Plea for the Lords and House of Peers, Treatise · Supplement (3 of 3)

Plea for the Lords and House of Peers · Treatise · Supplement (3 of 3)

p. 478The King, by the advice and aſſent of the Lords Spiritual and Temporal in this preſent Parliament aſſembled, Reſponſ.at the request of the Commyns being in the ſame, agreeth and aſſenteth to this Petition, and it accepteth, with certain moderations, proviſions and exceptions by his Highneſs thereupon made, and in ſchedules written, and in the ſame Parliament delivered, the tenours of which hereunder follow, &c.

Convenit cum Recordo.

This Judgement, cenſure, repeal in full Parliament of the depoſition and proceeding againſt King Richard the 2. upon the Commons own Petition, by this Act, never yet reverſed, as moſt wicked, treaſonable, unrighteous, againſt Gods Laws and Mans, crying for vengeance in Gods hearing in heaven, and exemplarily puniſhed upon the whole kingdom, Nation, and Henry the 4. his poſterity on earth, with the ſad inteſtine warres, miſeries that attended it, are ſufficient arguments of its unlawfulneſs & deteſtableneſs, againſt all thoſe who deem it juſt, or allege it for a preſident to juſtifie their extravagances of a more execrable and tranſcendent Nature. 16ly, It is very obſervable, that Roger Mortimer, Earl of March, who had the p. 479chief hand in depoſing, murthering King Edward the 2. after he was depoſed, was (o)(o)Henry de Knyghton, de Event. Angl. l. 3. c. 16. col. 2556, 2557, 2558.in the Parliament of 4 E. 3. condemned and executed for it as a Traytor, without any legal trial, all his lands confiſcated; and Queen Iſabel her ſelf (who concurred with him) like to be questioned for her life and abridged in her maintenance. Moreover, King Richard the 2. Granchild and next heir to King Edward the 3. who impriſoned, depoſed and invaded his Fathers throne, (though ſomewhat againſt his will) was impriſoned, depoſed, proceeded againſt in the ſelf ſame manner as Edw. the 2. was, by his very preſident, and ſoon after murdered (like as Edw. the 2. was) by King Henry the 4. After which king Henry the 4. his Granchild, Henry the 6. was alſo in the ſelf ſame manner, impriſoned, depoſed, attainted of high Treaſon, with his Queen and Adherents in the Parliament of 1 Edw. 4. n. 8. to 33. and at laſt murdered by Edw. the 4. his procurement, to ſecure the Crown to himſelf and his Poſterity. Yet no ſooner was King Edw. the 4. dead, but his own Brother (p)(p)See Sir Tho. Moor, Hall Holinſhed, Grafton, Speed, Baker, in R. 3. An Exact abridgment, p. 709, 710, 711, &c.Richard Duke of Gloucester, (who by his inſtigation murdered King Henry the 6. with his own hands) procuring himſel… to be Protector of his ſon, King Edw. the 5. then young, getting his Brother and him into his cuſtody by treachery, perjury, and hypocriſie, cauſed them both to be barbarouſly murdered, to ſet the Crown on his own head; which he moſt ambitiouſly aſpired after, yet ſeemed unwilling to embrace, till enforced to accept it, by a Petition and Declaration (drawn up by his own Inſtruments) preſented to him, in the name of the Lords Spiritual and Temporal, and Commons of the Realm of England; wherein he branded his Brother king Edw. the fourth his marriage, as illegal, and his iſſue as illegitimate; aſperſed his Life and Government, as one by whom the Laws of God, of Gods Church, of the Land, and of nature, and alſo the laudable Customs and Liberties of England (wherein every Engliſh man is inheritor) were broken, ſubverted, contemned, againſt all reaſon and juſtice; So that the Land was ruled by ſelf-will and pleaſure, fear and dread, all manner of Equity and Law laid apart and despiſed, p. 480ſo that no man was ſure of his life, land, or livelihood; and many inward diſcords, battels, effuſion of much Chriſtian bloud, and deſtruction of the Nobles bloud of this land, enſued and were committed through all the Realm, unto the great ſorrow and heavineſs of all true Engliſhmen. And then he declared himſelf, undoubted heir and inheritor of the Crown by deſcent, grounded on the Laws of God and Nature, and the antient Laws and laudable Cuſtomes of this Realm; yet for further ſecurity ſuperadded another Title, of lawfull Election by the three Eſtates in Parliamen…; then he intayled the Crown upon the iſſue of his body begotten, and declared his ſon Prince Edward to be his heir apparent, to ſucceed him in the Crown and royal Dignity by Act of Parliament, which he ratified with his own royal aſſent. This done, he reputed the Crown cock-ſure to him and his heirs for all generations. Yet notwithſtanding all his Machiavilian Policies, Power, Vigilancy, care, induſtry to ſecure his uſurped Royalty, by the murther of two Kings and many others, (ſome of them moſt inſtrumental to advance him to the royal Throne) before he had worn the Crown full 3. years, Henry Earl of Derby laying Title it, and landing in Wales only with 2000 ſoldiers, King Richards own Souldiers, Friends and others revolting from him, and joyning with the Duke; he was ſlain in Poſworth field, and loſt both his life and Crown together, if not his ſoul for all eternity: and by the Statute of 1 H. 7. c. 6. he was declared an Uſurper of the Realm. So unable are Parliaments themſelves to ſecure Crowns on Uſurpers heads, or to entayl them for any long continuance on their Poſterities; as theſe ſad tragical domeſtick preſidents of later times with ſundry antienter demonſtrate.

