The Sovereign Power of Parliaments and Kingdoms, Subpart 1

The Sovereign Power of Parliaments and Kingdoms · Subpart 1

p. 41The Parliaments Right to Elect Privie Counsellours, Great Officers, and Iudges.

THe third grand Complaint of the King and Royalists,Object. 3. against this Parliament is: aaSee his Majesties Answer to the Parliaments 19. Propositions, Iune, 2. 1642. with other Declarations and Treatises on his part.That they take upon them a power to recommend and nominate to the King his Privie Counsellours, Iudges, with other great Officers of State; demanding, that none of them may hereafter (especially during Parliaments) be ordained by his Majesty, but by their Nomination or advice. A great affront, an intollerable encroachment on the Prerogative Royall, as is pretended.

The lowd clamour against the Parliament, if seriously examined, will speedily vanish into nothing. For; first, it isbbPage 17, 18, 19. already cleared, (ccDe laudibu… Legum Angliae c. 13, 14. and Fortescue so resolves)That Kings themselves (the highest Officers and Justiciaries in their Kingdomes) were both created and elected at first, Answ. 1.by the free generall votes of their people; from whom alone they received all their Royall Authority, having still no other, nor greater lawfull power then they conferred on them, (onelyonly for the defence of their Laws, Persons, Liberties, Estates and the Republicks welfare:) which they may regulate, augment, or diminish, for the Common good as they see just cause. Therefore doubtlesse the people who thus created and elected their Kings at first, did likewise constitute, and elect all publike Councellours, Officers, Judges, Ministers of the State, giving both being and bounds to their severall Offices and Iurisdictions by publike Lawes; which is most apparent not only in theddLivy Hist. l. 1, 2, 3. Dionys. Hal Antiq. Rom. l. 2. & 3. Polybius. Hist. l. 6. Bodin, Commonwealth. l. 1. c. 10. Roman, eeArist. Polit. I. 2, 3, 5. Xenophon. de Lacedaem. Republica; Diodoru… sic. Bib. Hist. l. 2, 3.Lacedemonian and other Kingdomes, but our own too, by infinite Acts of Parliament creating, regulating and limiting the power, Charters, Pattents, Graunts, and proceedings not onelyonly of our Kings, but of their Counsellours, Chancellous, Treasurers Keepers of the Great Seale and privie Seale, high Stewards, Admiralls, Marshalls, Masters of the Horse, Presidents of the Marches, and of York, Masters and other Officers of the Court of Wards Iudges, and Iustices of all Courts, all kinds, Sherifs; Coroners, Customers, Searchers, Escheators, and all other Temporall or Ecclesiasticall publick Officers: the right of whose elections remaining originally in the Kingdome, and Parliament representing it, was never yet irrevocably or totally transferred by them to the King, by any publike acts that I have seene: and therefore when they see just cause, they may make use of this their primitive inherent right of Election, without any reall incroachment on the Kings Prerogative.

Secondly, I have already proved, that theffCookes Inst. on Magna Charta. f. 174, 175, 558, 559, 566. Heretochs, Lieutenants Generall, and 2Sherifs, (as likewise the Conservators of the Peace) in every County through the Realme, were anciently elected onelyonly by the Parliament and People; not the King, (though they had the custody, power, Command of the whole Countey,) without any impeachment to the Prerogative Royall; why then may not these other publike Officers of the Estate be thus nominated and chosen by the Parliament likewise, without any just exception or offence?

Thirdly, AllggCooke Ibid. 284. 3. c. 6. No. Nat Br. 163, 164. Register, part. 1. f. 177, 178. Stamford, 1. c. 51. f 49. Brooke Corporations Kitchin, f. 47, 48. See Seldens Titles of Honour p. 746, 747 694. to 71…. Coroners, Majors, Sherifs, Baylifs, Aldermen, Recorders of London, Yorke, Bristoll, and generally of all Cities, Townes and Burroughs throughout the Kingdome (which have the chiefe Government of these Corporations) Verderers of the Forrest, Constables and other Officers, have ever anciently, and are still at this day elected onelyonly by the People, not the King: Yea all Arch-bishops, Bishops, Abbots, Priors, with other Ecclesiasticall Officers, (who were formerly Peers and Members of the Parliament, and Rulers in the Church,) were anciently chosen, not by the King p. 42himselfe, but onelyonly by the Clergie and people, as sundryhhSee Antiquit. Eccle. Brit. Goodwins Cat. of Bishops and Antiquities, Eadmerus Hist. Novell, p. 34. 36, 50, 71. 97, 109, 111, 112, 131, 132, Malms. de Gestis, Pontif. Presidents andii25 E 3. Par. 6. 9 H. 4 c. 8 13 R. 2. Stat 2 c. 2. Statutes manifest, and the Conge de'sliers at this day for the Election of new Bishops, more then intimate: and all this without the least violation of the Kings Prerogative: why then may not the Parliament nominate all those publike Officers to the King by Parallell Reason, without Ecclipsing his Prerogative?

Fourthly, The Knights, Citizens, and Burgesses of the Kings and Kingdomes greatest Court and Councell, the Parliament,kkStamford Ibid. Modus tenendi Parliamentum. Cambdens Brit. p 176, 177. Sir Tho. Smiths Common-wealth, l 2 c. 1. 2. Helinshed and Veel Description of England, c. 8. f. 173. Chron. of Ireland, f 127, 128. Minsh Dict Tit. Parli. Cookes Instit. on Lit f. 109, 114, & 9. Report. Epist. Dedicatorie.(thekk15 E 3. c 3, 4, 5 Stamford Iuris. of. Courts, f. 1. to 10 Rastal, Parl. and the Statutes there cited. supreamest Counsellors and Iudges of all others, to whom all other Courts, Counsellors, Officers, Iudges, are responsible for their actions, Iudgements, advice;) have alwayes of right beene, and yet are elected onelyonly by the Free-holders and Commons of the Realme: yea all the members of the Lords house, though summoned thither by the Kings Writ, and not elected; sit there **See M^r Seldens Titles of Honour par 2. c. 5. Sect. 20 to 26.of right (not of grace, or the Kings free choyse) by the fundamentall Lawes and Constitutions of the Realme; neither can the King by his absolute Prerogative, elect any members of the Commons House, or exclude any member of it, or Peere of the Vpper House (who by vertue of his Peerage ought to sit there) without the Houses consents: for then, if he might elect, or exclude one, he might likewise choose and seclude more, yea most of them, by like reason, at his pleasure; and so subvert the subjects Priviledges, and by a Packed Parliament impose what Lawes or Taxes he would on his people, to their slavery and ruine. Which freedome of the subjects Election, and all Lords Summons is so essentiall and necessary to Parliaments, that the Parliaments of 21 R. 2. at Westminster, and of 38 H. 6. at Coventry, were by the Parliaments of 1 H. 4. c. 3, 4. N…. 21, 22. and 39 H. 6. c. 1. adjudged and declared to be void and no Parliaments at all, but unlawfull, yea devillish Assemblies, and Ordinances, for this very Reason; because in the first of them the Knights were not duly elected by the Commons according to Law and custome, but by the Kings pleasure; and the Lords onelyonly of the Kings party, (contrary to right and reason) summoned to it: (by meanes whereof, Will, therein ruled for reason, men alive were condemned without examination; men dead and put in execution by privie murther, were adjudged openly to dye, others banished without answer, an Earle arraigned, not suffered to plead his pardon,llM^r. Saint Iohns Speech against Ship-money, p. 33 Speed, p 762, 763. Halls Chron. f. 10, 11, 12. Fabian. part. 7 p. 173. to 179. &c.) and because the latter of them bymm39 H. 6. c. 1. Hals Chron. 39. H. 6. f. 1…2. Grafton▪ p. 647. divers seditious evill-disposed persons about the King, was unduly summoned, onelyonly to destroy some of the Great Nobles, faithfull and Lawfull Lords, and other faithfull liege people of the Realme out of hatred and malice, which the said seditious persons of long time had against them: and a great part of the Knights of divers Counties of the Realme, and many Burgesses and Citizens for divers Burroughs and Cities appearing in the some, were Named, returned and accepted, some of them without due and free Election, some of them without any Election by meanes and labour of the said seditious persons, against the course of the Lawes, and Liberties of the Commons of the Realme, wherby many great Jeopardies, Enormities, and Inconveniences, wel-nigh to the ruine, decay, and subversion of the Realme, ensued. If then the grand Councellors and Judges of this highest Court, are and ought to be elected only by the Commons, not the King, because they are to consult, and make Lawes for the Kingdomes welfare, safety, government, in which the Realme is more concerned then the King; and Bishops, Abbots and Priors likewise, whiles members of the Lords House of Parliament, were chosen by the Clergy, People, Commons, not the King: by semblable, or better reason, the whole State in Parliament when they see just cause, may claime the nomination of all publike Officers of the Kingdome, (being as much or more the Kingdomes Officers… p. 43the Kings, and asnn15 E. 3. Stat. 3, 4, 5. responsible to the Parliament as to the King, for their misdemeanours in their places) without any diminution of the Kings Prerogative.

Fiftly, the Parliament consisting of the most ooSee the Prefaces of most ancient Statutes in Ed. 1. 2. 3. 4. Rich. 2, H 4, 5, 6. & 7. reignes, Crampto…s juris. of Courts f. 1. to 7. The Writ of Election, 15 E. 3. c. 3, 4, 5.Honourable, Wise, Grave, and discree test persons of all parts of the Kingdome, are best able clearely and impartially to Iudge, who are the fittest, ablest, faithfullest, most deserving men to manage all these publike Offices for the Kings, the Kingdoms honour and advantage, better then either the King himselfe, his Cabinet-Counsell, or any unconsiderable Privadoes, Courtiers, Favourites; (who now usually recommend men to these places more for their own private ends and interests, then the Kings or Kingdoms benefit;) therfore it is but just & equitable that they should have the principall nomination and recommendation of them to the King, rather then any others whomsoever; & that the King should rather confide herein to their unbiased Iudgements, then to his most powerfull trustiest Minions; who would out the Parliament of this just priviledge, that they might unjustly engrosse it to themselves; and none might mount to any places of publike trust, but by their deare-purchased private Recommendations; the cause of so many unworthy, untrusty, corrupt publike Officers and Judges of late times, who have (asppSee Mr. S^t. Iohns speech concerning Ship-money, 1640. much as in them lay) endeavoured to enslave both us and our posterities by publike illegall Resolutions against their Oathes and Consciences.

