fully prove by such Demonstrations; Arguments, punctual Authorities, and undeniable precedents in former ages, as shall I tro • undeceive the blinded world, and convince, if not satisfy the greatest Royalists, and Malignants, both in point of Law and Conscience, in the next part of this Discourse, which shall pass the Press with a • convenient expedition, if God permit.

Errata.

Page 2. l. 31. read all the royal: p. 15. l. 26. enact, r. exact, p. 17. l. 17. of, and, p. 20. l. 16. if it, r. if being la • down, it, p. 22. l. 18. last doubtful rising.