(q)(q)See Hall, Grafton, Speed, Holinſhed, Sir Francis Bacon, in his life▪King Henry the ſeventh, having gained actual poſſeſſion of the Crown, as right heir thereunto by the Lancaſtrian line, and eſpouſed the better title of York, by marrying the heir female; to ſecure himſelf and his adherents for the future, if any wars ſhould ariſe about theſe dubious litigious Titles by Perkin Warbecks or others claims, confirmed by ſeveral Acts of Parliament, and Succeſſions of p. 481Kings of both Houſes, claiming both as next heirs of the antient royal Line; not to ſecure any future Uſurpers, without juſt right or title, though not of the old bloud Royal, if once Kings de facto, as (1)(1)3 Inſtit. f. 7.Sir Edward Cooke ſeems to intimate, and ſome ignorant Lawyers aſſert, (againſt the intent and Prologue of the Act it ſelf,) cauſed it to be enacted, 11 H. 7. c. 1. That from henceforth no perſon or perſons whatſoever, that attend upon THE KING and Soveraign Lord of this Land for the time being in his perſon, and do him true and faithfull Service of allegeance in the ſame, or be in other places by his commandment in the warrs within the Land or without; ſhall for the ſaid deed, and true duty of allegiance, be in no wiſe convict or attaint of High Treaſon, or other offences for that cauſe by Act of Parliament, or otherwiſe, by any proceſs of Law, whereby he or any of them ſhall loſe or forfeit life, lands, goods, chattels, or any other things; but to be for that deed and ſervice utterly diſcharged of any vexation, trouble or loſs. And if any Act or Acts, or any other proceſs of the Law hereafter thereupon for the ſame happen to be made, contrary to this Ordinance, that then that Act or Acts, or other proceſs of the Law, whatſoever they ſhall be, ſhall ſtand & be utterly void: The reaſon is rendred in the Prologue; That it is not reaſonable, but againſt all Laws, reaſon and good conſcience, that the ſaid Subjects going with their Soveraign Lord in wars, attending upon his perſon, or being in other places, by his commandment, within this Land or without, any thing ſhould loſe or forfeit for doing their true duty and ſervice of Allegiance. This Act (which ſome conceive to be only ††See 1 H. 7. c. 6.perſonal and temporary for Henry the 7. alone) could not ſecure the Heads, Lives, Liberties, Lands, Offices, Goods or Chattels of thoſe Lords, Gentlemen, and other Engliſh Subjects, from Executions, Impriſonments, Baniſhments, Forfeitures, Sequeſtrations, who accompanied, aſſiſted our late King in his warrs againſt the Parliament, though King de facto, and de jure too, without any competitor: (2)(2)See An Exact abridgment, p. 150, 151, 259, 260, 261, 299, 300, 576, 611, 612. The Hiſtory of Independency, Part. 2.Both Houſes declaring them to BE TRAYTORS, p. 482and ſequeſtring, proceeding againſt them as Traytor, yea our Grandees ſince have executed them as ſuch, in their new erected High Courts: How then it can totally indemnify any Perkin Warbecke, Jack Cade, or apparent Uſurpers of the Crown without right or Title, who ſhall per fas aut nefas, get actual poſſeſſion of the Royal throne, and be Kings de facto; or ſecure all thoſe who faithfully adhere unto them (though to diſpoſſeſs the King de jure, or his right heir of their juſt royalty and right, againſt all Laws of God, man, all rules of juſtice, and their very Oathes of Allegiance, Supremacy, Homage, Fealty, Proteſtations, Leagues, Covenants formerly made unto them) from all ſutes, vexations, loſſes, forfeitures whatſoever, and null all Act or Acts, and legal Proceſs made againſt them (as many Grand Lawyers now conceive it doth) tranſcends both my Law and reaſon too. That opinion of Sir Edward Cooke 3. Inſtit. f. 7. & 9 E. 4. f. 1. b. (whereon this erronious Gloſs is grounded) That a King regnant in poſſeſſion of the Crown and kingdom, though he be Rex de facto, & non de jure; yet he is, Seignior le Roy, within the purview of the Statute of 25 E. 3. ch. 2. of Treaſon: and the other King that hath right and is out of poſſeſſion, IS NOT WITHIN THIS ACT. Nay, if Treaſon be committed againſt a King de facto, et non de jure, and after the King de jure cometh to the Crown, he ſhall puniſh the Treaſon done to the King de facto. And a pardon granted by a King de jure, that is not alſo de facto, is voyd: being no doubt a very dangerous, and pernicious Error both in Law and policy, perverting thoſe Laws which were purpoſely made for the preſervation of the Lives, Crowns, Rights, Titles, Perſons of lawfull Kings, againſt all attempts, Treaſons, Rebellions againſt them; and for the exemplary puniſhment of all Traytors, Rebels, Uſurpers who ſhould rebel, wage warr, or attempt any Treaſon, Conſpiracy againſt their royal Perſons, Crowns, Dignities, Titles; into a meer Patronage of Traytors, Rebels, Uſurpers and a Seminary of endleſs Treaſons, Aſſaſſinations, Conſpiracies againſt them; by indemnifying, exempting both them p. 483and their Confederates from all legal proſecutions, penalties, forfeitures whatſoever, if they can but once gain actual poſſeſſiō of the Crown by any means, upon the forcible expulſion, depoſition, aſſaſſination, or murder of the King de jure. Which if once declared for Law, I appeal to all Lawyers, Polititians, Stateſmen whatſoever, whether it would not preſently involve our kingdoms in endleſs, perpetual Rebellions, Uſurpations, War, Regicides, as it did the Norwegians heretofore: where by a kind of Law and Cuſtom, as our (3)(3)Hiſt. Angl. l. 3. c. 8. p. 233, 234.Gulielmus Nubrigenſis relates: Q…cunque Rege tyrannice occiderat, eo ipſo perſonam et potestatem Regiam induens, ſuo quoque occiſori tandem poſt modicum fortunam inveteratae conſuetudinis lege relicturus. Quippe ut dicitur) à centum retrò annis et eo amplius, cum Regum ibidem numeroſa ſucceſſio fuerit, Nullus eorum ſenio aut morbo vitam finivit, fed omnes ferro interiere, ſuis interfectoribus, tanquam legitimis ſucceſſoribus, regni faſtigium relinquentes: ut ſcilicet omnes qui tanto tempore ibidem imperaſſe noſcuntur, illud quod Scriptum est reſpicere videatur; ††1 Kings 21.19.1 Kgs 21:19OCCIDISTI INSUPER ET POS SEDISTI. Wherefore to prevent the dangerous Conſequences of theſe falſe Gloſses on the Statutes of 25 E. 3. c. 2. & 11 H. 7. c. 1. I ſhall lay down theſe infallible grounds: 1. That all (4)(4)See Forteſc…e, de Laudibus legum Angliae.publike Laws are and ought to be founded in Justice, righteouſnes, and common honeſty, for the preſerving, ſecuring the lives, perſons, eſtates of all men, eſpecially of lawful Kings and Supreme Magiſtrates from all violence, invaſion force, diſſeiſins, uſurpations, conspiracies, aſſaſſinations, (being againſt all rules of Law and Juſtice,) Exod. 20.12. to 18. c. 21, & 22. & 23. Mat. 5.17. to 48. c. 7. 12. Deut. 4.18. Pſal. 19.8.9. Pſ. 119.7.106, 137, 138·160, 167. Rom. 7.12. Deut. 6.25. Pſ. 33.5. Pſ. 45.7. Pſ. 72.2. Pſ. 74.15. Prov. 8.18. Prov. 24.21. Rom. 13.1. to 7. Lu. 20.25. Tit. 3.1, 2, 3. 1 Tim 1.9, 10. Job 20.19. c. 24.2. Mich. 2.1, 2, 3, 4. Jer. 6.7. c. 20.8. c. 22.3.17. Ezech. 45. c. Hab. 1, 2. to 10. Lu. 3.14, Whence (5)(5)De Legibus, p. 490.Cicero thus defines Law; Lex est ratio ſumma, inſita in natura, quae jubet ea (justa) p. 484quae facienda ſunt, prohibe que contraria. Therefore theſe 2. Statutes were purpoſely made for thoſe great ends, and ought to be interpreted onelyonly for the beſt advantage of Lawfull Kings and their adherents; not for the indemnity, impunity, encouragement of Traytors, Rebels, Intruders, Uſurpers. 2ly, What (5)(5)De Inventio: p. 50.Tully writes of the Roman Senators, we ought to doe the ſame of our Engliſh Parliaments and Legiſlators: Ea virtute et ſapientia majores noſtri fuerunt, ut legibus ſcribendis nihil ſibi aliud quam ſalutem atque utilitatem reipublicae proponerent. Whence he there inferrs: A Legibus nihil convenit arbitrari, niſi quod reipublicae conducat, proficiſci; quoniam ejus cauſa ſunt comparatae. Therefore theſe Laws are to be interpreted for the beſt ſecurity, ſafety, preſervation of the lawfull heads of the Commonwealth, and their rightfull heirs and loyal dutifull ſubjects; not for their deſtruction, and the indemnity, ſecurity of Uſurpers, Traytors, Rebels, aſpiring after their Crowns, Thrones, Aſſaſſinations, to the publike ruine. 3ly, All the branches of the Statute of 25 E. 3. c. 2. (made at the ſpecial request of the Lords and Commons, and that by a lawful King at that ſeaſon) declare this Statute to be meant only of a lawful King whiles living, whether in or out of actual poſſeſſion of the Realm, not of a bare Uſurper in poſſeſſion without right, as Sir Edward Cooke expounds it:(6)(6)See Cooks 8 Report. ſ. 28. elſe it will neceſſarily follow That it ſhall be no Treaſon at all to compaſſe or imagine the death of the King de jure (if once diſpoſſeſſed for a time by Violence and Treaſon) or of his Queen, or eldeſt ſon and heir; or to violate his Queen or eldeſt daughter not married: or to levy war againſt the lawfull King in his Realm, or to be adherent to his Enemies within the Realm or elſewhere, or to counterfeit his Great or Privy Seal or mony; &c. But high Treaſon in all theſe particulars in relation only to the Ʋ ſurper in poſſeſſion, without and againſt all right and Title: which would put all our rightful Kings and Supreme Governors into a farr worſer, ſadder condition, than their Trayterous Ʋſurpers: and into a worſe plight than every Diſſeiſee, or lawfull heir intruded upon by abatement, or p. 485diſpoſſeſſed by torcions, unjuſt, or forcible entries; for which our **See Brooke, Fitzherbert, Statham, Aſh, & Raſtals Abridgments, Title, Diſſeiſin, Abatement, Forcible Entries, Aſſize, Impriſonment, Intruſion, &c.Common and Statute Laws have provided many speedy and effectual means of recovering their poſſeſſions, and Damages too againſt Diſſeiſor…; Abators, Intruders on their Inheritances, Freeholds; & for exemplary puniſhment, fining, impriſonment of the Diſſeiſors, Abaters; but no means of recovery at all for our diſhinherited, diſpoſſe…ed Kings or their heirs againſt Intruders, Ʋſurpers of their Crowns; nor puniſhments againſt them, their Confederates, or Adherents, if our Laws concerning Treaſons extend not unto them, though Kings de jure, but only to Uſurpers de facto, et non de jure; and if the Statute of 11 H. 7. exempt them from all kinds of penalties, forfeitures by the lawfull King, when he regains poſſeſſion of the Crown; as ſome now expound them, 4ly. It is reſolved both by our (1)(1)1 E. 4. n. 10, 11. 1 Ja…. c. 1. Cook 7 Rep. f. 10, 11. Calvins caſe, & fol. 30, 31. Cooks 3 Inſtit. f. 7.Statutes, Judges, Lawbooks, over and over: That there is no Inter-regnum in our hereditary kingdom, or any other: That ſo ſoon as the rightfull hereditary King dies, the Crown and Realm immediatly deſcend unto and are actually vested in the perſon and poſſeſſion of the right heir, before either he be actually proclaimed or crowned King▪ and that it is high Treaſon, to attempt any thing against his Perſon or royal authority before his Coronation, becauſe he is both King de jure, & de facto too: as was adjudged in Watſons and Clerks caſe, Hill. 1. Jacobi: Hence upon the death of (2)(2)Mat. Weſt. An. 1272. p. 251, 252. See Walſingham, Holinſhed, Daniel, Speed Grafton, Baker, An. 1 E. 1.King Henry the 3. though Prince Edward his heir was abſent out of the Realm in the holy wars, where he received a dangerous wound by an aſſaſſinate, and was not certainly known to be alive; yet all the Nobility, Clergy and people going to the high Altar at Weſtminſter, ſwore fealty and allegeance to him as their King, appointed a New Seal and Officers under him, qui theſauram Regis & pacem regni fideliter cuſtodirent: Sicque pax Novi Regis Edwardi in cunctis finibus regni proclamatur; Edwardo fidelitatem Jurantes; qui ſi viveret penitus ignorarunt. Beſides it is both enacted, reſolved in our (3)(3)Praerog. Regis, c. 8.13. Stamf. Prerog. c. 14. f. 40. c. 24 f. 72. See all the Books cited in Aſhes Tables, Tit. Intruſion, Praerogative 22. Britton, f. 88 Littleton ſect. 178. Cooks 1 Inſtit. f. 119. Cook 7 Rep. f. 28.Statutes, Lawbooks, That Nullum tempus occurrit p. 486Regi: and that when the King is once in legal poſſeſſion of his Crown Lands, or any Lands holden of him by reaſon of his Praerogative, he who enters or intrudes uppon them, ſhall gain no freehold thereby: yea, if the Kings Tenant dieth, and his heir enter into the lands his anceſtors held of the King, before that he hath done his homage and received ſeiſin of the King, though he hath a right of inheritance to the Lands by Law, yet he ſhall gain no freehold, and if he die, yet his wife ſhall not be indowed, becauſe he gained no freehold, by his entry, but only a naked poſſeſsiō ; much les then ſhal a meer Intruder gain any Freeheld or intereſt in the Crown or Crown lands it ſelf, to the prejudice of the rightfull King or his heirs; This is moſt evident, by the ſacred preſidents of K. David, ſtill King, when unjuſtly diſpoſſeſſed & driven out of his kingdom by his unnatural Son Abſolon, who made himſelf King de facto: (who was yet a traytor with all his Adherents, and came to a tragical end) 2. Sam. c. 15. to c. 20. by the caſe of **1 Kings 1.2.1 Kgs 1:2Adonijah the Ʋſurper and his Adherents, ſlain and degraded as Traytors; and of the Uſurper Athaliah, who had near 7. years poſſeſſion of the Throne, and ſlew all the bloud royal, but Ioaſh; yet was ſhee diſpoſſeſſed, ſlain as a murderer, traytor, uſurper, and Ioaſh the right heir ſet upon the Throne, and crowned King by Jehoiada the high Prieſt, the Captains and Rulers of the hoſt, and Officers, people of the Land who all rejoyced and the City was quiet after that they had ſlain Athaliah with the ſword; 2 Kings 11. 2 Chro. c. 23. And as this was Gods Law amongſt the Jews: So it was the antient Law of England, under the antient Britons; as is evident by the caſe of the Uſurper Vortigern, (c)(c)Mat. Weſt. An. 445. to 467. See Holinſhed, Grafton, Speed, & others in their lives. Galfridus Monumetenſis, & Ponticus Verunnius: Hiſt. l. 6, 7, 8.who af…er his Uſurpation of the Crown by the murther of two rightfull Kings, Conſtantine and Conſtance, and near 20 years poſſeſſion by uſurpation; the Britons calling in and crowning Aurelius Ambroſius the right heir, for their lawfull King, he was proſecuted by him, as a Traytor both to his Father and Brother, whom he cauſed to be murdered to gain the Crown, beſieged, aſſaulied and burnt to death in the Caſtle of Genorium in Wales with all his adherents that were in it. p. 487This Law continued not onelyonly under our Saxon Kings, but Engliſh too: as is evident by the caſe of ††See Hoveden, Nubrigenſis, Mat. Paris, Mat. Weſtminſter, Bromton, Daniel, Holinſhed, Polychronicon, Fabian, Baker Stow, Speed, in the life of King Stephen, and Henry 2.Qu. Maud, reputed a lawfull Queen, notwithſtanding the uſurpation, Coronation and actual poſſeſſion of King Stephen in her abſence▪ (d)(d)Gulielmus Nubrigenſis, lib. 2. cap. 2. Chronicon Johan. Bromton, col. 1044.all whoſe grants of the Crown lands were reſumed by her Son King Henry the 2. and King Stephens Charters and Grants of them, reſolved null and void againſt King Henry, becauſe made by a Uſurper, and Invader of the Crown.