Sixthly, Though our Kings have usually enjoyed the choice of Judges and State Officers, especially out of Parliament time; yet this hath been rather by the Parliaments and peoples permissions, then concessions, and perchance by usurpation, as appeares by Sherifes and Lieutenants of Counties Elections, now claimed by the King, though anciently the Subjects right, as I have proved. And if so, a Title gained only by Connivance or Usurpation, can be no good plea in Barre against the Parliaments Interest, when there is cause to claime it: however; the Kings best Title to elect these publike Officers, is only by an ancient trust reposed in his Predecessors and him, by the Parliament and Kingdom, with this tacit condition in Law (which**Chapter of Estates upon Condition, Sect. 378, 379. and Cookes Instit. f. 378, 379. Littleton himselfe resolves is annexed to all Officers of trust whatsoever,) that he shall well and lawfully discharge this trust, in electing such Counsellors, Officers, and Iudges as shall be faithfull to the Republicke and promote the subjects good and safety. If then the King at any time shall breake or pervert this trust, by electing such great Counsellors, Officers, and Judges as shall willingly betray his Subjects Liberties, Proprieties, subvert all Laws, foment and prosecute many desperate oppressing Projects to ruine or inthrall the Kingdom, undermine Religion, and the like (as many such have been advanced of late yeares;) no doubt the Parliament in such cases as these, may justly regulate, or resume that trust so far into their own hands, as to recommend able, faithfull persons to these publike places for the future, without any injury to the Kings Authority. It was a strange opinion of Hugh Spensers (great favourites to King Edward the second) which they put into a Bill in writing,qqSee Exilium Hugonis le Dispenser, Old Magna Charta, part. 2. f. 50, 51. Cooke l. 7. Calvins case. f. 11. That homage and the Oath of Allegianc… is more by reason of the Crowne, then by reason of the Person of the King, and is more bound to the Crowne, then to the Person; which appeares, because that before the descent of the Crowne, no Allegiance is due to the Person. Therefore put case the King, will not discharge his trust well, according to reason in right of his Crowne, his Subjects are bound by the Oath made to the Crowne, to reforme the King and State of the Crowne, because else they could not performe their Oath. Now it may (say they) be demanded, how the King ought to be reformed? By … of Law, or by …? By suite at Law, a man can have no redresse at all, for a man can have no Iudge, but these who are of the Kings party▪ In which case, if the will of the King be not according to reason, he shall have nothing but …rrour maintained and con…med. p. 44Therefore it behoveth for saving the Oath, when the King will not redresse a thing, and remove what is evill for the Common people, and prejudiciall to the Crowne, that the thing ought to be reformed by force, because the King is bound by his Oath to governe his Lieges and people, and his Lieges are bound to governe in aide of him, and in default of him. Whereupon, these Spensers, of their owne private Authority, tooke upon them by Vsurpation the sole government both of King and Kingdome, suffering none of the Peeres of the Realme, or the Kings good Counsellours, appointed by the State, to come neere him to give him good counsell, not permitting the King so much as to speake to them but in their presence. But let this their opinion and private unlawfull practise, be what it will; yet no doubt it is lawfull for the whole State in Parliament, to take course, that this part of the Kings Royall trust (the chusing of good publike Counsellours, Officers, Judges, which much concernes the Republike) be faithfully discharged, by recommending such persons of quality, integrity, and ability to all publike places of trust and judicature, as both King and Kingdome may confide in; which will be so far from depressing, that it will infinitely advance both the Kings Honour, Justice, profit, and the Kingdomes too.

Seventhly, It is undeniable, that the Counsellours, Judges and Officers of the Kingdome, are as well the Kingdoms Councellours, Officers and Iudges, as the Kings, yea more the Kingdoms than the Kings, because the King is but for the Kingdoms service and benefit. This is evident by the Statute of 14 E. 3. c. 5. which enacts; that as well the Chancellour, Treasurer, Keeper of the Privie Seale, the Iustices of the one Bench and of the other, the Chancellour and Barons of the Exchequer, as Iustices assigned, and all they that doe meddle in the said places under them, shall make an Oath, well and lawfully to SERVE the King and HIS PEOPLE, in THEIR OFFICES: which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1, 2, 3. 1 Rich. 2. c. 2. swearing and injoyning them: To doe even Law, and execution of right to all the Subjects rich and poore, without having respect to any person, &c. And if any of them doe, or come against any point of the great Charter, or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament, as well at the Kings suite, as at the suite of the party. Seeing then they are as well the Kingdomes Councellours, Officers, Iudges, as the Kings, and accountable, responsible for their misdemeanours in their places, as well to the Parliament and Kingdom as to the King, great reason is there, that the Parliament, Kingdome (especially when they see just cause) should have a voice in their elections, as well as the King. The rather, because when our Kings have been negligent in punishing evill Councellours, Officers, Iudges, our Parliaments out of their care of the publike good, have in most Kings reignes, both justly questioned, arraigned, displaced, and sometimes adjudged to death the Kings greatest Counsellours, Officers and Iudges for their misdemeanours: witnesse the displacing and banishing of William rrSee Hoveden. Mat. Par. Mat. West. Fabian, Polyc. Graf. Speed, Holinshed and Nabrigensis in the lite of R. the 1. and Goodwin in this Bishops life.Longcham Bishop of Ely, Lord Chauncellour, chiefe Iustice, and Regent of the Realme in Richard the 1. his Reigne; Of ssWals Holin. Speed, Graft, in Ed. 1. and Cookes Instit. on Littleton. f. 133. a.Sir Thomas Wayland chiefe Iustice of the Common pleas, attainted of Felony, and banished for bribery by the Parliament. 18 Ed. 1. the severall banishments of Piers Gaveston and the … Spensers (the Kings greatest favourites, Officers, Counsellors) for seducing, miscounselling KingeeSee Exilium Hugonis De spenser, Wals. Fabian. Holin. Graft. Speed in the life of E. 2. Edward the second, oppressing the Subjects, and wasting the Kings revenues; the removall and condemnation offfM. S^t. lohns Speech against Ship-money, p, 22, 23. Sir William Thorpe, Chiefe Iustice of the Kings Bench, for Bribery, 25. E. 3. The fining and displacing ofgg… R. 2. c. 1. to 107. Wil. Fab. Graf. Holin. Speed. i… 11 R. 2. Michael de … Pole Lord, Chauncellour, Alexander Nevell, and divers other great Officers, and Privie Counsellours, with the condemning, executing, and banishing of Tresilian …, p. 45and other Judges, in 10, & 11 Rich 2. by Parliament, for ill Councell, and giving their opinions at Nottingham against Law. Ofhh1 H 8. c 15. Holl. Speed, Grafton S…ow, Martin in H 8. & Ed. 6 Empson, Dudley, and that grand Cardinall Wolsey, Lord Chancellour, and the Kings chiefest Favourite and Counsellour, in Henry the eight his Reigne: Of the Duke of Sommerset, Lord Protector, and his Brother, Lord Admirall, for supposed Treasons in Edward the 6^th. his Reigne: Of Sir Francis Bacon Lord Keeper, and Cranfield Lord Treasurer, in King Iames his latter dayes; with infinite other presidents of former and latter ages; and one more remarkable then all the rest:iiAntiq. Ecclesiae Brit pag. 275, 28…, 282. Walsing. Hist. pa. 181. Ypodigm Neust. p. 132. Caxton. part 7. 46 E 3. Gra… p. 317. In the Yeare 1371. (the 45. of King Edward the third his Reigne) and somewhat before, the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands; Simon Langham Arch-bishop of Canterbury, being Lord Chancellour of England, Iohn Bishop of Bath, Lord Treasurer, William Wickam Archdeacon of Lincolne, Keeper of the Privie Seale, David Wolley Master of the Rolles, Iohn Troy Treasurer of Ireland, Robert Caldwell Clerke of the Kings Houshold, William Bugbrig, generall Receiver of the Dutchy of Lancaster, William Ashby Chancellour of the Exchequer, Iohn Newneham and William de Mulso Chamberlaines of the Exchequer, and keepers of the Kings Treasury and Iewels; Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings, Roger Barnburgh, and 7 Priests more, Clerkes of the Kings Chancery, Richard Chesterfield the Kings under-Treasurer, Thomas Brantingham Treasurer of Guives, Merke and Calis; All these Clergie-men (who abounded with pluralities of rich Spirituall Livings, though they Monopolized all these temporall Offices:) in the Parliament of 45 Edward the 3^d. by a Petition and complaint of the Lords, were displaced at once from these Offices (no wayes suitable with their functions) and Lay-men substituted in their places: And a likekkAntiq. Eccles. Brit. pag. 21. president I find about 3 Hen. 3^d. where the Clergy Lord Chancellour, Treasurer, with other Officers were removed, upon a Petition against them, and their Offices committed to Temporall-men, whom they better beseemed. If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours, State-Officers, Iudges for their misdemeanours, ill Counsell, insufficiency, and unfitnesse for these places, (contrary to that twice condemned false opinion, of the over-awed Iudges at Nottingham in 11 R: 2.**R 2. c. 12. Graft. p. 35…, 353. Walsing. Ypodig. Neu…t. p. 146, 147. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament, and he that did contrary was to be punished as a Traitour;) and that upon this very ground, that they are the Kingdoms Counsellours, Officers and Iustices, as well as the Kings, and so responsible to the Parliament and Kingdome for their faults. I see no cause why they may not by like reason and authority, nominate and place better Officers, Counsellours, Iudges in their steeds, or recommend such to the King, when and where they see just cause.