(e)(e)Mat. Weſt. Mat. Paris, An. 1216. Polychronicon, Fabian, Daniel, Holinſhed, Grafton, Speed, in K. John, & H. 3.King John in the year 1216. was renounced by moſt of his Nobles, Barons, people, who elected, crowned, and ſwore allegeance to Lewes, as their King; and diſpoſſeſſed King John of all or moſt of the Realm: who thereupon, at his death, cum ſumma mentis amaritudine, maledicens, & non valedicens omnibus Baronibus ſuis, pauper & omni theſauro deſtitutus, nec etiam tantillum terrae in pace …inens, ut vere JOHANNIS EXTORRIS, diceretur, ex hac vita miſerrime tranſmigravit; Henricum primogenitum ſuum REGNI CONSTITUENS HAEREDEM; Yet no ſooner was he dead, though Lewes was K. de facto, and that by the Barons own election, who called him in and crowned him; but Gualo the Popes Legat, and many of the Nobles and People aſ…embling at Gloceſter, there crowned Henry his Son, for their true and lawfull King at Gloceſter, cogente neceſsitate: quoniam Westmonaſterium, ubi locus eſt ex conſuetudine regiae conſecrationis deputatus, tunc ab inimicis ſuis ſuit obſeſſum. After his Coronation he received the homages and fealties of all the Biſhops, Earls, Barons, and others preſent at his Coronation, (f)(f)Mat. Paris. p. 278.Sicque Nobiles Univerſi & Castellani, eo multo fidelius quam regi Johanni adhaeſerunt, quia propria patris iniquitas, UT CUNCTIS VIDEBATUR, filio non debuit imputari, After which moſt of the Nobles and Engliſh deſerting Lewes, ſubmitted themſelves to Henry as their lawfull p. 488Soveraign, routed the French forces, beſieged Lewes in London, forced him to ſwear that he would depart the Realm, and never to return more into it during his life, and preſently reſtore all the Lands and Caſtles he had taken in England, by warr, and reſign them to King Henry: Which he accordingly performed. Moſt of the Barons who adhered to Lewes, and ſubmitted themſelves to King Henry, were by agreement reſtored to all their rights, inheritances and Liberties: But (g)(g)Mat. Paris, p. 288. Mat. Weſt. p. 106.ſome Biſhops, Abbots, Priors, Secular Canons, and many Clergy-men, qui Ludovico & Baronibus conſilium praeſtuerant, et favorem, and continued obſtinare, were excepted out of the compoſition between King Henry and Lewes, and thereupon deprived of their livings, goods, and forced to make fines and compoſitions, for adhering to the Uſurper Lewes, though King de facto for a ſeaſon. Therefore a King de facto, gets neither a legal freehold againſt the King de Jure, or his heirs; nor can he indemnify his adherents againſt his Juſtice, who are ſtill Traytors by adhering to him though crowned: and the King de jure may puniſh them as ſuch. 5ly, Since the Statute of 25 E. 3.(h)(h)See An exact Collection, p. 670, 671, 672, 677, &c. (which altered not the Law in this point before it) in the Parliaments of 1 E. 4. ro…. Parl. n. 8. to 37.4 E. 3. n. 28. to 41.14 E. 4. n. 34, 35, 36. King Henry the 6. himſelf, (though king de facto for 39. years, and that by Act of Parliament, and a double deſcent from Henry the 4th, and 5th, Uſurpers and Intruders) together with his Queen, and ſundry Dukes, Earls, Barons, Nobles, Knights, Gentlemen who adhered to him in his wars againſt Richard Duke of Yorke, and Edward the 4th, King de jure; were all attainted of high Treaſon, all their lands, goods, chattels forfeited, ſome of them executed as Traytors, for adhering to Henry the 6. and aſſiſting him in his wars againſt Edward the 4th. king only de jure, it being adjudged High Treaſon within the Statute of 25 E. 3. againſt Sir Edward Cooks fond opinion to the contrary. As for the Year-book of 9 E. 4. f. 1. b. that the King de jure when reſtored to the Crown, may puniſh Treaſon againſt the king de facto, who uſurped on him, either p. 489by levying warr againſt him, or compaſſing his death, it was ſo farr from being reputed Law in any age, (being without and againſt all Preſidents) or in King Edward the fourths reign, that thoſe who levied war againſt Henry the 6. were advanced, rewarded as loyal Subjects, not puniſhed as Traytors for it, by King Edward the 4th, when actually King; It being not only a diſparagement, contradiction to the Juſtice, Wiſdom, Title, Policy, and dangerous to the perſon, ſafety of any King de jure, to puniſh any of his Lieges, Subjects for attempting the deſtroying, depoſing of an Ʋſuper of his Crown, and Archtraytor to his perſon; but an owning of that Uſurper as a lawfull King, againſt whom high Treaſon might be legally committed, and a great diſcouragement to all loyal Subjects for the future, to aid him againſt any Intruders that ſhould attempt or invade his Throne, for fear of being puniſhed as Traytors, for this their very loyalty and zeal unto his ſafety. Moreover all the gifts, grants made by Henry the 4, 5, 6. themſelves; or in and by any pretenced Parliaments under them, were nulled, declared void, and reſumed, they being but meer Uſurpers and kings de facto, not de jure. 6ly, It is the judgement, reſolution of (a)(a)Plutarchi Poplicola, Bodins Commonwealth, l. 2. c. 5. Cicero Orat. pro T. Ann: Milone. Aquinas de Regimine Principum, l. 1. c. 6. 2 Diſt. artic. 44. qu. 2.2.5 m. Emanuel Sa. Aphoriſm, verb. Tyrannus▪ Mariana de Rege & Regum Inſtit. l. 1. c. 5, 6, 7, 8. Buchanan de Jure Regni apud Scotos: & Rerum Scot. Hiſt. Junius Brutus Vindiciae contra Tyrannos, quaeſt. 2, 3. Grotius de Jure Belli, l. 1. c. 4.learned Polititians, Hiſtorians, Civilians, Canoniſts, Divines, as well Proteſtants as Papiſts, Jeſuites, and of ſome (b)(b)Regal Tyranny Diſcovered: Killing no Murder.Levellers, in this age, that it is no Offence, Murther, Treaſon at all by the Laws of God or men, but a juſt, lawfull, commendable, heroick, righteous, and meritorious action, to kill, deſtroy, dethrone or wage warr againſt a profeſſed Tyrant, eſpecially ſuch a one who invades his lawfull Soveraigns Throne, Crown, by perjury, treaſon, force, regicide, expulſion, depoſition, or aſſaſſination of his rightfull undoubted Soveraign, againſt his duty, and allegiance, without any colour of juſt Title to the Crown. And this they hold unqueſtionable, when done p. 490either by command or commiſſion from the King de jure… or his rightfull heir or ſucceſſor, though out of actual poſſeſſion; or out of meer loyalty and duty to reſtore them to the juſt poſſeſſion of their Thrones, or to free their Native Country from the miſeries, oppreſſions, wars, murders, bloudſheds, and apparent deſtruction occaſioned by his Uſurpation of the Crown; which is warranted by the preſidents of Athaliah 2 Kings 11. & 2 Chron. 23. and of Zimri, 1 Kings 16.8. to 23. recorded in Scripture, with hundreds of examples in other Hiſtories of all antient and modern Empires, kingdom…. Beſides, when the uſurping King de facto is removed, dead, deſtroyed, and the king de jure, or his right heir, reſtored by way of (c)(c)Littleton, ſect. 659, &c. & Cook, ibid.remitter to the actual poſſeſſion of the Crown, in diſaffirmance of the uſurpers right and poſſeſſion, they are in the ſelfſame plight and condition in Law, as if they had never been uſurped upon or diſpoſſeſſed of the Throne. Therefore the King de jure can neither in Law nor Juſtice when remitted, puniſh any ſuch attempt againſt the king de facto, as Treaſon; it being no Treaſon in it ſelf, and the Uſurper no lawfull king at all, but the very worſt and greatest of Traytors, whiles a Uſurper. So that 9 E. 4. f. 1. b. can be no Law at all, but a moſt groſs abſurdity. 7ly, It is a Principle in Law, that no (d)(d)Lit. ſect. 237, 238, 240, 461. Cooks 1 Inſtit. f. 271. …. 9 H. 7.21. b.Diſſeiſor, Treſpaſſor or Wrong-doer, ſhall apportion or take advantage of his own wrong, in the caſe of a common perſon: much leſs then ſhall the Uſurper of the actual poſſeſſion of his lawfull Soveraigns Crown, being the higheſt Offender, Traytor, Wrong-doer, take advantage to ſecure himſelf or his adherents, by his wrongfull, trayterous poſſeſſion, againſt the Statute of 25. E. 3. or the ax of Juſtice. The rather, becauſe this (e)(e)See here, p. 275, 276.278, 281.323, 324, 327, 328.Statute was made, and the Treaſons therein ſpecified, declared and enacted to be Treaſon by King Edward the 3. and moſt of of thoſe Lords, who in the Parliament of 4 E. 3. (but 21. years before) at this Kings requeſt, and by his aſſent, declared, adjudged, condemned, executed Roger Mortimer, and his Complices as Traytors, guilty of HIGH TREASON p. 491for murdering King Edward the 2. his father, after he was depoſed in Parliament, becauſe he was ſtill king de jure, though not de facto: Therefore they moſt undoubtedly reſolved the king de jure, though not regnant, to be a King within that Act; not the king de facto, without right or title, as Sir Edward Cooke erroniouſly aſſerts. 8ly, If the imagining or compaſſing the death, or depoſing, or impriſoning of the King declared by overt act, or rearing war againſt him, or adhering to his enemies, by any ambitious Uſurper, be High Treaſon within this Act, for which he and his adherents ſhall loſe their lives, lands, eſtates, and ſuffer as Traytors, though he never actually kill, depoſe, impriſon or diſpoſſeſs the King of his actual Regal power, as the (f)(f)Spelman. Concil. p. 297.521.Council of Calchuth, An. 787. cap. 3. The Council of Aenham, An. 1009. cap. 26. with all our antient **Bromton, Chron. col. 822.828.Laws, Lawbooks, Lawyers cited by Sir Edw: Cook in his 3. Inſtit. c. 1, 2. the Statutes of 25 E. 3. all our (g)(g)Raſtals Abridgment, Tit. Treaſon, See Crookes Reports, p. 117, to 126.583.other Acts concerning Treaſon: and the forecited Judgements, Preſidents in Parliament, with others in Queen Elizabeths reign abundantly evidence: Then it is much more High Treaſon in the higheſt degree within the letter▪ intention of all theſe Laws, actually to uſurp and get poſſeſſion of the Crown by levying warr againſt, and impriſoning, degrading, expelling, baniſhing or murdering the lawful King himſelf, and depriving him or his right heir of the poſſeſſion of the Crown; there being a complication of all the higheſt Treaſons involved in an actual uſurpation, and a greater damage, prejudice to the King, kingdom, than in a ſucceſsleſs attempt alone, which proves abortive, and is quickly ended. And if ſo, then ſuch an Arch-Traytors actual uſurpation of the Crown, muſt by conſequence be ſo far from indemnifying him, or mitigating, or expiating his Treaſons, that it doth aggravate them to the higheſt pitch, and expoſe him and his adherents to the higheſt penalties though king de facto, and that both by the Law of God himſelf; as is evident by the caſes of (h)(h)2 Kings 11 2 Chron. 33.2 Kgs 112 Chr 33Athaliah, and of (i)(i)1 Kings 15.25. to 31. c. 16.1. to 21.1 Kgs 15:25–31Baaſha, who conſpiring againſt and ſlaying his Soveraign Nadab, ſon of Jeroboam, p. 492and then reigning in his stead, ſmote all the Houſe of Jeroboam, not leaving to him any that breathed, according to the ſaying of the Lord: yet becauſe he provoked God to a…ger with the works of his hands in being like the Houſe of Jeroboam, 2 Kings 16.2 Kgs 16and BECAUSE HE KILLED HIM; his ſon Elah (who reigned in his ſtead two years) was by Gods retaliating Juſtice ſlain by Zimri: who reigning in his ſtead, aſſoon as he ſat on the Throne, ſlew all the houſe of Baaſha, ſo that he left him not one that piſſed againſt the wall, neither of his kinsfolks nor of his Friends, according to the word of the Lord which he ſpake againſt Baaſha by Jehu the prophet. When Zimri had thus reigned by Uſurpation, bloudſhed but 7. days, all the people of Iſrael that were incamped againſt Gibethon, hearing that Zimri had conſpired and alſo ſlain the King made Omri, Captain of the host, king over Iſrael that day in the camp: who preſently all marched from Gibethon to Tirzah, & beſieged Zimri in it; where he was burnt with fire in the Kings houſe, and died for his ſins, and THE TREASON which he wrought. All theſe Uſurpers, though kings de facto, and Gods ſpecial inſtruments to puniſh and cut off other evil Kings and their families (who uſurped the Crown of Iſrael and kept the 10. revolting Tribes from the houſe of David to whom God had annexed them at firſt, till rent from it by Jeroboams rebellion for Solomons ſin) were yet Traytors ſtill in Gods and mens account, and thus exemplarily ſlain and puniſhed as ſuch. The like Examples we find in the Gothiſh and Spaniſh Hiſtories, every ſuch actual Invader of the Crown, qui regem nece attractaverit, aut poteſtate Regni exuerit, aut praeſumptione tyrannica regni faſtigium uſurpaverit; being condemned and for ever accurſed excommunicated with the higheſt Anathema that can be inflicted, by the (k)(k)Su…ius Concil. Tom. 2. p. 736, 737, 739.4. Council of Toledo, can. 74. and alſo by the 5. Can. 2, 3, 4, 5, 6. The like preſidents we find in the Hiſtories of the Roman Emperors, of the kings of Denmark, Poland, France, Scotland, and other Realmes, where Uſurpers of the Crown, though in actual poſſeſſion, have been oft times ſlain and executed as the archeſt Traytors by the rightfull Kings or their heirs, or the Nobles p. 493and people of th…ſe Realm; their poſſeſſions of the Crown, being no expiation of their Treaſons, Regicides, but an (l)(l)1 Kings 21.19. Mat. 21.38, 39, 40, 41.1 Kgs 21:19Matt 21:38Matt 21:39Matt 21:40Matt 21:41aggravation of them, both in Law and Goſpel account, unable to ſecure their heads, lives, by their own Law and conceſſion, ſince the actual coronation, unction and poſſeſſion of the kings de Jure whom they murdered, depoſed againſt their Oaths, allegeance, duties, could neither preſerve their crowns, perſons, nor lives from their violence and intruſion. To omit (m)(m)Chytraei Chron. l. 14. Sleidans Com. l. 5.10.he hanging up of Iohn of Leyden, who crowned himſelf a king, with his companions, for Traytors, at Munſter, An. 1535. with all antient domeſtick preſidents of this kind among our Britiſh and Saxon kings: it is very obſervable, that in the (n)(n)An Exact abridgement, p. 670▪ 666, 667.Parliament of 1 E. 4. n. 17, 18. Henry the 6. though king de facto, together with his Queen, Son Edward Prince of Wales, the Duke of Somerſet, and ſundry others, were attainted of high Treaſon, for killing (o)(o)See here, p. 474, 475, 476.Rich. Duke of York at Wakefield, being only king de jure, and declared heir and ſucceſſor to the Crown after King Henry his death; in the P…rliament of 39 H. 6. n. 18. though never crowned, and not to enjoy the poſſeſſion of it during the reign of King Henry: yet Henry the 6. his murder after his depoſition, was never inquired after, though king de facto for ſundry years, and that by deſcent from 2. uſurping anceſtors, nor yet reputed Treaſon. After this (p)(p)Graftons Chronicle, p. 852. Hall, Holinſhed, Speed, and others in his life.king Richard the 3d. uſurping the Crown, and enjoying it as king de facto for 2. years, 2. moneths, and one day; was yet ſlain in Boſworth field, as an uſurping bloudy Traytor, ſtript naked to the skin, without ſo much as a clout to cover his privy members, all ſprinkled over with mire and bloud, then truſſed like a Hogg or Calf behind a purſuivant, and ignobly buried. Sir William Catesby a Lawyer, one of his Chief Counſellors, with divers others, were two dayes after beheaded at Leiceſter, as Traytors, notwithſtanding he was king de facto; and no doubt had not king Richard been ſlain in the field, but taken alive, he had been beheaded for a Traytor, as well as his adherents, being the principal Malefactor, and they but his inſtruments; So that his kingſhip and actual poſſeſſion p. 494of the Crown by intruſion, did neither ſecure himſelf nor his adherents from the guilt or puniſhment of High Treaſon, nor yet the Act of Parliament which declared him true and lawfull King, as well by inheritance and deſcent, as election; it being made by a packed Parliament of his own ſummoning, and ratified only by his own royal aſſent; which was ſo far from juſtifying, that it did make his Treaſon more heinous in Gods and mens eſteem; it being a framing of miſchief, and acting Treaſon by a Law, Pſal. 94.20, 21. which God ſo much abhors, that the Pſalmiſt thence infers, v. 23. And the Lord ſhall bring upon them their own iniquity, and ſhall cut them off in their own wickedneſs; yea, the Lord our God ſhall cut them off: as he did this Arch bloudy Traytor and his Complices, though king de facto by a Law.

9ly, Since the Statute of 11 H. 7. c. 1. (ſome clauſes whereof, making void any Act or Acts of future Parliaments and Legal proceſs againſt it, are meerly void, unreaſonable, and nugatory, as (i)(i)4 Inſtit. p. 42.Sir Cook himſelf affirms of Statutes of the like nature) there have been memorable Preſidents, Judgements in point againſt his and others falſe gloſſes on it in favour of Uſurpers, though King or Queen de facto, and their Adherents, againſt the lawfull Queen and heir to the Crown, which I admire Sir Edward Cooke, and other Grandees of the Law forgot, or never took notice of, though ſo late and memorable.

King (k)(k)Fox Acts & Monuments, Vol. 3. p. 6. to 37. Holinſhed, Grafton, Speed, How, Stow, Baker, Sir John Heyward, and others, in Edward the 6. & 1 Mariae.Edward the 6. being ſick and like to dye, taking notice, that his Siſter Queen Mary was an obſtinate Papist, very likely to extirpate the Proteſtant Religion, deſtroy that Reformation which he had eſtabliſhed, and uſher in the Pope and Popery, which he had totally abandoned, by advice of his Council inſtituted and declared by his laſt will in writing, and Charter under the Great Seal of England, the Lady Jane (of the bloud royal, eldeſt Neice to King Henry the 8. a virtuous Lady and zealous Proteſtant, without her privity or ſeeking) to be his heir and Succeſſor to the Crown immediately after his death; for the better confirmation whereof, all the Lords of his Privy p. 495Council, moſt of the Biſhops, Great Officers, Dukes, Earls, Nobles of the Realm, all his Judges and Barons exept Hales, the Serjeants and great Lawyers, with the Mayor and Aldermen of London, ſubſcribed their Names, and gave their full and free aſſents thereto: wherupon immediately after King Edwards death, July 9. 1553. Iane was publikely proclamed Qu. of this Realm, with ſound of trumpet, by the Lords of the Council, Biſhops, Judges, Lord Mayor and Aldermen of London: So as now ſhe was a Queen de facto, backed with a very colourable Title from King Edward himſelf, his Council, Nobles, Judges, and the other ſubſcribers to it, being likewiſe eldeſt Neece to King Henry the 8. of the bloud-royal. For defence of her perſon and Title when proclamed Queen, and to ſuppreſs Mary the right heir, the Council ſpeedily raiſed a **Inferre vim, eorum eſt, qui vires, habent abſque conſilio: Praeterea ſi quis violenter audeat agere, non paucis egebit ſociis, qui vero perſuader… poteſt, nullis. Xenophon Memorabilium, l. 1. p. 713.great power, of 8000 foot, and 2000 horſe, of which the Duke of Suffolk was firſt made General, being her Father, but ſoon after the Duke of Northmberland by Commiſſion from the whole Council in Queen Janes Name, who marched with them to Cambridge, and from thence to St. Edmunds Bury, againſt the Lady Mary, Queen only de jure, not de facto. But many of the Nobles, and the generality of the people inclining to Queen Mary the right heir, and reſorting to her ayd to Fotheringham Caſtle; thereupon the Council at London repenting their former doings, to provide for their own ſafety, on the 20. of June 1553. proclamed Mary Queen; and the Duke of Northumberland hearing of it, did the like in his Army, who thereupon deſerted him. From which ſodain alteration, the Author of Rerum Anglicanarū Annales, printed Lond. 1616. l. 3. p. 106. hath this memorable obſervation. Tali tamen & constanti veneratione nos Angli legitimos Reges proſequimur, ut ab eorum debito obſequio nullis fucis aut coloribus, imo ne Religionis quidem obtentu, nos divelli patiamur: cujus rei Janae hic caſus, indicium poterit eſſe plane memorabile. Quamvis enim Dominationis illius fundamenta validiſsima jacta fuiſſent, cui et ſumma arte ſuperſtructum eſt, quam primum tamen Regni vera et indubitata haeres ſe Civibus oſtendit, p. 496omnis haec accurata structura concidit illico, & quaſi in ictu oculi diſsipata eſt: idque eorum praecipue opera, quorum propter Religionis cauſam propenſiſsimus favor Janae adfuturus ſperabatur, &c. **Fox Acts & Mon. Vol. 3. p. 101, 102.All the Martyrs, Proteſtant Biſhops and Miniſters, impriſoned and burnt by her: humbly requiring, and in the bowels of our Lord Jeſus Chriſt beſeeching all that fear God, to behave themſelves as obedient Subjects to the Queens Highneſs, and the ſuperiour powers which are ordained under her, rather after their example to give their heads to the block, than in any point to rebell againſt the Lords anointed, Queen Mary: in no point conſenting to any Rebellion or ſedition against her Highneſs; but where they cannot obey, but muſt diſobey God, there to ſubmit themſelves with all patience and humility to ſuffer as the will and pleaſure of the higher powers ſhall adjudge. Againſt the doctrine, practice of ſome new Saints of this iron age, who will ward off Chriſts wooden Croſs, with their iron ſwords, and rather bring their Soveraigns heads to the block, than ſubmit their own heads unto it for their very Treaſons, and Rebellions againſt them. So farr are they from believing, practiſing the very firſt Alphabetical Leſſon of our Saviours preſcription, and real Chriſtanity, Mat. 16.24. If any man will come after me, let him deny himſelf, and take up his croſs and follow me.