Eightly,llCommonwealth li. 1. ca. 10. p. 167, 168. Iohn Bodin a grand Polititian, truely determines and proves at large, That it is not the right of election of great Officers, which declareth the right of Soveraignty, because this oft is, and may be in the Subjects, but the Princes approbation, and confirmation of them when they are chosen, without which they have no power at all. It can then be no usurpation at all in the Parliament upon the Kings Prerogative, to nominate or elect his Councellours, great Officers, and Iudges, or recommend meet persons to him (which is all they require) so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents, in case he cannot justly except against them; Of which power they never attempted to divest his Majesty, though he be no absolute, but only a politick King,mmDe lau…legum Angliae, l. 9, 13, 14. as Fortescue demonstrates.

Ninthly, It hath beene, and yet is usuall in most Forraigne Kingdomes, for the Senate p. 46and people to elect their publike Offi…ers and Magistrates, without any diminution to their Kings Prerogative. InnnBodin. Com. wealth, l… 1 ea. …0. Livy, Hist. l, …, 2, …, 4, 7, Dionys Hol. l 3. & 3 Polib. hist. l. 6. See the Appendix. the Roman State, the people and Senate not only constantly elected their Kings and Emperours, but all their other grand publike Officers and Magistrates, (as Consuls, Tribunes, Dictators, Senators, Decemviri, and the like) were elected by the people; who prescribed them Lawes, Oathes, and had power to question, to punish, remoove and censure them when they offended. ooArist. Polit. l 2. c. 10. l. 3. c 7.Solon and Aristotle, with other great Politicians, debating this Question; Whether the power of Electing and censuring the Magistrates, and chiefe Officers ought to resids in the people? Conclude offirmatively, That it is most necessary and convenient, this power should rest in the people; because else the people shall become both the servants and enemies of their Princes, if they have not this power; and because all the people together are more considerable, and better able to judge of the goodnesse and fitnesse of Magistrates for them, then any few select particular men, which are more apt to be seduced with by-end…, then a great multitude. Whence, among the Lacedemonians, and in most Kingdomes and Republicks in Greece, the people had both the election, yea and correction of their Magistrates and chiefe State Officers, as they manifest. In the Kingdome ofppHieronym. Blanca A…agone…sium rerum Comment. p 588, 589, 590, 716 to 724. 747 to 762. Aragon, in Spaine, their ancient Suparbiense Forum, their Iustitia Aragoniae, and Rici homines, (who are their principall Magistrates, Great Counsell of State, and Privi… Counsellours to their King both in Warre and Peace; having power over their Kings themselves, to examine and censure all their Actions, and remove them if there be cause;) with all their Members, Knights and Burgesses of their Parliaments; (held formerly once a ye…re, but now once every second yeare, by fixed Lawes;) anciently were, and at this day are elected by the People and not the King. **Bodin. Com. wealth. l. 3. c. 1. p. 25….InqqMunst. cos. l. 3. c. 22, 23, &c. the Germane Empire, the Electorship, Chancellourship, and all great Offices of State, are hereditary and successive, not chosen by the Emperour: and the greatest part of inferiour Magistates, are elected in most Provinces and Cities by the people. In Polonia the Archbishop of Gnesne, is by inheritance alwayes Chancellour of the Realme. InrrBodin. Com. weal. l 1. c 10. N…chol. Ist huanf… de rebus. Vngar. Hist. l. 6. p. 84, 85. Anno 15, 17. Hungary, the great Palatine, the chiefest Officer of that Kingdome, next to the King himselfe, who at home determineth and judgeth all differences between the King and Subjects, according to the Lawes of that Realme (est enim apud Panonios in usu, Regem si quid contra Legem fecerit, legibus subijci) and during the interregnum, hath right to summon Parliaments, and generall assemblies of the Estates; yea, the chiefe hand and power in electing a new King; and the Soveraigne command in the Warres, Adeo ut sontes punire, bene de re publica …ritis praemia discernere, fundosque qui 20. vel 30. agricolarum capaces sunt juris haer…ditarij nomine conferre possit, &c. (as Nicholaus Isthuanfus writes) is elected by the States and Parliament of Hun…ary, not the King.**Bodin li. 1. c. 10. and the gener…ll History of Venice. And in this manner Bethrius was elected Palatine in a full ass…mbly of the States, Senatus, Nobili… ti…s que consensu, Anno Dom. 1517. and the Vayvode put by. In**See Munster Pontanus, Olaus Magnus, … others. Venice, the Senate and people chuse all the great publike Officers, not the Duke. In Poland (where the King is elective) by the Law of Sigismond Augustus, all the Magistrates of every Countrey were to be chosen, by the particular States of every Government, and so they are now. In Denmarke, and Sweden, and Bohemia, the Kings themselves are Elective by the States and people, and most of their publike Officers too. WhenttBodin l. …. c. 10, Ca…siodor l 1. Epist. Rome and Italy were under the Gothish Kings, they still elected their publike Officers, as is evident by King Theodoricus Letter of approbation of their Election, in these words. Our consent, Reverend, Fathers, doth accompany your j…dgement. InuuMat… W…st. An. 1295. p. 399 Walsing. Hist. Angl p 28. & Ypod…gma, p. 79. Scotland, Anno 1295. the Scots in King Iohn Bayliols Reigne, considering his simplicity and unap… n…sse, elected them 12. Peeres, after the manner of France: (to wit) 4. Bishops, 4. Earles, and 4. Lords, by whose counsell the King ought to Governe the Realme, and p. 47by whose ordination all the affaires of the Kingdome should be directed; which was principally done in affront of King Edward the first, by whom this Iohn was made King of Scotland, in some sort against the Scots good liking; some of them secretly murmuring against it. In France it selfe, where the King (as**Bod. l 1. c. 10. l. 2. c. 5 Cassanaeus Ca…al. gloriae mundi. …onsid 24. some thinke, and write, is an absolute Monarch,) the greatest publike Officers anciently, have sometimes been Elected by the Three Estates of Parliament.yyMath Paris. p 8…5. Anno 1253. The States of France, Elected the Earle of Leycester their Grand Seneschall, and chiefe Counsellour of State, to advise them, and their desolate estate, what to doe.zzBodin l. 1. c 10. In the Yeare 1324. Arthur Duke of Brittaine was chosen Constable of France, by the voice of all the Peers, of the Great Counsell, and Parliament; and thereupon was admitted to that Grand Office. aaFabian, …rt. 7▪ p. 182. to 1…0.In the Yeare 1357. the 7^th. of King Iohn of France, the Archbishop of Roan, Chancellour of France, Sir Simon de Bury, chiefe Counsellour of the King, and of the Parliament, Sir Robert de Lorize, Chamberlaine to the King, Sir Nicholas Brake, Master of the Kings Pallace, Eguerrain, Burges of Paris, and Under-Treasurer of France, Iohn Priest, Soveraigne-Master of the Money, and Master of the Accounts of the King, and Iohn Chauneon, Treasurer of the Kings Warres, were all complained of by the Three Estates of France, assembled in Parliament, for misguiding the King and Realme, their goods confiscated to the King, themselves removed from these Offices, and others elected in their places by the States. InbbBodin. l. …. c. 10. the Yeare 1408. by a Law made in the Parliament at Paris, it was decreed, That the Officers of the High Court of Parliament should be made by the Parliaments Election, and those then vacant were so; which Law was againe revived by King Lewis the 11^th. in the Yeare 1465. And after him in the time of Charles the 8^th. not onelyonly the Presidents, the Kings Counsellours and Advocates were made by election, but even the Kings Atturney Generall (the onelyonly man of all the body of the Court, that oweth not Oath but to King onelyonly) was chosen by the suffrages of the Court, in the Yeare, 1496. though their Letters of Provision and confirmation of their Election then were, and yet are alwayes granted by the King. About theccWalsin. hist. p 235, 236. Fabian, part. 7 p 317. Yeare, 1380. the Earle of Flanders who had regall Jurisdiction, exacting new Customes and Taxes from his Subjects, contrary to their Liberties, they thereupon expelled him, with all his Family and Counsellours out of their Countrey, And refused upon any termes to submit to his Governement, unlesse he would remove all his evill Counsellours from him, and deliver them into their hands to be punished, Et recipere SOLVM VELIT CONSILIARIOS EX COMMVNIS VVLGI DECRETO, and would receive such Counsellours onelyonly as his people by common decree should assigne him; which he was constrained, sore against his will to condescend too, ere they would restore him. Since then the Councellours, Magistrates, Judges, and Prime Officers of State in most other Kingdomes, have beene thus elected by the people and Parliaments without any enchrochments upon their Kings just Regalities; Why our Parliament now may not claime and enjoy the like Priviledges, without any impeachment of the Kings just Prerogative? transcends my understanding to conceive.