The Duke of Northumberland for that he was appointed General of the Army in this Quarrel of the Lady Jane, though Queen de facto, was arreſted of High Treaſon, together with 3. of his Sons, the Marqueſs of Northampton, the Earl of Huntindon, with ſundry Knights, Gentlemen, and ſent priſoners to the Tower of London. The 16. of August next following, the ſaid Duke and Nobles were publikely arraigned of High Treaſon, in Westminſter hall before Thomas Duke of Norfolk High Steward of England: being brought to the bar, the D. uſed great reverence to his Judges, profeſsing his faith and allegiance to the Queens Majeſty, whom he confeſſed he had grievouſly offe…ded, ſaying (a)(a)Graftons Chronicle, p. 1326.that he meant not to ſpeak any thing in defence of his face, but would first underſtand the opinion of the Court in 2. points.

p. 4971. Whether a man doing any Act or thing by authority of the (a)(a)Graftons Ch…onicle, p. 1326.Princes Councel, and by Warrant of the Great Seal of England, and nothing doing without the ſame, may be charged with TREASON for doing any thing by ſuch Warrant? Which queſtion was grounded on this very Statute of 11 H. 7. c. 1.

2. Whether any ſuch perſons as were equally culpable in that crime, and thoſe by whoſe Letters and Commandment he was directed in all his doings, might be his Iudges, or paſſe upon his Tryal, as his PEERS?

To the 1. was anſwered (mark it) That the Great Seal he had for his W…rrant, was not the Seal of the Lawfull Qu. of the Realm, nor p…ſſed by her Authority, but the Seal of an Vſurper, and therefore could be no Warrant to him.

To the 2. That if any were as deeply to be touched in that Caſe as himſelf; yet ſo long as no attainder was of Record againſt them, they were nevertheleſs perſons able in Law to paſs upon any tryal, and not to be challenged therefore, but at the Princes pleaſure. After which the Duke and the reſt of the Lords uſing but few words, declaring their earneſt repentance, and imploring the Queens mercy, confeſſed this Indictment of Treaſon, and thereupon had Iudgement paſſed upon them as Traytors; And the Duke (with Sir Iohn Gates and Sir Thomas Palmer) were accordingly executed on Tower Hill, Auguſt 22. confeſſing the Iuſtice both of their Iudgement and Execution, as TRAYTORS, and not juſtifying themſelves by the Act of 11 H. 7.

After this (b)(b)See Antiq. Eccleſ. Brit. & God win in his Life: Fox, Grafton, Holinſh. Speed, 1 Mariae.Archbiſhop Cranmer though at firſt, he refuſed to ſubſcribe K. Eds. will to diſ-inherit Queen Mary, alleging many reaſons againſt it, yet was committed Priſoner to the Tower, indicted, arraigned, condemned of High Treaſon in November following for aiding the Earl of Northumb. with Horſe and Men againſt Queen Mary: And Queen Jane herſelf, though Queen de facto, & meerly paſſive, not active in this caſe, never aſpiring after the Crown (being proclaimed Queen againſt her will) with the Lord Guyldſord her husband, were both indicted, p. 498arraigned, condemned of High Treaſon, and accordingly executed as Traytors, Feb. 12. 1 Mariae, the one for uſurpation of the royal Eſtate AS QƲEEN OF ENGLAND; the other as principal adherent to her in that caſe; both of them confeſſing, that BY THE LAW THEY WERE JUSTLY CONDEMNED. After which the Duke of Suffolk her father, and ſundry others were condemned of High Treaſon, executed upon the ſame account; and that by the judgement of all the ſeveral Peers, Nobles, Judges, Lawyers, and Great Officers of Engl. though guilty of the ſame crime ſeconded with the Judgement of the whole Parl. of 1 Mar. c. 16. which confirmed their Attainders as JUST and LEGAL, notwithſtanding the Statute of 11 H. 7. c. 1. which extends only to indemnifie thoſe Subjects who doe their true duty and ſervice of allegiance, to their King and Soveraign Lord ; which none certainly do who adhere and joyn with an apparent Uſurper in poſſeſſion againſt their lawfull undoubted King and Soveraign Lord, as they here adjudged, and the Parliaments of 1, 4 and 14 of King Edward the 4th. long before: no Acts of Parliament whatſoever being able to ſecure Uſurpers Titles, though Kings de facto, to themſelves or their poſterity, or to ſave their own or their adherents Heads from the block, or their eſtates from confiſcation, as the recited tragical Preſidents and Judgements prove, againſt the abſurd opinions of many Grandees of the Law in great reputation; who take all Sir Edward Cooks and others Dotages for Oracles, and well deſerve a part in Ignoramus, for being ignorant of theſe late notorious Judgements and authorities againſt their erronious opinions, wherewith they ſeduce their ſilly Clyents and young Students of the Law to their great peril, for whoſe better information, I have the larger inſiſted on this point, to rectifie this dangerous capital miſtake, which may hazard both their lives, eſtates, and ſouls to boot. And ſo much in anſwer to the objected Preſidents of Edward and Richard the 2d. to prove the Commons Right of Judicature in Parliaments, &c. As good an evidence as that p. 499grave Sir E. Cook produceth,††4 Inſtit. p. 28. to prove this Houſe of Commons (who had no **Mr. Hackwills Epiſtle to his manner of paſſing Bills.Journal Book till … Ed. 6.) to be a diſtinct Court of Iudicature, becauſe upon ſignification of the Kings pleaſure to the Speaker, they do and may prorogue or adjourn themſelves, and are not prorogued, adjourned by the Houſe of Lords. By which reaſon he might prove every Committee of the Lords or Commons Houſe to be a distinct Court, becauſe they may adjourn and prorogue themſelves without the Houſe, and all Commiſſioners for examination of Witneſſes, Charitable uſes, the petty Seſſions of Juſtices of Peace, all Country Committees, Archdeacons and other viſitors, all Auditors of Accounts, Arbitrators, Referrees, &c. to be Courts, becauſe they may all adjourn themſelves from one day and place to another; when as their preſenting of their own Speakers in, and the Kings calling them into the Lords Houſe at the beginning and end of every Parliament, or Seſſion, and at the paſſing of Bills,**33 H. 8, c. 21. Mr. Hackwill of paſſing of Bills. p. 76, 77. and their diſſolution in the Lords Houſe, is a ſtronger argument to prove them no Court at all, at leaſt of Judicature, than their adjournment or prorogation of themſelves, to evidence them to be a diſtinct Court from the Houſe of Lords.

Should I here ſubjoyn to the premiſes all the caſes extant in the Lords Iournals and Parliament Records, evidencing the Lords real Juriſdiction, proceedings and Judicature in civil cauſes, in the reigns of King Ed. the 4. Richard the 3. Henry the 7. and 8. Queen Mary, Queen Elizabeth, King Iames and King Charles, I ſhould be over tedious to the Readers, I ſhall therefore only trouble you with 2 caſes more.

In the (f)(f)The Freeholders Grand Inqueſt p. 29. See Mr. Hakwills paſſing of Bills, p. 80▪Parliament of 18 Elizabeth, there aroſe a queſtion about place and precedency in the caſe of the Lord de la Ware: upon debate thereof in the Lords Houſe, ALL THE LORDS except the Lord Windeſore ADIUDGED, that he ſhould have place next after the Lord Wil…oughbie of Erisbe. And the Lord Keeper was appointed to acquaint the Queens Majesty with this determination of the Peers, and to know her pleaſure concerning the ſame.

p. 500In the laſt long Parliament Paſch. 20 Caroli, this cale of Note and Conſequence, was adjudged by the Lords (againſt the late reſolutions of ſome Judges, touching the Juriſdiction of the Admiralty Court) between Fairfax and le Gay, and Mr. Johns a London Merchant. In Lent Vacation 1638. Mr. Iohns libelled in the Admiralty againſt one Hooper for 26000 weight of Barbadoes Tobacco, ſold to him, at St. Maloes in France, in partibus tranſmarinis infra jurisdictionem Admiraltatis Angliae, by one B…les factor to Hooper for fraight due unto him by Hooper for his Ship called the William and Anne, whereof Iohns was owner, without alleging, that this ſale and contract was made ſuper altum mare: Fairfax and le Gay became ſureties for Hooper in the Admiralty; Iohns had a ſentence againſt Hooper in the Admiralty upon this Libel, who ſoon after became a Bankrupt. Whereupon Fairfax and le Gay his ſureties, appealed to the Delegates to avoid the ſentence and execution againſt them, and then moved in the Kings Bench for a Prohibition to ſtay the ſute; ſuggeſting the contract to be made at St. Maloes upon the land, and not ſuper altum Mare; and ſo not within the Juriſdiction of the Admiralty; Upon which they procured a rule to ſtay the Proceeding; Whereupon Johns petitioned the Houſe of Lords for relief againſt this rule, and that the Delegates might proceed to give ſentence upon the Appeal, that ſo he might have execution againſt the ſureties; Hooper being a Bankrupt for above one hundred thouſand pounds, and all his eſtate ſold, ſo as his debt would be wholly loſt if he ſhould be deprived of the benefit of his ſentence, to which the ſureties were liable. Upon his Petition this point in Law amongſt others whereon the hinge of his caſe turned, was argued at the Lords Bar by Mr. Serjeant Rolls, & Mr. Maynard for Fairfax and le Gay, and by my ſelf for Johns. Whether the Admirals Court had any true, antient, legal Juriſdiction of Contracts made at St. Maloes, and other parts beyond the Seas, between Merchants and Mariners touching their Merchandiſe and marine affairs upon the Land, as well as on the Sea? The p. 501Sureties Counſel argued confidently they had not, upon the Statutes of 13 R. 2. c. 5.15 R. 2. c. 3. 2 H. 4. c. 14. and the Preſidents cited in Sir Ed. Cooks 4 Instit. p. 124. and c. 22. of the Court of Admiralty, and in Hubberts Reports ….331. But I argued to the contrary, and clearly proved by the Laws of Oleron, Lex 1, 2, 6, 8, 9, 10, 15, 16, 22, 23. made in the reign of King Richard the 1. Anno 1190. ratified under the Seal of that Iſland by that King, confirmed and uſed by Henry 3. Edw. 1. and practiſed ever ſince as the Law of the land in the Court of Admiralty, as (g)(g)1 Inſtit. ….11. b. 260.Sir Edward Cook himſelf aſſerts) and by the notable Record of 22 E. 1. in Cooks 4 Institutes p. 142, 143, 144. and Seldens Mare Clauſum, l. 2. c. 28▪ f. 275. the Black Book of the Admiralty, & the Parliament Roll of 4 H. 4. n. 47. for confirmation of the Laws of Oleron: 1. That the Admiralty in all ages ſince King Rich. the 1. …ill the making of theſe Statutes,(h)(h)Cooks 4 Inſtit. p. 139. and ever ſince (till Hill. 2 Jacobi C. B. between Tomlinſon Plaintif, and Philips Defendant) had held Juriſdiction of ſuch contracts between Merchants and Mariners, made upon the land in forein parts, as well as on the Sea: as the (i)(i)48 E. 3.2… 3.13 H. 4.45.8 R. 2. ror. Parl. n. 31.13 R. 1. Stat. 2. c. 2.1 H. 4. c. 14 Cooks 4 Inſtitutes, p. 123, 124.21 E. 4.17.Marſhal had always uſed to hold plea of Contracts, and deeds of Arms, Warr, Treaſons, Murders and Felonies out of the Realm, which cannot be determined by the Common Law: And that without any Prohibi…ion granted to ſtay the proceedings in all that large tract of time, both before and ſince theſe Statutes.

2ly. That theſe Acts were made only to reſtrain the Admirals, Incroachments of Juriſdiction, in Contracts, Pleas, Quarels, & other things made or done by Landor Water, within the **19 H. 6.76. Br. Admiralty, r. Plowden, f. 37 b. Cook 5 Report, f. 106, 107.Bodie of the Counties of this Realm, or in any Port, Harbor, Haven, or Creek within the Counties, the Conuſance whereof properly belonged to the Kings Courts, or to the Courts of Cities, Burroughs; and other Lords, and to p. 502confine them only to ſuch contracts and things within the Realm (whereof the (k)(k)Bracton, l. 2. c. 24. f. 56, 57.6 R. 2. Fitzh. P…otection 46.7 R. 2. Statham Treſpaſs 53, Temps Ed. 1. Fitz Avowry 192. Cook 1 Inſtit. f. 260.4 Inſtit. p. 142, 143, 144. Rot. Pat. 51 H. 3. m. 11. Rot. Scotiae, 10 E. 3. m. 16. Rot. Parl. 46 E. 3. m. 10. Rot. Parl. 8 H. 5. n. 3. Artic. 6. Seldens Mare clauſum, l. 2. Rot. Parl. 14 E. 2. pars 2. m. 26. dorſo.Sea is a part, being under the Kings Dominion and Lordſhip) as are made or done upon the Sea, not upon the Land o… Water in any Haven, Port, River, Creek within the precinct of any County: but not to debar them in the leaſt degree of their antient, undoubted juriſdiction they always had and exerciſed de Jure, without complaint or reſtraint, in contracts of Merchants and Mariners made upon the Land in forein parts beyond the Seas, of which the Kings Common Law Courts, and the Courts of other Cities, Burroughs, Ports, Lords, (l)(l)2 E. 2. Fitz. obligat. 16 Tr. 18 E. 3. Fitz. Teſt. 6 Tr. 13 E. 3. Fitz. Oblig. 12 38 E. 3. c. 4.41 E. 3.23 b. 48 E. 3.3. Bro. Oblig. 1. Farts 95.13 H. 4.3, 4.10 H. 6. c. 11.20 H. 6.28. Bro. Oblig. 7.21 E. 4.74.6 R 2. c. 2.13 R. 2. Stat. 1. c. 2.26 H. 8. c. 13.35 H. 8. c. 2.28 H. 8. c. 15.5 E. 6. c. 11. Cook 3 Inſt. f. 112.48. 2 Inſtit. p. 51.2 Rep. f. 93.5 Rep. f. 107 ….never had nor could have the least Jurisdiction, ſince out of the Realm, and no Jury de Vicineto could be thence awarded or ſummoned to try the Contract in England: which I proved by the Parliament Rolls and Commons Petitions, whereon theſe Statutes were grounded, being moſt expreſs in point, as 13 R. 2. Rot. Paerl. n. 41.14 R. 2. n. 37.15 R. 2. n. 30.2 H. 4. n. 89.4 H. 4. …. 47.11 H. 4. n. 61. compared with 27 E. 3. c. 13.2 R. 2. c. 4.32 H. 8. c. 14.5 Eliz. c. 5.27 Eliz. c. 27. which ſo interpret it, and by moſt of the Caſes cited by Edward Cook in his Chapter of Admiralty, extending only to contracts made within the body of any County within the Realm, not in any forein parts on the Land or Sea, without or beyond the Realm, whereof the Comon Law Courts had never Juriſdiction before Sir Sir Edw. Cooke was Chief Juſtice, and that by a (m)(m)Dr. Ridlyes view of the civil Law l. 3. c. 1. p. 129. Tr. 13 E. 3. Fitz. Abbe 12.9 E. 3.42. Dyer. 166.meer fiction, and falſe contradictory ſurmiſe, contrary to truth, reaſon, Juſtice, Law, and the Letter of Charterparts and Contracts themſelves; viz. that they were made at St. Maloes, Burdeaux, Sevil, Dantzick or Hamborough, in France, Spain, Denmark, or Germany, within the Ward of Cheape London, a ſuggeſtion never made before his time, in or by any Law-Book or Record, only to rob the Admiralty of its antient unqueſtionable right and Juriſdiction.

p. 5033ly, That the words of the Statute of 13 R. 2. c. 5. (whereon Sir Edward Cook and other Judges ground their Prohibitions to the Admiralty), That the Admirals and their deputies ſhall not meddle from henceforth, with any thing done within the Realm of England, but only of things done upon the Sea, &c. are clearly ſtrained and conſtrued by them directly againſt the words, meaning and intent of the Law-makers, and Commons Petition whereon it was made: For the later clauſe;(n)(n)See 10 E. 1. Modus levandi fines. 2 E. 3.9. a. 4 E. 3.46. b. 7 E. ….37 b. 8 R. 2. Contin. Claim. 13.1 R. 3. c. 7.4 H. 7. c. 24.28. H. 6.3. a. Bro. Protection 11. Fitz. Amerciament 4.26 H. 8. c. 13.35 H. 8. c. 2.5 Ed. 6. c. 11. Plowdens Com. 359. Cook 8 Rep. f. 10.2 Inſtit. p. 516. Seldens Mar… Clauſum, p. 255, 256. Littleton, ſect. 677.25 E. 3. c. 2. but ONLY of things done upon the Sea; is put in oppoſition and contradiſtinction to the precedent words, with any thing done within the Realm of England; or within the bodies of the Counties as well by land as by water; as the Stat. of 15 R. 2. c. 3. & 5 E…l. c. 5.27 Eliz. c. 11.25 E. 3. c. 2. directly interpret and explain the ſenſe thereof: And they ſtrain and apply them to contracts made by Merchants and Mariners, not within the Realm of England, or bodies of the Counties thereof by land or water, but beyond the ſeas, and quite out of the Realm, being no part of the Realm, or within the body of any County of England, or Kings Dominions; Than which a greater Soleciſm and contradiction cannot be imagined againſt the ſcope and letter of theſe Statutes. For by this conſtruction, they may likewiſe ſtrain the very Oath of Supremacy, That no foreign Prince, Perſon, Prelate, State or Potentate hath, or ought to have any Juriſdiction, power, &c. Eccleſiastical or Spiritual WITHIN THIS REALM: With the Statute of 13 Eliz. ch. 2. for the aboliſhing of the uſurped Iuriſdiction of the Biſhop and See of Rome, WITHIN THIS REALM; and againſt raiſing ſ…dition, bringing in Bulls, Agnus, Dei, Croſſes, Pictures, &c. WITHIN THIS REALM; and other the Dominions thereof: to the puniſhment of all ſuch, as ſhall avetr, that any forein Prince, Perſon, Prelate, State, Potentate, or the Pope, have or ought to have any Juriſdiction, power or Authority OUT OF THIS REALM, or the Dominions thereof; or ſhall raiſe any ſedition, or vent Popes Bulls, &c. in any forein Kingdom or Country (as France, Spain, Italy, Poland, Germany) out of the Realm, as if they p. 504had done it within this Realm of England.

4ly, That by the opinion, reſolution, agreement of the Judges of the Kings Bench, 1575. and of (o)(o)See Crooks Reports, p. 296, 297.all the Judges of England (whereof Hutton and Crook were 2.) 4 Febr. 1632. Hi…. 8. Caroli, (the original whereof I produced ſubſcribed with all their hands) If ſute he commenced in the Court of Admiralty upon Contracts made, and other things perſonal done beyond the Seas, or upon the Sea; no Prohibition is to be awarded: (contrary to Sir Edward Cooks opinion) This being the Iudgment of all our Judges in former ages, wherein no record or preſident could be produced of any ſuch Prohibition from Richard the 1. till the later end of Queen Elizabeths or King James his reign.

The Lords upon my Argument were ſo fully ſatisfied in this point of Law, that they all unanimouſly and immediately **15 May 1645.adjudged, and ordered (notwithſtanding Iuſtice Bacons and Reeves opinions upon the late preſidents to the contrary) that the Rule for the Prohibition in the Kings Bench ſhould be vacated; and that the Delegates ſhould proceed to Sentence in the cauſe; which they did: And ſo my Client got both Judgement and Execution ſoon after againſt theſe Sureties.

I might here very fitly inform our Levellers and their Confederates, That the Lords in Parliament (as they did antiently, ſo ſince the Commons admiſſion unto this Great Council, have) made not only ſome ††See an Exact abridgement, p. 354.Acts for the Government of London without the Commons, as in 17 R. 2. n. 25, 26, 27. ††Ibid. p. 17.34.57.156.136.431, 432.592, 594.584.589.615.652.Granted Ayds for themſelves to the King, and likewiſe for the Merchants by the Merchants conſents; confirmed Charters, Patents in Parliament; reverſed attainders, reſtored perſons attainted and their heirs to Lands and bloud, elected the Kings Great Officers, Privy Counſellers; and preſcribed them Laws, Rules, Orders: appointed a Protector during the Kings Minority, limited his power, and diſcharged him from his place without the Commons: confirmed an impoſition upon Cloth by the King, against the Commons petition to take it off; Ordered a Subſidy to be paid abſolutely, which the Commons granted but conditionally; called receivers of Subſidies and Monies to p. 505account, without the Commons, and oppoſed the Commons encroachments upon their privileges ▪ as you may ſee in the Parliament Rolls of 13 E. 3. n. 5, 6. Parl. 1. & Parl. 2. n. 8.15 E. 3. n. 41.21 E. 3. n. 16. Par. 2 R. 2. n. 22. to 27.57. 5 R. 2. n. 16. 5 H. 4. n. 51. to 58. 4 H. 6. n. 22. 6 H. 6. n. 22, 23. 8 H. 6. n. 13.27, 28.14 H. 6. n. 10. 31 H. 6. n. 34. In Clauſ. 50 E. 3. m. 3. & 4. De eſſendo in Parliamento; there are writs directed to particular perſons in this form. Sis coram Nobis, et cateris Proceribus et Magnatibus regni noſtri Angliae in praeſenti Parliamento (without mentioning the Commons) apud Weſtm. convocato, hac inſtante di… Sabbat…, proxime poſt futur: ad informandum Nosipſos, Proceres et Magnates (not the Commons) ſuper quibuſdam de quibus per te volumus informari, &c. 4. Junii. Per Concilium in Parliamento. And for the Nobles of Ireland, I find this Record. Clauſ. 2 E. 3. m. 17. ††Sir John Davis Reports f. 37, 38.Rex dilecto et fideli ſuo Johanni Darcy de Nevien, Juſticiario ſuo Hyberniae ſalutem. Ex parte quorundam hominum de Hybernia Nobis exſtitit ſupplicatum, u… per ſtatutum inde faciendum concedere volumus, Quod omnes Hybernici qui voluerint, legibus utantur Anglicanis, ita quod neceſſe non habeant ſuper hoc Cartas aliquas a Nobis imperrare. Nos igitur certiorari volentes ſi ſine aliquo praejudicio, praemiſſis annuere valeamus, vobis mandamus, quod voluntatem Magnatum terrae illius, (not of the Commons) in proximo Parliamento noſtro ibidem tenendo ſuper hoc cum diligentia praeſentari facias, & de eo quod inde inveneritis, una cum veſtro conſilio & adviſamento Nos distincte & aperte cum celeritate, qua poteſtis, certificetis, hoc Breve noſtrū Nobis remittentes, &c. upon which Petition the uſe of the Engliſh Laws was afterwards granted, as appears by Clauſe 5 E. 3. part 1. m. 25. But I ſhall cloſe up this Plea and Supplement with a few Preſidents more, pertinent to demonſtrate the Lords undoubted Right of Judicature, Council and Advice in publike affairs, both in and out of Parliament.