Finally, our own Parliaments in most Kings Reignes, have both claimed and enjoyed this power of Electing Privie Counsellours, Chancellours, Treasurers, Judges, and other great Officers of State, and created some new Officers of far higher quality and power (to governe both King and Kingdome) then any the Parliament desires, … are in truth fitting for them to create, unlesse in cases of absolute necessity, to prevent the Kingdomes utter ru…ne. To give you some few principall instances of many. In theddMath. Paris▪ Hist. An 1214, 1215. p 243. to 28…. Math. Yeare 1214. the 16 Yeare of King Iohns raigne, In a Parliament held at …ning-Meade, neare Windsor; for the setling and securing of Magna Charta, and p. 48other the Subjects Lawes and Liberties formerly granted by Henry the 1. it was agreed by King Iohn, Westm. Walsing. Ypodig. Polychron.and Enacted, That there should be 25 Barons Chosen, such as the Lords would, who should to their uttermost power cause the same to be held and observed. And that if either the King or his Iusticiar should transgresse in any Article of the Lawes, Fabian Caxton. Grafton, Stow Hollinshed. Polydor.and the offences shewed, 4 Barons of the 25. should come to the King, or in his absence out of the Kingdome, to the chiefe Iusticiar, and declare the excesse, requiring without delay, redresse for the same; which if not made within 40. dayes after such declaration, Virg. An. 141 … Daniel, p, 143, 144. Speed, p. …78. to 567.those 4 Barons should referre the cause to the rest of the 25, who with the Commons of the Land, might distraine and inforce the King by all meanes they could (by seising upon his Castles, Lands, and Pessessions, or other goods; his Person excepted, and that of his Queene and C…ildren,) till amends be made according to their Arbitration. And that whosoever would should take their Oath for the execution hereof, and obey the Commandement of the 25. Barons herein without prohibition. And if any of them dissented, or could not assemble; The Major part, to have the same power of proceeding: Hereupon there are 25. Barons chosen to b… Conservators of Magna Charta, and the Subjects Priviledges (whose Names you may reade in Matthew Paris) who by the Kings Consent, tooke an Oath upon their soules; that they would keepe these Charters with all diligence, and Compell the King, if he should chance to repent (as he did soone after) to observe them: Which done: all the rest of the Lords, then likewise tooke another Oath, to assist and obey the Commands of those five and twenty Barons. In the Yeare 1221.eeFrancis Thin, his Catalogue of Protectors. Holinshed vol. 3. col. 1073. Hugh de Burgh, was made the Protector, or Guardian of the Realme by a Parliament, held at Oxford. In the Yeare 1222. I reade inffHist. Angl. p. 305. Godw. Catalogue of Bishops, p. 386. Math Westm. An. 1222. pa. 1…3. Matthew Paris, and others, that Ralph Nevill Bishop of Chichister, was made Keeper of the Great Seale, and Chancellour of England, by assent of the whole Kingdome (in Parliament,) to wit, in such sort, Vt non deponeretur ab ejusdem sigilli. custodia, NISI TOTIVS REGNI ORDINANTE CONSENS…V & CONSILIO, That he should not be deposed from the custody of the said Seale, but BY THE ORDINANCE, CONSENT and COVNSELL OF THE WHOLE REALME. Loe here the greatest Officer of the Realme, not onelyonly elected, but confirmed by Parliament, so as not to be displaced but by the consent of the whole Realme, whose publike Office… he was. Hereupon King Henry afterward, taking some distaste against Ralfe (because the Monkes of Winchester elected him Bishop of that Sea against his good liking) tooke away the Seale from him, and delivered it to Geffery of the Temple, in the 22… ggMath. Paris p. 456. Franc. Thin, his Catalogue of Chancellors in Holinshed, volum. 3. c. fol. 1275. Math. West. An 1238. pag. 149.. Yeare of his Reigne; but yet he held his Chancellours place still, and tooke the profits of it, during all his life; though he refused to take the Seale againe, when the King offered to restore it him, the 23. of his Reigne. Quod per Consilium praedicto Cancellario commissum fuit TOTIVS REGNI. hhMath. West. An 1248. pag 229. 233. Math. Paris An 1248. pag 719, 720, 725. Math. Paris Hist. An. 1230. p. 415. Daniel, Hist p. 157. Edit. …6, 4.After which he being restored to the Seale by the Parliament, An. 1236. this King removed Ralph the Steward of his Houshold, with certaine other his Counsellours, and great Officers of his House, from his Counsell, and their Offices; and he likewise most instantly required his Seale from this Bishop of Chichester his Chancellour, who executed his Office unblameably, being a Pillar of Truth in the Court, But the Chancellour refused to deliver it, seeing the violence of the King to exceed the bounds of Modesty; and said, That hee could by … meanes doe it, Cum illud COMMVNI CONSILIO REGNI SVSCEPISSET, since he had received it by the common Counsell of the Kingdome; wherefore he could not resigne it to any one WITHOVT THE COMMON COVNSELL OF THE REALME; to wit, the Parliament.

p. 49**Math Paris H…st p. 4…o, 421 Daniel. p. 157.Anno Dom. 1237. King Henry the third sommoning a Parliament at London, because it seemed somewhat hard to sequester all his present Counsell from him sodenly, as reprobate, it was concluded, that the Earle Warran, William de Ferarijs, and John Fitz Geofrey should be added to his Privie Counsell; whom the King caused to sweare, That by no meanes, neither through gifts, nor any other manner, they should deviate from the way of truth, but should give good and wholesome councell both to the King himselfe and the Kingdome. Whereupon they granted him a Subsidie of the thirtieth part of their goods, upon condition; that from thenceforth, and ever after forsaking the Counsell of strangers and all unnaturall ones (qui semper sui & non Regni amici esse consueverunt, & Regni bona distrahere, non adunare) he should adhere to the counsell of his faithfull and naturall subjects. Et sic soluto consilio non sine interiori murmuratione & multa concepta indignatione, …o quod cum difficultate tanta Regis animum ad salubre consilium contorquerent; & consilijs eorum, a quibus omnem honorem terrenum habet, obsecundarent, ad propria quisqueremeavit. But this prefidious King, & Regni delapidator, as the Barons and Historians stile him, contrary to his solemne Oath and promise, would not be weaned from his evill Counsellours but retained them still, till by force of Armes they were removed and banished. In the xxMath Paris an. 1…4. p 61… to 623. Danie's Hist. p. 161, 162Yeare 1244. the 28 of Henry the third his Reigne (the Bishop of Chichester, that faithfull Stout Chancellour made by Parliament, dying, and the place continuing void for a space) in a Parliament at London, the Lords and Commons complained, That for defect of a Chancellour, divers Writs were granted against Iustice, and they demanded, that by THEIR ELECTION a Iusticiar and Chancellour might be made, by whom the state of the Kingdome might be setled AS IT WAS ACCVSTOMED. The King promised to reforme all things himselfe, least he might seeme thereto compelled by them: which they gave him a convenient time to effect, and so adjourned; promising to give him an aide at their next meeting, if in the meane time, he redressed things amisse, according to promise: Which he failing to doe. At their next meeting, They demanded Magna Charta to be confirmed, which they had divers times dearely purchased, and a new Charter to be made for that purpose, That all the infringers thereof should be solemnly Excommunicated by the Bishops. And because the King had not hitherto observed the great Charter, notwithstanding his Oathes and promises, and Saint Edmonds Excommunication against him by infringing it, least the like danger should happen in after times, and so the last errour be worse then the first, BY COMMON ASSENT they elected 4 of the most P…l…tick discreetest men of all the Realme, Who should be of the Kings Counsell, and sweare that they would faithfully mannage the affaires of the King and Kingdome, and would administ…r Iustice to all men, without respect of persons: That these should alwayes follow the King; and if not all, yet two at the least, should be present with him, to heare every mans complaint, and speedily releeve such as suffered wrong. That the Kings Treasury should be issued by their view and testimony, and that the money specially granted by all, should be expended for the benefit of the King and Kingdome, in such sort, as should seeme best, and most profitable. And that these shall be Conservators of their Liberties. And that as they Are Chosen by the assent of all, so likewise not any of them should be removed, or deprived of his Office, without Common assent, That one of them being taken away, by the election and assent of the three, another should be substituted within two Moneths. Neither without them, but when there shall be necessity, and at their Election, may all meet againe. That the Writs impetrated against the Law and Custome of the Realme, should be utterly revoked and cancelled. That Sentence should p. 50be given against the Contradictors. That they should oblige one another to excute all this by a mutuall Oath. That the Justiciar and Chancellour should be chosen by the generall Voices of all the States assembled: and because they ought to be frequently with the King, may be of the number of the Conservators. And if the King by any intervenient occasion shall take away his Seale from the Chancellour, whatsoever shall be sealed in the interim, shall be reputed void and frustrate, till restitution of it be made to the Chancellour. That none be substituted Chancellour, or Iusticiar, but by the universall assembly and free assent of all. That Two Iustices may be chosen of the Bench; Two Barons of the Exchequer ordained: And at least One Iustice of the Iewes deputed: That at this turne All the said Officers should be Made and Constituted by the Common Universall and Free Election of All, That like as they were to …andle the Businesses of All, Sic etiam in eorum Electionem concurrat assensus singulorum; So likewise For their Election the Assent of all should Concur. And afterwards, when there shall be need to substitute another in any of the foresaid Places, this Substitution shall be made by the Provision and Authority of the Foure Counsellours aforesaid. That those hitherto suspected, and lesse necessary should be removed from the Kings side. But whiles these businesses, over-profitable to the Common-wealth, had beene diligently handled by the Lords for three weekes space; the enemy of man-kind, the disturber of peace, the raiser of sedition, the devill (as Matthew Paris writes) unhappily hindered all these things by the Popes avarice, through the coming of Martin a new Legate, with a larger power then any ever had before to exact upon the State; the interposition of which businesse in Parliament, where it received a peremptory repulse, tooke up so much time, that the former could not be fully concluded during that Parliament. Whereupon after this, in the Yeare 1248.hhMat. West. An. 1248. p. 229, 233. Mat Paris, An. 1248 p. 71…, 720, 725. See p. 420, 421 Daniel, p. 164. King Henry calling a generall Parliament at London to take an effectuall course for the setling of the distractions and grievances of the Realme; and therein demanding an ayde; he was grievously reprehended for this, That he was not ashamed then to demand such an ayde, especially because when he last before demanded such an exaction (to which the Nobles in England would hardly assent) he granted by his Charter, that he would no more doe such an injury and grievance to his Nobles: they likewise blamed him for his profuse liberality to forraigners, on whom he wasted his Treasure; for marrying the Nobles of the Land against their wills to strangers of base birth; for his base extortions on all sorts of people, his detaining the Lands of Bishops and Abbots long in his hands during vacancies, contrary to his Coronation Oath, &c. But the King was especially grievously blamed by all and every one; who complained not a little, for that **Daniel tēders it thus: They all generally complaine for that the chiefe Iusticiar, Chā cellour and Treasurer WERE NOT MADE BY THE COMMON COVNCELL OE THE KINGDOME, according AS THEY VVERE IN THE TIME OF HIS MAGNIFICENT PREDECESSORS, and AS IT WAS FIT and EXPEDIENT.LIKE AS HIS MAGNIFICENT PREDECESSORS KINGS HAVE HAD, Iusticiarium nec Cancellarium ha…et, nec Thesaurarium, PER COMMVNE CONSILIVM REGNI, prout deceret & expediret, hee had neither a Chiefe Iustice, nor Chancellour, nor Treasurer made, by the Common Councell of the Kingdome as it was fitting and expedient; but such who followed his pleasure whatsoever it was, so it were gainefull to him, and such as sought not the promotion of the Common-wealth, but their own, by collecting Money, and procuring Wardships, and Rents, first of all to themselves; (A cleare evidence, that these Officers of the Kingdome were usually of right created by the Parliament, in this Kings and his Ancestors times:) When the King heard this he blushed, being confounded in himselfe, knowing all these things to be most true: he promised therefore most truely and certainely, that hee would gladly reforme all these things, hoping by such a humiliation, though fained, more readily to incline the hearts of all to his request; To whom, taking counsell together, and having beene oft ensnared by such promises; they all gave this answer: p. 51This wil be seene, and in a short time it will manifestly appeare to all men; therefore we will yet patiently expect; and as the King will carry himselfe toward us, so we will obey him in all things: Whereupon all things were put of and adjourned till 15 dayes after Saint Iohn Baptists feast; But the King in the meane time, obdurated either by his owne spirit, or by his Courtiers, who would not have his power weakned; and being more exasperated against his people, regarded not to make the least reformation in the foresaid excess…s, according as he had promised to his liege people, but instead thereof, when all the Nobles and Parliament met againe at the day prefixed, firmely beleeving that the King, according to promise, would reforme his errours, and follow wholesome counsels, gave them this displeasing answer, by his ill Councellours: (from whom his Majesties evill advisers lately borrowed it.) You would, all Ye Primates of England, very uncivilly bind your Lord the King, to your will, and impose on him an overservile condition, whiles you would impudently deny to him, that which is lawfull to every one of your selves. Verily it is lawfull to every one, to use whose and what councell he listeth. **These ill Councellours forgot, that there is a great vast difference between private Meniall servants of the King, and publike Officers of the Kingdome; so that their Argumēt is but a fallacy.Moreover it is lawfull to every housholder to preferre to, put by, or depose from this or that Office any of his Houshold, which yet you rashly presume to deny to your Lord the King; especially when the servants ought not at all to judge their Lord, nor the vassalls their Prince; nor to restraine him with their conditions; Yea verily, who ever are reputed **But the whole Parliament and Kingdome which they represented, were not inferiour but above the King himselfe, who was but the Kingdomes Officer and publike servant; and so this reason made more against then for the King.inferiours, ought rather to be directed by the pleasure of their Lord, and to be regulated by his will; for the servant is not above his Lord, nor yet the Disciple above his Master. Therefore he should not be as your King, but as your servant, if he should be thus inclined to your will. Wherefore he will neither remove Chancellour, nor Iustice, nor Treasurer, as you have propounded to him to doe; neither will he substitute others in their places: He likewise gave a cavilling answer to the other Articles though wholesome enough to the King, and demanded an ayde to recover his right in forraigne parts. When the Barons heard this answer, it appeared more cleere then the light, that these things sprung from those ill Councellours, whose weakened power would be utterly blowne up, if the Councell of all the Baronage should be hearkened to; Wherefore they all gave this unanimous peremptory answer; That they would grant no ayde at all to impoverish themselves, and strengthen the enemies of the King and Kingdome: and so the Parliament being dissolved with indignation, unusquis que spe fraudatus a Parliamento frustra diu expectato, nihil nisi sannas, cum frivolis amissis laboribus cum expensis, ut solent saepius, reportarunt: Which when the king had seene he was put into a vehement anger, and said to his Councellours; Behold by you the hearts of my Nobles are turned from me; Behold I am like to lose Gascoigne, Poyteirs is spoyled; and I am destitute of Treasure; What shall I doe? Whereupon to satisfie him, they caused his Plate and Iewels to be sold, and invented sundry new projects to raise monies. The very**Mat. Paris, Hist. p. 740. Dan, p. 165. next Yeare 1249. the Lords assembling againe at London at the end of Easter pressed the King with his promise made unto them, That the chiefe Iusticiar, Chancellour, and Treasurer might BE CONSTITVTED BY THE GENERALL CONSENT OF THE KINGDOME; which they most certainely beleeved they should obtaine: but by reason of the absence of Richard Earle of Cornewall, which was thought to be of purpose, they returned frustrate of their desire for that time.**Dan. p. 171, 172. Anno 1254. in another Parliament summoned at London, in Easter Tearme, the Lords and Commons require and claime againe their former Rights in electing the Iusticiar, Chancellour, and Treasurer; but p. 52after much debate the Parliament is proroged, and nothing concluded. Yet the Lords and Commons would not be thus deluded of their right, which to regaine, they strained their Jurisdiction to an higher Note then ever they had done before. For in thellMat Paris p. 940, 941, 942, 9…0 Mat West an 1258 to 1262. p. 277, 278, 300, 307. to 312. Fabian part. 7 p. 64 to 73. Graf. p. 137. to 145. Speed p. 635, 636. &c. Holin. Dan Stow, and others. Yeare 1258. the Barons seeing the Realme almost destroyed with Taxes, and exactions, and Poictovines to domineere and rule all things in England, effectually to redresse these grievances, and reforme the State of the Realme, in a Parliament at Oxford, (to which they came very well armed) by advise of some Bishops; among other Articles, they demanded of the King, That such a one should be chiefe Iusticiar who would judge according to Right, &c. And that 24. (others write 12. persons, (Whom Fabian stiles the Douze Peeres) should there be chosen, to have the whole administration of the King and State (by reason of the Kings former misgovernment) and the YEARELY APIOINTING OF ALL GREAT OFFICERS; reserving onelyonly to the King the highest place at meetings, and salutations of honour in publike places. To which Article the King, and his So…ne Prince Edward, out of feare, not onelyonly assented and subscribed, but likewise tooke a solemn… Oath to performe them; all the Lords and Bishops taking then the like Oath, to hold and maintaine these Articles inviolably; and further they m…de all that would abide in the Kingdome, to sweare also to them; the Arch-Bishops and Bishops solemly accursing all such as should Rebell against them. Which Articles the King and his Son labouring by force of Arms to annull, they were notwithstanding enforced to confirme them in 3. or 4 subsequent Parliaments. By vertue of these Articles enacted thus in Parliament, those Lords not only removed old Sherifes of Counties appointed by the King, and put in new of their owne chusing; but likewise displaced Philip Lovell the Kings Treasurer, with divers Officers of the Exchequer, and sundry of the Kings meniall servants, setting others whom they liked in their places; and made Hugh Bygod, Lord Chiefe Justice, who executed that Office valiantly and justly, nullatenus p…rmittens jus Regni vacillare; creating likewise a new Chancellour and removing the old.