In the Parliaments of 5 E. 2. n. 31.4 E. 3. c. 14.36 E. 3. c. 10.50 E. 3. n. 181.1 R. 2. n. 35.2 R. 2. n. 5. p. 506It was enacted, that a Parliament ſhould be holden once every year, or more often if need be, to redreſs divers miſchiefs and grievances which daily happen? eſpecially delayes in Judgements and ſutes at Law, through difficulty, or diverſity of Opinions among the Judges. To prevent which, the Statute of 14 E. 3. c. 5. enacts; that from henceforth at every Parliament ſhall be choſen a Prelate, two Earls, and two Barons, which ſhall have Commiſſion and power of the King, to hear by Petition delivered to them, the complaints of them that will complain of ſuch delayes and grievances, and to cauſe the records of ſuch Judgements to be brought before them, and to hear the cauſe and reaſons of ſuch delayes, and by the aſſiſtance and advice of the Chancellor, Treaſurer, Juſtices of both Benches, and as many other of the Kings Council as ſhall ſeem convenient, ſhall proceed to take a good award and make a good judgement therein: And that the Judges ſhall proceed haſtily to give Judgement according to their determination. And in caſe it ſeemeth to them the difficulty be ſo great, that it may not well be determined without the aſſent of the Parliament, that the ſaid Prelate, Earls and Barons, ſhall preſent the tenor or tenors of the ſaid record or cauſe to the ††See here, p. 370, 420.next Parliament, and there ſhall be a final accord taken, what judgement ought to be given in his caſe. And according to this award ſhall be commanded to the Judges, before whom the plea did depend, that they ſhall proceed to give Judgement without delay. And to begin to give remedy upon this Ordinance, it was aſſented, that a Commiſſion and power be made to the Archbiſhop of Canterbury, the Earls of Arundel, and Huntington, the Lord of Wake, and the Lord Raufe Baſſet, to endure till the next Parliament. After which I find this Commiſſion made in purſuance of this Ordinance.

**Pat. 18 E. 3. pars 2. m. 3….Edwardus Dei gratia, &c. authorizing the Biſhop of Chicheſter, the Earls of Huntingdon and Devonſhire, and Tho. Wake of Lidell, and Thomas de Berkley Barons, p. 407aſſigned to hear querelas omnium qui ſe de gravaminibus & dilationibus ſibi factis coram Iuſtic. et aliis conqueri voluerint, per aviſamentum Cancell. Theſ. Iustic. de atroque Banco, & aliis d… Conſilio Regis, according to the Ordinance made in Parliament 14 Ed. 3. c. 5. that Unus Praelatus, Duo Comites, et Duo Barones ſhould have Commiſſion and power to hear and determine ſuch complaints, Teſt. Rege apud Weſtm. nono die Iunii.

There is this Petition of the Commons to the King, for declaring Treaſons, in 25 E. 3. Rot. Parl. n. 17. Item come les Iuſtices noſtre Seignior le Roy, aſſignez en diverſ…es Countees ajuggent les gentz que ſont empeſchez devant eux come Traiteurs, pur diverſes Cauſes deſconues a la Comune eſtre Treaſon, que pleaſe a noſtre Seignior le Roy per ſon Counſe…l, e… per les Grantz, et ſ…ges de la terre, declarer les pointz de Treaſon en ceſt preſent Parlament.

Quant a…la Petition touchant Treaſon, noſtre Seignior le Roy ad Fait declarer les Articles de Y celle en mane… que enſuit **See Cooks 3 Inſtit. c. 1. & 2.as in the Statute of 25 E. 3. c. …. By which Petition, Act, and the like Petition in 21 E. 3. n. 15. it is apparent▪ That the Right of declaring, Judging what is High Treaſon in Parliament, belongs originally to the King himſelf, by the adviſe of his Councel, Great men, and Sages of the Land and not unto the Commons Houſe, at whoſe requeſt the KING then made a Declaration of the Articles of Treaſon, as in this Statute, by his Nobles, Councils and Iudges advice: Therefore the Declaration of all other Treaſons in particular caſes not within this Statute, belongs wholly to the King Lords Council and Judges in the Lords Houſe, not to the Commons alone, or joyntly with them within the later branch of this Act (as well as the Treaſons within the body thereof: viz. Becauſe that many other like caſes of Treaſon may happen in time to come which a man cannot imagin nor declare at this preſent time; it is accorded, that if any other caſe, ſuppoſed Treaſon, which is not before specified ſhall happen de novel before any Iuſtice, the Iustice ſhall demur… without going to Iudgement of the p. 508Treaſon, tanque per devant le ROY EN SON PARLEMENT, ſoit le caſe monſtre et declare, de que leceo doit eſtre a jugge Treaſon, ou autre Felony. Againſt the Opinion of Sir Edward Cooks 3 Inſtitutes, p. 22. The Commons having no power at all to declare and judge what ſhall be Treaſon in ſuch new particular caſes, but only when a **See Raſtals Abridgement of Statutes, Title, TreaſonNew Treaſon is made or declared for the future by Bill, or Act of Parliament, wherein their concurrence is neceſſary (as in all new Acts concerning Treaſons ſince 25 E. 3.) as is evident by Mr. Sr. Iohns Argument at Law this very laſt Parliament, at the Attainder of Thomas Earl of Strafford, and Mr. Samuel Browns Argument at the Lords Houſe Bar, to prove and ſatisfie the Lords Houſe, that he, and Archbiſhop Laud were guilty of High Treaſon upon the Articles of their ſeveral Impeachments exhibited and proved againſt them, of which the Lords and King alone were the proper Iudges, but the Commons, only their Impeachers and Proſecutors in the Iudicial way of Parliamentary Proceedings, as I have formerly evidenced. Therefore all the late Votes, knacks, Declarations of the Commons Houſe alone before, or without the Kings & Houſe of Lords Declarations, Reſolutions, of ſundry things to be high Treaſon, and divers perſons to be Traytors, upon bare informations, ſuggeſtions, (though not within the Letter of 25 E. 3. c. 2.) are but meer illegal innovations, extravagancies, yea Nullities in Law, fit to be eternally exploded, eſpecially by Lawyers, the chiefeſt Innovators, Promoters of them, rather out of ignorance or raſhneſſe, than Prudence, Law, or ſolid Iudgement, for which they can produce no preſidents in former ages.

In the year 1392. the 15 of King Rich. the 2. we have this memorable Preſident of the Lords Iudicature together with the King, aſſembled in a Great Councel, without the Commons, in the caſe of the Mayor, Sherifs, Citizens and City of London thus related by **Hiſt. Angl. p. 382, 383, 384.Walſingham at large.

Miſit Rex ad Cives Londoniarum petens ab eis mutuo mille libras: cui procaciter et ultra quam decuit reſtiterunt. p. 509Sed & quendam Lumbardom volentem accommodare regi dictam ſummam, male tractave…unt, ve…beraverunt, er paulominus occiderunt. Quae cum Rex …udiſſet, i…a…us eſt valde, et convocaas omnes regnipene Major…s, apperuit proterviam civium Londoniarum, et de praeſumptione conqueritur eorundem. Qui omnes infeſti Civibus propter diverſas cauſas, conſulunt, ut reprimatur citius eorum inſolentia, et ſuperbia destruatur. Eranc quippe tunc inter omnes fere nationes gentium clariſſimi, arrogantiſſimi, et avariſſimi, ac male creduli in deum & traditiones avitas, Lolardorum ſuſtentatores, religioſorum detractores; decimarum detentores, et communis vulgi depauperatores. In tantumque excrevit eorum ſupercilium, ut auderene leges condere, quibus adventantes de circumjacentibus villis, vel Provinciis, contra rationem omnem humanam, Deum, et juſticiam, moleſtarent, gravarent et fatigarent. Praetereo eorum inhumanitatem, ſileo rapacitatem, reticio infidelitatem, tranſeo malignitatem, quam indiſciplinate in adventantes populos exe…ouerunt. Qui ſi… cuncta deſcribere quae perpetraverunt hoc tempore, volumen credo maximum conficeret. Objecta ſunt eis igitur quae contra regem fecerant, et ſuae majestatis notoriam laeſionem; objecta ſunt quae in provinciales commiſerant, ad regis ac dominorum regnique populi detrimentum: quae ſi vellent inficiari praeſto erant accuſatores e patria, qui ſacramento ſuo eorum probare cuperent acta prava. Londonienſes ergo in medio miſeriarum ſubito conſtitui, et velut verſati inter cudem et malleum, cum non eſſet locus excuſationis, decreverunt ſe potius ſubmittere regis gratiae, quam ſuccumbere veridicto vel judicio duodenae. Regis ergo Iudicio arreſtatus eſt Maior Londoniarum, et vicecomites, cum quibuſdam de Majoribus, caeteris domum redire permiſſis. Major autem miſſus eſt ad Caſtellum de Windeſhores, caeteri ad diverſa caſtella deſtinati ſunt, ſub arcta cuſtodia conſervandi, donec Rex cum Confilio deliberaſſet quid faceret de eiſdem. Ibidem decretum eſt, ne de caetero Londonienſes Maiorem eligerent vel haberent, p. 510ſed rex de ſuis militibus provideret aliquem qui, rector foret, et cuſtos civitatis vocaretur, et eſſet (quem alio nomine vocamus vulgariter Gardianum) ibi ſubſequenter, et eorum ſunt privilegia revocata, libertates, annullatae, et leges quas vel condiderant, vel a diebus habuerant abrogatae. Tunc primo Rex conſtituit cuſtodem civitatis, abrogato Maioris vocabulo, quendam militem dictum Edwardum de Dalyngrygge, qui et …ive… regeret, & juſtitiae cunctorum aeque pro…piceret: ſed is cito fuit per regem depoſitus, quia convictus eſt civibus feciſſe juramentum, vel de eorum conſuetudinibus defendendis, vel certe pro poſſe ſuo, ſubtiliter revocandis. Fuerunt qui dicerent eum ex induſ…ria hoc feciſſe, pluſque regis commodo quam civium in hac parte proſpexi…ſe, Quod cum regi fuiſſet cognitum, poenituit eum militem benevolum ſic tractaſſe. Nihilominus rex et alium militem loco ſuo conſtituit nomine Baldewynum de Radyngton, virum certe providum et diſcretum, qui ſciret delinire moerorem civium, et eorum mentes erigere ad ſ…em bonam. Nam cives prae triſtitia contaburunt & dolore.