After this in a Parliament at London, Anno 1260. they consulted about the electing of new Justices, and of the Chancellour and Treasurer of England for the following yeare, (these places being made annull by the former Parliament:) in pursuance whereof, Hugh Bigod his yeare expiring, Hugh Spenser was by the Lords and Parliament appointed to be his successour, and made Lord Chiefe Iustice, and likewise Keeper of the Tower of London, by the consent of the King and Barons; and by authority of this Parliament, the Abbot of Burgh, succeeded Iohn de Crakedale in the Treasurership, and the Great Seale of England was by them committed to the custody of**See Francis Thin his Catalogue of Chancellors of England Holinshed. vol. 3. Col 1276 Daniels History, p. 139, 195. Richard then Bishop of Ely. The very next yeare 1261. the Barons, with the consent of the selected Peeres, discharged Hugh Spenser of his chiefe Iusticeship, when his yeare was expired, and substituted Sir Philip Basset in his roome; In which yeare the King appointed Justices of Eyre through England, without the Lords, contrary to the Provisions of the Parliament at Oxford: they coming to Hereford to keepe a Sessions there, and summoning the County to appeare before them on Hockeday; divers chiefe men of those parts, who sided with the Barons assembled together, and strictly commanded those Iudges not to presume to si…, against the Ordinances of Oxford, neither would any other of the people answer them in any thing: whereupon acquainting the King with this opposition, they departed thence without doing ought: and the King making this yeare new Sherifes in every Couunty, displacing those the Barons had made; the inhabitants of each County hereupon marfully repulsed them, and would not obey, nor regard, nor answer them in any thing; whereat the King was much p. 53vezed in minde: and upon a seeming shew of reconciliation to the Barons, going to Dover and Rochester Castles (committed to the Barons custody for the Kingdomes safety) they permitted him to enter peaceably into them without any resistance: Upon which, minding to breake his former oaths for the keeping of the Oxford Articles, he first seiseth upon these and other Castles, and then coming to Winchester Castle where he had free entrance permitted him by the Barons (who suspected no ill dealing, he tooke it into his owne custody; whether he called to him the Chiefe Iustice and Chancellour, not long before made that yeare, by the Barons; commanding them to deliver up the Seale and Iustices Roles unto him; who answered, that they could by no meanes doe it, without the Barons consent and pleasure concurring with the Kings, with which answer the King being moved, presently without consulting with the Baronage, made Walter Merton Chancellour, and the Lord Philip Basset Chiefe Justice to him and the Kingdom; removing those the Barons had appointed from those and other places. Which the Barons hearing of, considering that this was contrary to them and their provisions, and fearing least if the King should thus presume, he would utterly subvert the Statutes of Oxford, thereupon they poasted to the King, guarded with Armes and power, and charged him with the breach of his Oath; forcing him at last to come to an agreement with them; which the King soone violating; the Barons and he raised great Forces, met and fought a bloody battle at Lewes in Sussex; where after the losse of 20000. men, the King and his Son Prince Edward, with sundry Lords of his party were taken and brought Prisoners to London: where all the Prelates, Earles, and Barons, meeting in Parliament (Anno 1265 as Mathew Westminster computes it) made new Ordinances for the Government of the Realme; appointing among other things, that two Earles, and one Bishop elected by the Commons should chuse 9. other Persons, of which three should still assist the King; and by th… Counsell of those three and the other nine, all things should be ordered, as well in the Kings House as in the Kingdome, and that the King should have no power at all to doe any thing without their Counsell and assent, or at least without the advice of three of them. To which Articles the King (by reason of menaces to him, to elect another King) and Prince Edward (for feare of perpetuall Imprisonment if they consented not) were enforced to assent; all the Bishops, Earles and Barons consenting to them, and setting their Seales to the Instrument wherein these Articles were conteined. After which the Earle of Leicester and his two Sons, being three of the twelve, devided all the Kings Castles and strong holds betweene them, and bestowed all the chiefe Offices in the Kings House, upon his Capitall enemies; which indiscreete, disloyall carriage of theirs, much offended not only the King and Prince, but the Earle of Glocester and other of the Barons; so that they fell off from the Earle to the King and Prince, and in a battell at Eusham slew the Earle, and most of his Partisans; after which victory the King calling a Parliament at Winchester, utterly repealed and vacated those former Ordinances: which had they only demaunded the Nomination of great Officers, Counsellours and Judges to the King, and not entrenched so far upon his Prerogative, as to wrest all his Royall power out of his hands, not only over his Kingdom, but houshold too; I doubt not but they had beene willingly condiscended to by the King and Prince as reasonable, and not have occasioned such bloody wars to repeale them by force.

In K. Edward the second his Reigne, the Lords and Commons by an Ordinance of Parliament, having banished out of Court and Kingdome Pier; Gaveston, his vi…ious favourite, and pernicious grand Counsellour) in accExilium Hugonis De le Spenser: Magna Charta, part. 2. f. 50. Speed, p 764, 675, 680. See Walsing Fa… ▪ Holinshed in Ed …. Parliament held at Warwick, nominated and constituted Hugh Spenser the Sonne, to be the Kings Chamberlaine; and in p. 54that Parliament further enacted; that certaine Prelates and other Grandees of the Realme should remaine neare the King by turnes, at set seasons of the Yeare, to counsell the King better, without whom no great businesse ought to be done: challenging (writes Speed) by sundry Ordinances mad… by them in Parliament, not onelyonly a power to reforme the Kings House and Councell, and TO PLACE AND DISPLACE ALL GREAT OFFICERS AT THEIR PLEASVRE, but even a joynt interest in the Regiment of the Kingdome. After which the Spensers engrossing the sole Regiment of the King and Kingdome to themselves, and excluding those Lords from the King, appointed by the Parliament to advise him, not suffering the King so much as to speake with them but in their presence; they were for this and other offences banished the Land by Act of Parliament. This King towards the end of his raigne, after the Queenes arrivall with her Army, obscuring himselfe and not appearing; byffSpeed, p. 680. advise and consent of the Lords, the Duke of Aquitaine was made High Keeper of England, and they, as to the Custos of the same, did sweare him fealty; and by them Robert Baldocke Lord Chancellour was removed, the Bishop of Norwich made Chancellour of the Realme, and the Bishop of Winchester Lord Treasurer, without the Kings assent.

In the 15 Yeare of K. Edward the 3^d. chap. 3, 4. there was this excellent Law enacted. Because the points of the great Charter be blemished in divers manners, and lesse well holden then they ought to be, to the great perill and slaunder of the King, and dammage of the people; especially in as much as Clerkes, Peeres of the Land, and other freemen be arrested and imprisoned, and outed of their goods and Cattels, which were not appealed nor indighted, nor suite of the party against them, affirmed; It is accorded and assented that henceforth such things shall not be done.**Note this. And the like Lavv vvas enacted in 1. H. 4. Fabians. part, 7 p. 376. And if any Minister of the Kings, or other person of what condition he be, doe or come against any part of the great Charter, or other Statutes, or the Laws of the Land, he shall answer to the Parliament, as well as the suite of the King, as at the suite of the party, where no remedy nor punishment was ordained before this time, as farre forth WHERE IT WAS DONE BY COMMISSION OF THE KING, as of his owne Authority; notwithstanding the Ordinance made before this time at Northampton, which by assent of the King, the Prelates, Earles, and Barons, and the Commonalty of the Land, in this present Parliament is repealed, and utterly disanulled. And that the Chancellour, Treasurer, Barons and Chancellour of the Eschequer, the Iustices of the one Bench and of the other, Iustices assigned in the County, Steward and Chamberlaine of the Kings house, Keeper of the Privie Seale, Treasurer of the Wardrobe, Controuler, and they that be chiefe deputed to abide nigh the Kings Sonne Duke of Cornewall, shall be now sworne in this Parliament, and so from henceforth at all times that they shall be put in Office, to keepe and maintaine the Priviledges and Franchises of holy Church, and the points of the great Charter, and the Charter of the Forrest, and all other Statutes, without breaking any point. Item, It is assented, that if ANY THE OFFICERS AFORESAID, or chiefe Clerke to the Common Bench, or the Kings Bench, by death or other cause be out of his Office; that our Soveraigne Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County, which hee shall take towards him, and by good Councell which he shall have about him, shall put another convenient into the said Office, which shall be sworne after the forme aforesaid. And that in every Parliament at the third day of the same Parliament, the King shall take to his hands the Offices of all the Ministers aforesaid; and so shall they abide 4 or 5 dayes, except the Offices of Iustices of the one place and the other, Iustices assigned, Barons of the Exchequer; so alwayes that they and all other Ministers be put to answer to every p. 55complaint. And if default be …ound in any of the said Ministers by complaint or other manner, and of that be attainted in the Parliament, he shall be punished by judgement of his Peeres out of his Office, and other convenient set in his place. And upon the same, our said Soveraigne Lord the King shall doe to be pronounced to make execution without delay, according to the Iudgement of the said Peeres in the Parliament. Loe here an expresse Act of Parliament ggSee the Preamble of this Statute accordingly in the Statutes at large.ordained and established by King Edward the third, by assent of the Prelates, Earles, Barons, and other great men, and of all the Commonalty of the Realm, which this King did give and grant for him and his heires, firmely to be kept and holden for ever; that all great Officers, Barons, Iudges and Iustices of the Kingdome, and chiefe attendants about the King and Prince, should not onelyonly take the fore-mentioned Oath, but be elected alwayes by the accord of the great Men, and good Councell neare and about the King, out of Parliament, and by the Peeres in Parliament, and the King bound to make execution according to their Iudgement. This Law (as I conceive) was never legally repealed by Parliament, but onelyonly by this KingshhSee the revoc…tion the Statute the same yeare by Proclamation; in the Statutes at large. Proclamation, by the ill advice and forced consents of some few Lords and Councellours about him; upon pretence, that he never freely assented to it, but by dissimulation onelyonly to obtaine his owne ends, that Parliament, which else would have miscarried and broken up in discontent had not this Law beene granted in manner aforesaid. Which consideration makes me confident, that the Parliament being so eager to obtaine this Law, would never so soone yeeld wholly to repeale it, and so for ought I know it stands yet in force, to justifie the present Parliaments claime in this particular. In 2 E. 3. c. 8. 14 E. 3. c. 5. 18 E. 3. Stat. 3. 20 E. 3. c. 1, 2, 3. divers notable Oathes are prescribed to Iudges, Iustices and other Officers, and that they shall not delay nor forbeare to doe right for the Kings great or little Seale, or any letters from him or any other, but goe forth to doe the Law, notwithstanding them: In the Yeare 1375. the 50 of Edward the 3^d. his raigne, a **Walsin Hist. Ang, p. 185, 186… 187. Fabian, part. 7. p. 260. Graft. p 320, 321. Speed p. 72…. Hol. Ypodig-N…ust p. 1340. 135.Parliament, (commonly called the good Parliament by our Historians) being assembled, the King required a Subsidie by reason of his warres; to which the Commons answered; that they could no longer beare such charges, considering the manifold most grievous burdens they had from time to time borne before: and that they knew full well, that the King was rich enough to defend him and his Land, if his Land and the Treasure were well guided and governed; but it had beene long evill ruled by evill Officers, so that the Land could not be plenteous neither with Merchandize, chaffer, nor riches. By reason whereof, and of their importunate charges the Commonalty was generally impoverished Moreover, the Commons complained upon divers Officers that were the causers of this mis-order, whereof the Lord Latimer, (then Lord Chamberlaine) was principall, and Dame Alice Piers the Kings Concubine, (who would usually in most impudent manner come in person into all Courts of Iustice, and sitting by the Iudges and Doctors, perswade or disswade them to judge against the Law for her owne advantage, on that side for which she was engaged; to the great scandall and dishonour of the King, both in his owne and other Realmes:) and Sir Richard Scurry Knight, by whose Councells and sinister meanes the King was mis-guided, and the government of the Land disordered. Wherefore they prayed by the mouth of their Speaker, Sir Piers de la Mare, that the said persons with others, might be removed from the King, and others to be set in authority about his person, as should serve for his honour and for the weale of his Realme. Which request of the Commons: by meanes of the Noble Prince Edward was accepted; so that the said persons, with the Duke of Lancaster and others, were removed from the King; and other Lords by advise of the said Prince, and other wise Lords of the Realme; & PER PARLIAMENTVM p. 56PRAEDICTVM writes Walsingham, were put in their places, such as the Prince and Peers thought fittest. Moreover in this Parliament, at the Petition of the Commons it was ordained, That certaine Bishops, Earles and other Lords should from thence forth govern both the King and Kingdom (the King being then in his dotage unable to governe himself or the Kingdome) because the king was growne old and wanted such Governours. This passage is thus expressed in the Parliament Roll of 50. E. 3. numb. 10. Also the Commons considering the mischiefes of the Land, shewed to the King and Lords of the Parliament; that it shall be for the honour of the King and profit of all the Realme, which is now grieved in divers manners by many adversities, as well by the wars of France, Spaine, Ireland, Guyon and Bretaigne, and else-where, as likewise by the Officers who have been accustomed to be about the King, who are not sufficient at all without other assistance for so great a government; wherefore they pray that the Councell of our Lord the King, be inforced (or made up) of the Lords of the Land, Prelates and others to the number of 10. or 12. (which the King shall please) to remaine continually with the King, in such manner that no great businesse shall passe or be there decreed without all their assents and advice; and that other lesser businesses shall be ordered by the assent of 6, or 4. of them at least, according as the case shall require; so that at least 6. or 4. of such Counsellours shall be continually resident to councell the King. And our Lord the King, consid…ring the said request to be honourable and very profitable to him, and to all his Realme, hath thereto assented: provided alwayes that the Chancellour, Treasurer, or Keeper of the Privy seale, and all other Officers of the King, may execute and dispatch the businesses belonging to their Offices, without the presence of the said Councellours, the which the King hath assigned, &c. But this Ordinance lasted scarce three moneths, for after the Commons had granted a Subsidy of foure pence the pole, of all above foureteene yeares old, except Beggars: Prince Edward dying, and the Parliament determining, these removed ill-officers got into the Court, and their offices againe; and by the instance and power of Alice Piers, the Speaker, De la Mare was adjudged to perpetuall prison in Nottingham Castle, (an Act without example in former times, and which did no good in this) where he remained prisoner two years space, though his friends very oft petitioned for his liberty: and ooWalsing Hist. Angl an 1277. p. …87 Fran. Thin his Catalogue of Protectoues. Holi…sh vol. 3. Col 1076, 1077 Walsin. Ypodigma Neust. p 1…4, 135, …, 6 Dan Hist p. 257, 258, 259.Iohn a Gaunt Duke of Lancaster (made Regent of the Realme, because of the Kings irrecoverable infirmity) summoning a Parliament the yeare following, repealed the Statutes made in this good Parliament, to the Subjects great discontent, who were earnest suiters to the Duke for De la Mare his enlargement and legall tryall; which being denied, the Londoners upon this and other discontents tooke armes, assaulted the Duke, spoyled his house at the Savoy, and hung up his armes reversed, in signe of Treason in all the chiefe streets of London. But in the first yeare of Richard the second, in a ppWalsin Hist. Ang an 1. R 2. p 198, 199. Speed. p. 728.Parliament at London, Peter De la Mare and almost all the Knights (which plaid their parts so well in the good Parliament for the increase of their Country, and benefit of the Realme) resuming their Petitions, caused Alice Piers (who contemning the Act of Parliament, and the oaths wherewith she had bound her self, presumed to enter the Kings Court, to perswade and impetrate from him whatsoever she pleased) to be banished, and all her movables and immovables to be confiscated to the King, notwithstanding she had corrupted with mony, divers of the Lords and Lawyers of England, to speak not only privately, but publikely in her behalfe.