Interea multis mediantibus (ſed praecipue duce Gloverniae enſistente) rex factus animi aequioris paulatim diſcedit a ſui rigore propoſiti, reducens ante mentis oculos honores varios, quos per Londinenſes acceperat, et magnifica dona per eos praeſtita: unde decernit mitius cum eis agere, et eos ad ſpem aliqualis gratiae revocare. Mittit nempe mandans Londinenſibus, ut ad caſtellum de Wyndeſore conveniant, demonſtraturi privilegia, libertates ac jura civitatis nova et vetera coram eo, conſilio quoque ſuo, ut ibi decerneret quae ſervanda forent in civitate, vel quae penitus obolenda. Quibus …oſtenſis, quaedam ratificata, quaedam permi…a, quaedam damnata f…ere, Maioris tamen nec perſonam, nec dignitatem ea vice recuperavere, neque plenam regis gratiam, donec ſatisfeciſſent regi de damnis et injuriis quae vel ſibi, vel regis plebi antea intuliſſent. Equidem ea vice convenit inter regem, et Dominos ne eorum ſatisfactionem acceptaret, p. 511nec cum eis quoviſmodo componeret ſine conſilio Dominorū. Nempe rex cum primo contra eos incanduiſſet (propter cauſas qua… ſ…pra notavimus.) meditatus eſt exercitum congregaſſe, & in civitatem i…ruiſſe cum impetu, et cives de ſub coelo delevi…e. Quod tamen, Ducis Lancaſt…ae oratione mutatum eſt; qui cenſuit eos (ut praemitti…u…) evocandos, et (ut praefettur) caſtigandos, vel (ſi obstinati fuiſſent) tunc juxta regis propoſitum obſidendos, ende …erraviventium diſperdendos. Rex autem in hac collectione apud Wyndeſore, Dominos temporales regni cunctos, et Epiſcopos pene omnes, necnon exercitum talem contraxerat, qui merito terrori Londin. poſſet eſſe. In quos omnes incredibiles fecit expenſas, pro quibus certum erat Londonienſes ſolu…uros. Ipſi vero non ignorantes quod horum finis eſſet expoſitio argenti et auri, ſubmiſerunt ſe et ſua regi, voluntarie ei decem millia librarum vadiantes, dimiſſi tamen ſunt domum rediere, incerti quid ſolueren…, donec regis conſilium et formam ſatisfaciendi, & ſummam ſolvendi definiſſet. Cumque et cives regreſſi fuiſſent & Proceres qui cum rege fuerant, ac reliquus … pulus ad propria remeaſſen…. Rex audiens Londinenſes in triſtitia conſtitutos, et mente lapſos, ait ſuis: Vadam Inquit Londonias, et conſolabor cives, nec patiar eos ultra de mea gratia deſperare. Quae ſententia mox ut cognita fuit in civitate, incredibili jocunditate replevit omnes, unde omnes et ſinguli ei generaliter ſtatuerunt occurrere, et non minores expenſas facere in xeniis, & donativis quam fecerant in ejus coronatione. Rex igitur ut venit Londonias, tanta gloria, tanta pompa, tanta varietate diverſorum apparatuum eſt ſuſceptus, quanta ſuſcipi regem aliquem triumphantem decuiſ…er. Nam equos et phaleros, tabulas aureas et argen…eas, pannos aureos et holoſericos, pelues et lavatoria de fulvo metallo, aurum in pecunia, gemmas et monilia, tam ditia, tam nobilia, tam ſpecioſa donaverunt eidem, ut cunctorum valor et pretium non poſſet facile eſtimari. Sicque recuperaverunt cives conſuetudines et libertates antiquas quae ſaltem civitati poſſent eſſe fulcimento, nec extraneis p. 512detrimento. Indu…tum que fuit eiſdem, ut Majorem poſſent eligere ſicut prius. Credebant autem Londonienſes quod per haec dona domigerium evaſiſſent, et in poſterum quieti fuiſſent: ſed fefellit eos eorum opinio, qui coacti ſunt expoſt ſolvere regi decem millia librarum, de communitate collecta, in amaritudine mentis magna: Proceres vero regni qui regis conſilio interfuerant, audientes quod Rex contra pactum indulſiſſet Londonienſibus, offenſi ſunt valde inter ſe, regis levitatom et inconſtantiam condemnantes. Nemo tamen palam regem redarguit de praemiſſis.

In the Parliament of 11 H. 4. rot. parl. num. 14. The Commons exhibited this Petition to the King; by which it appears, that as in the Parliaments of 1, 2. & 4 E. 3. n. 1.10 R. 2.17 R. 2. n. 6.7 & 8 H. 4. n. 66, 67. ſome of the valianteſt, wiſeſt, diſcreeteſt Spiritual and Temporal LORDS, were by Petition of the Commons, and ſpecial Order of the Lords in Parl. placed about theſe Kings, to BE THEIR PRIVY COƲNSELLORS, to adviſe, counſel them, and manage all the Great affairs of the Realm under them; ſo in this Parliament they exhibited this Petition to the like e…ect.

Primerement, que pleſe a noſtre dit Seigniour le Roy ordeigner et aſſigner en ceſt preſent Parlement, les pluis vaillantz ſages et diſcretes Seigniours espirituelx et temporelx de ſon roialme, pur eſtre de ſon counſeil, en eid et ſupportation del bone et ſubſtancial gouvernance, et la bien de Roy et de Roialme; et que les ditz Seigniours de counſeill et les Juſtices de Roi ſoient overtement (jurez) eny ceſt preſent parlement, de eux bien et loialment en lour counſeill et faitz acquiter pur le bien de Roy et de Royalm, en toutz pointz, ſaunz favour pur affection, ou affinite faire a aſcune manere de perſone. Et que pleſe noſtre dit Seigniour le Roy en preſence de toutz les Eſtates de parlement, comander les ditz Seigniours, et Juſtices ſur lour foy et ligeance, que lui devont, qils feront pleyne juſtice et droit ouelment a cheſcuny ſanz tarians, ſi bonement come ils purront, ſanz aſcun commandement on charge de queconque perſone a contrarie.

p. 513Le Roy le voet, was the anſwer which was anſwered.Reſp. **An Exact abridgement p. 329, 456, 457, 471.564, 568, 594, 611.See the like Petitions afterwards in 1 H. 6. n. 26.2 H. 6. n. 15, 16.8 H. 6. n. 27, 28.11 H. 6. n. 41.

I ſhall conclude with theſe 2. memorable late preſidents: ††A Catalogue of the Speakers Names, by W. Hackwill of Lincolns Inne, Eſq; 1641. p. 141, 142, 143.In the Parliament of 8 Eliz. upon the death of Thomas Williams Eſquire, Speaker of the Commons houſe, Richard Onſtoe Eſquire, the Qu…ens Sollicitor, firſt choſen a Member of the Commons houſe, and after called by Writ to attend the Lord… Houſe as an Aſſiſtant; at the requeſt of the Commons to the Queen and Lords, was ſent down again to the Commons houſe, without any new election, and there choſen and preſented by them for their Speaker; and allowed of by the Queen and Lords. So in the Parli…ment of 23 Eliz. upon the Queens making John Bell Eſq; then Speaker, chief Baron of the Exchequer, Iohn Popham Eſq; then Queens Sollicitor, called from the Commons houſe to the Lords as an Aſſiſtant by writ; at the Commons requeſt to the Queen and Lords, was remitted to them again, upon his old, without any new election, and th… choſen, preſented, accepted for their Speaker. Which 2. late preſidents infallibly prove, 1. That the King hath an abſolute power over any Members of the Commons houſe upon a juſt occaſion, to call them thence by writ to be Aſſistants to the Lords houſe; or elſe to create them Peers and call them to be Members of the Lords houſe, as he did Sir Francis Seymore, Mr. Arthur Capell, and others, created Lords the laſt long Parliament: 2ly, That the calling of any to the Lords houſe from the Commons by writ, as Aſſiſtants only, doth not totally diſable them to be Members of the Commons houſe again, the ſelf-ſame or the next Parliament, but that upon the Commons Petion, and aſſent of the King and Lords, they may be remanded to the Commons houſe, and be Members and Speakers thereof again; but not by the Commons votes or order, but only by the Kings, with the Lords aſſent, who may refuſe to remand them if they pleaſe. A very pregnant argument, chat the power of removing, judging, ſuſpending, approving, readmitting Members of the Commons houſe, p. 514upon Elections or Miſdemeanors, belongs not of right to the Commons houſe, but to the King and Houſe of Peers, as I have formerly evidenced. Admit…ing then that the Commons have de facto gained, exerciſed this privilege of late years to judge, ſuſpend or eject their own Members in ſuch caſes without the King and Houſe of Peers, yet having moſt groſly abuſed it of late, to the ruine, ſubverſion of Parliaments, I muſt conclude with the **Gratian, Cauſ. 11. qu. 2.Canoniſts; Privilegium meretur amittere qui abutitur poteſtate.

Jer. 6.16. Thus ſaith the Lord, Stand ye in the wayes and ſee, and ask for the old pathes, where is the good way, and walk therein, and ye ſhall find reſt for your ſouls; But they ſaid, We will not walk therein.

Prov. 24.21, 22. My ſon, fear thou the Lord and the King, and meddle not with thoſe who are given to change: For their Calamity ſhall riſe ſuddenly; and who knoweth the ruine of them both?

Jer. 21.3, 4. c. 17.25, 27. Thus ſaith the Lord, Execute ye judgement, and deliver the ſpoiled out of the hands of the Oppreſſor, and do no wrong: do no violence to the ſtranger, the fatherleſs nor the widdow; neither ſhed innocent bloud in this place. For if ye do this thing indeed, then ſhall there enter into the Gates of this Houſe, KINGS & PRINCES ſitting upon the Throne of David, riding in chariots and on horſes, they and their PRINCES, the men of Iudah, and the inhabitants of Ieruſalem, and this City ſhall remain for ever. But if you will not hearken unto me, &c. then will I kindle a fire in the gates thereof, and it ſhall devour the PALACES of Ieruſalem, and it ſhall not be quenched.

FINIS.