qqWa…sing. Hist Angl p 196, 197.In the 1. yeare of Richard the 2^d, William Courtney Bishop of London▪ Edmond Mortymer Earle of March, and many others of whom the Common-people had the best opinion, being good, wise, and famous men, were by publike consent appointed p. 57Councellours and Regents to the King, being but young: and this yeare Henry Piercie Earle of Northumberland resigning his Marshalls rod, Iohn de Arundel, was made Marshall in his place. In therrWalsin. Hist. A…gl. p. 143. Fran. Thin his Cat. of Protectors. Holinsh. vol. 3. Col. 1077. third yeare of Richard the second in a Parliament at London the Commons petitioned, that one of the Barons, who knew how to answer Forraigners wisely, and might be mature in manners, potent in workes, tractable and discreete, to be the kings protector. Electus est Ergo, COMMVNI SENTENTIA, &c. Hereupon Thomas Beauchamp Earle of Warwicke, WAS ELECTED BY COMMON CONSENT IN PARLIAMENT, Lord Protector, that he migh con…inually abide with the King, and recei…e an honorab…e anuall stipend out of the Kings Exchequer for his paines: and those Bishops, Earles, Barons, and Iudges assigned to be the Kings Counsell and Gardians the yeare before, were upon the Commons petition this Parliament removed, because they spent much of the Kings Treasure, & nullum, a…t modicum fructum protulerunt. In this Parliament Sir Richard Scrope, resigned his Office of Lord Chauncellour, and Simon de Sudbu…y, Archbishop of Canterbury (contrary to his degree and dignity, as many then cryed out) was substituted in his place. In a Parliament at London in the fifth yeare of King Richard the second, Sir Richard Sc…ope was againe madessWalsing: Hist. Angl. p. 243. Fra. Thin his Catal. of Chauncellours. Holinsh. vol. 3. Col. 1282. Chauncellour, PETENTIBVS HOC MAGNATIBVS ET COMMVNIBVS, at the REQVEST OF THE LORDS AND COMMONS, as being a man who for his eminent knowledge and inflexible justice, had not his peere in England, and Hugh Segrave Knight, was then likewise made lord Treasurer.ttWal. Hist. …. 300. Holinsh. vol. 3. Col. 1282. Sed quid juvant … Parliamentorum, &c. (writes Walsi…gham of the Acts of this Parliament, anduuHist. 737. Speed out of him.) But to what purpose are Acts of Parliament, when after they are past, they take no manner of effect, for the king with his Privie Counsell was wont to change and abolish all things, which by the Commons and Nobility had beene agreed upon in former Parliaments? For the very next**Note this. yeare the king deposed Scrope from his Chauncellourship, and tooke the Seale into his owne hands, …aling divers Grants, and Writings with it as he pleased, and at last delivered the S…ale to Richard Braybrooke, which Walsingha… thus relates.xxHist. Ang. p. 311. 312. Speed, 737. Lord Richard Scrope Knight, qui PER REGNI COMMVNIT ATEM, ET ASSENSVM DOMINORVM ELECTVM IN REGNI CANCELLARIVM, was in those dayes put from his Office of Chancellor, which he had laudably, and prudently administred. The cause of his removall was, his peremptory resistance of the Kings Will, who desired to impoverish himselfe, to exalt strangers. For certaine Knights and Esquires of inferiour ranke, being the kings servants, begged of the king certaine lands, and the demeasnes of such as dyed, during such time as by the custome of the Kingdome, they ought to remaine in the Kings hands. The King being a child, without delay granted their requests, and sending them to the Chancellor, commanded him to grant them such Charters under the great S…ale, as they desired: But the Chauncellor, who ardently desired the benefit of the Realme, and the Kings profit, plainely denyed their requests; alleaging that King was much endebted, and that he had neede retaine such casualties to himselfe to helpe discharge his debts. That those who knew in what debts the king was obliged, were not faithfull to the King, whiles they minded more their owne avarice than the kings profit, preferring their private gaine before the publicke necessities. Wherefore they should desist from such requests, and be content with the Kings former gifts, which were sufficient for them. And that they should know for certaine, that he would neither make nor seale any such Charters of …nfirmation to them, of such donations of the king, who was not yet of full age, … hee should herea…r receive ill thankes from him. Whereupon these Petitioners p. 58returning from the Chancellour, inform the king; that the Chauncellors minde was obstinate, and that he would doe nothing at his Command, but rather contemne his Royall m…ndate; that the King ought with due severity, speedily to curbe such an unbrideled disobedience, or else it would quickly come to passe, that the kings honour would grow contemptible among his Subjects, and his command be of no value. The King therefore who understood as a childe, more regarding the false machinations of detractors, then the faithfull allegations of his Chauncellour, in a spirit of furie sends some to demand his seale of him, and to bring it to himselfe. And when the king had sent againe and againe by solemne messengers, that he should send the seale to him; the Chauncellour answered thus; I am ready to resigne the Seale, not to you, but to him who gave it me to keepe, neither shall there be a middle bearer betweene me and him, but I will restore it to his hands, who committed it to mine owne hands not to others. And so going to the king; Here delivered the seale, promising that he would (as he had hitherto) be faithfull to the king; yet denyed that he would hereafter be an Officer under him. And then the king receiving the Seale did for many dayes what he listed, unt…ll Master Robert Braibrooke Bishop of London had undertaken the Office of Chancellour. When not onelyonly the Nobility of the kingdome, but the Commonalty likewise heard, that the king contrary to the Custome of the Kingdome had captiously deposed the Chauncellour, whom All the Nobilitie of the Kingdome with the suffrage of all the Commons had chosen, they were exceedingly moved with indignation. Yet no man durst speake openly of the matter, by reason of the malice of those about the king, and the irrationall youth of the king himselfe: and so the benefits of the king and kingdome were trodden under foote by the countenance of the kings indiscretion, and the malice of those inhabiting with him. In the ninthyyWalsi. Hist. Epi. 348. 349. 351 352. 353. yeare of king Rich…rd the second Michael d… la P…le Earle of Suffolke for grosse abuses, bribery, and Treason, was put from his Chauncellourship, fined 20000. markes to the king and condemned to dye: Haec autem omn…a quanquam summe regi placuisse d…buerant maximè displicebant, adeò fideb…t infideli, adeo coiuit nebulonem. Insomuch that the King and his familiars plotted to murther the Knights of the Parliament who most opposed the subsidie he demaunded, and the said Michael, together with the Duke of Glocester at a supper in London to which they should be invited, thinking by this meanes to obtaine their wills: But the Duke and they having timely notice thereof, and Richard Exton then Major of Londo…, freely telling the king when he was called to assent to this villany, that he would never give his consent to the death of such innocents (though Sir Nicholas Bramber Major th… yeare before had thereto assented) this wickednesse was p…ev…nted: and being made publicke to all the inhabitants in the City and parts adjoyning; from thenceforth the hatred of such counsellors, and love of the Duke and fores…yd knights encreased among all men. And the Duke and Knights with greater constancie and courage opposed De la Pole; andzzWalsigham. Hist▪ p. 354. after many delayes, the king full …ore against his will, WAS COMPELLED to give a commission of Oye… & terminer to the Duke of Glocest…r, and …i…hard Earle of Arundell, to heare and determine the businesses and complaints against De la Pole, and all others which the Knights of the Parliament had accused, who gave judgement of death against them; and Thomas Arundell Bishop of Ely, was m…de Chauncellour by the Parliament, in De la Poles place, and the Bishop of Durham removed from his Lord Treasurership, with which he was much enamoted, (taking much p…ines and being at great cost to procure it) and … Gilbert Bishop of Herefo…d (qui plus li… gua quam fide vigebat) was su…roga…ed in … But this Parliament ending, the king immediately received De la Pole, (whom p. 59**Hist. A…gl. p. 372.Walsingham stiles, P…rfidiae promptuarium, senti…a avaritiae, aur…ga proditionis, archa malitiae, odii seminator, mendacii fabric tor, susurro nequiss…mus, dolo p…aestantiss mus, artificiosus detractor, pat…iae del…to…, consiliarius nequam, meritò perfi us, euomens spiritum in terra p…regrina) together with the Duke of Ireland, and Alexander N…vell Archbishop of Yorke, into his Court and favour, who laboured night and day to incense the King against the Lords, and to annull the Acts of this Parliament; by which meanes the Kings hatred towards his Nobles and naturall faithfull people increased every day more and more; these ill Councellors whispering unto him, that he should not be a king in effect, but on…ly, in sh…dow, and that he should enjoy nothing of his owne, if the Lords shou…d keepe t…eir received power. The King therefore beleeving them, from thenceforth suspected all the Nobles, and suffered these ill Councellors and their confederates to w…st his revenues and oppress… his people. Whereupon theaa10 R. 2 c. 1. 11. R. 2. c. 1. 2. 3. 21. R. 2. c. 12. 1 H…c 2. 3. 4. …ee Wal. Fab. Holinsh. Graft. Speed, Trussell, in 10. & 11. R. 2. next yeare following, a Parliament being summoned, the Lords and Commons by reason of great and horrible mischeifes, and perils which had hapned to the King and the Realme aforetime, by reason of evill Councellors and governance about the Kings person by the foresaid Archbishop of Yorke, Robert de Vere Duke of Ireland, De la Pole, Robert Trisil…an Lord Chiefe Iustice of England, Sir Nicholas Brambre and other their adherents, who wasted demished and destroyed the goods, treasure and substance of the Crowne, oppres…sed the people dayly with importable charges, neglecting the execution of the good Lawes and Customes of the Realme, so that no full right nor justice was done, &c. whereby the king and all his Realme were very nigh to have beene wholy undone and destroyed; for these causes, and the eschewing of such like perills and mischeiefes to the King and Realme for time to come, displaced and removed these ill Councellors; and at their request, a new Chauncellor, Treasurer, and Privie seale were ordained in Parliament, even such as were held good, sufficient and lawfull to the honour and profit of the King and his Rea…me. And by advise and assent o… the Lords and Commons in Parliament in ayde of good governance of the Realme, for the due executi us of good Lawes, and the reliefe of the Kings and his peoples …tates in time to come, a speciall C…mmission under the great Seale of England (confirm…d by the Statute of 10. R. 2. c. 1.) was granted to both Archbishops, the Dukes of Yorke and Glocester (the Kings Vncl…s) th… Bishops of Worcester and Exetor, the Abbot of Waltham, the Earle of Arundle, the Lord Cobham, and others, to be of the Kings GREAT & CONTINVALL COVNSELL for one yeare then next following; to survey and examine with his sayd Chauncellor, Treasur…r, and Keeper …f the Privie …ale, as well the estate and government of his house, as of all his Courts and places, as of all his Realme, and of all his Officers and Ministers of whatsoever estate as well within the house as without to inquire and take information, of all rents, revenues, profits due to him in any man…er within the Realme or without, and of all manner of gifts, gran…s aliena…ions or confirmations made by him of any Land, Tenements, Rents, Anuities Profi…s, Revenues, Wards, Marriages, (and infinite other particulars specified in thebb10 R. 2. c. 1. Act) and of all kinde of oppressions, offenses and dammages whatsoev…r don… to t…e King or his people; and them finally to heare and determine. And that no man should councell the king to repeale this Commission (though it tooke no effect) under paine of forfaiting all his goods and imprisonment during the kings pleasure.

No sooner was this Parliament dissolved, but this unhappie seduced King, by the instigation and advise of his former ill Councellors; endeavours to nullifie this Commission as derogatory to his royall power, and sending for his Iudges and Councell at Law to Not…ingham Castle, caused them to sub…cribe to sundry Articles tending to the Totall subversion of Parliaments; causing the Duke of Gloc…ster and other Lords p. 60who procured this Commission to be indighted of high Treason, to which Inditements the Iudges being over-awed with feare,ddSee Walsin. Fab. Speed, Graft. Holin. Stow, Iohn Truss…, & S^r R. Baker, in 10. 11. 12. & 13. of R. 2. set their hands and seales; for which illegall proceedings destructive to Parliaments, by 11. R. 2. c. 1 to 7. these ill pernicious Councellours and Iudges were attainted and condemned of High Treason, put from their Offices, their Lands confiscated, many of them executed, the residue banished, and above 20. other Knights, Gentlemen, and Clergie men who mis-councelled the King, imprisoned, condemned and banished the Court, as the Statutes at large in 11. & 21. R. 2. and our Historian… in those yeares more copiously manifest.

In 12. R. 2. c. 2. There was this notable Law enacted (which**Institutes on …it. f. 234. Sir Edward Cooke affirmes, is worthy to be writ in Letters of gold, and worthier to be put in due execution. For the Universall wealth of all the Realme, it is enacted; that the Chauncellor, Treasurer, Keeper of the Privie Seale, Steward of the Kings house, the Kings Chamberlaine, Clarke of the Rolls, the Iustices of the one Bench and other, Barons of the Exchequor, and all other that shall be called to ordaine, name, or make Iustices of peace (which whether the Lord Keeper alone can make or unmake without consent of all these, or put out of Commission without just cause and conviction, now commonly practised; is a considerable Question upon this and other statutes:) Sheriffes, Escheators, Customers, Controllers, OR ANY OTHER OFFICER or Minister of the King, shall be firmely sworne, that they shall not ordaine, name or make Iustices of peace, Sheriffe, Escheator, Customer, Controller or other Officer or Minister of the King, for any gift or brocage, favour or affection; nor that none which pu…sueth by him, or by other privily or apertly to be in any manner Office, shall be put in the same Office, or in any other. But that they make ALL SVCH OFFICERS and Ministers OF THE BEST & MOST LAWFVLL MEN & SVFFICIENT to their estimation and knowledge. Which most excellent Law (withttSee 1 E 3. c. 7. 8. 34. E 3. c. 1. 38. E. 3. Stat. 2 c. 4. 4. H. 4 c. 18. 2. H. 5. stat. 2. c. 1. 8. R, 2. c. 3. others of like nature) still in force, were it duly executed, there would not be so many corrupt Officers of all these sorts in the kingdome, as now swarme in every place. From which Act I shall onelyonly make these 2. Inferences. First, that if so great a care ought to be had in the choyce of these under-Officers; then certainely farre more of the grand Officers and Iudges of the kingdome. Secondly, that if it be no disparagement to the Kings honour, or prerogative for these gre…t Officers of the Realm to ordain, name, and make Iustices of peace, Sheriffes, and other under Officers of the King, wi…hout the kings privitie, as oft times they doe; then by the same or greater reason, it can be no diminotion of his honour or prerogative Royall, for the Parliament, (which is best able to judge of mens abilities and honesties) to have power onelyonly to nominate or recommend to the King, such as they know to be the best, most lawfull and sufficient men, for the highest state Offices and places of Iudicature, when they becomevoyd.

Not to trouble you with any more Presidents in this Kings Raigne, recorded in Story; I shall close them up with one or two more upon record. In the Parliament of 3. R. 2.**3 R. 2. Rot. Pa…l. num. 11. The C…ancellor having declared the causes of Summons, and among others, the great st…aights the King was in for want of money; so that he had at that time nothing in his Treasury, but was grea…ly endebted &c. He p…ayed the Parliament …o advise, how, and after what manner he m…ght be relieved, not onelyonly for his owne safety, but for the safetie of them all, and of the R…alme. To which the Commons after they were advised of the…r said Charge returned this Answer to the King in Parliament by their▪ Speaker, in name of the whole Commons. That the said Commons are of opinion, that if their Liege Soveraigne had beene well and … governed in his Expences, spent … the Realme and elsewhere, he now had had no neede of their aid, by charging the …, whom they imagined to be now more poore and indigent, then ever they were before▪ p. 61Wherefore they pray, That the Prelates, and other Lords of the Kings continuall Councell, who have a long time travelled in the said affaires, BE VTTERLY DISCHARGED, to their great ease, and in disc…arge of the King from their custodies; and that No such Counsellors should be retained about …he King, in rega…d that our Lord the King is now of good discretion, and …f a goodly Stature, having respect to his Age, which is now neare the age of his noble Grandfather, at the time of his Coronation; who had no other Counsellors at the beginning of his raigne, but ONELYONLY the Five accustomed Principall Officers of HIS REALME. They further pray, that In this Parliament these Five Principall Officers may bee Elected and Chosen out of the most Sufficient Men within the Realme, who may be tractable, and who may best know, and execute their Offices; that is to say, The Chancellor, Treasurer, Keeper of the Privie Seale, Chiefe Chamberlaine, and Steward of the Kings House; and that these so chosen, (of whose Names and persons the Commons will be asc…rtained this Parliament) for their greater comfort and aide to execute the businesse of the King, shall have it therein declared, that they Shall not be Removed before the next Parliament, unl…sse it be by reason of Death, Sicknesse, or other necessary cause. And they likewise pray for remedy of default …f the sa…d Government, if there be any on that party, that a sufficient and generall Commission may be made, the best that may be devised, to certaine Prelates, Lords, and others, of the most sufficient, lawfull, and wise men of the Realme, of England, diligently to Survey and examine in all the Courts and places of the King, as well within his owne house as elsewhere, the estate of the said House, and al expences and receits whatsoever made by any of the Ministers, or any Officers of th… Realme, and of oth…r his Seignori…s and Lands, as well on this side, as …eyond the S… as, from the Kings Coron…tion till this pr…s…nt; so th…t if there be a…y default bee found by the said Examination in any m…nner, by negligence of Officers, or oth…rwise; …he said Commissioners shall certifie them to our L…r… the King, to have them amended and corrected, to the end… that our Lo…d the King may be honourably governed within his Realm, as b…longe…h to a King to be governed, and may be able with his owne r…veneues to support the charge of his Expences, and to defend the Realme on every part, and defray the other charges above named. Which Petition and Commission the King accordingly granted.

In the Parliament of 13. R 2. An. 1389.**Rot. Parl. 13. R. 2. num. 9 num. 21. Mr. Seldons Titles of Honour, p. 503. 504. Walsing. Hist. Angl. 13. R. 2. Ioh… Duke of Lancaster, By ASSENT of all the Estates of Parliament, was created Duke of Aquitaine, for his life, by King Richard his Nephew; the words of whose Patent (Printed at large in Master Seldens Titles of Honour) runne thus. De ASSENSU Praelatorum, Ducum Mag…tum & alio…um Pro…erum, & Communitatis Regni nostri Angliae, in instanti Parliamento nostro apud West monasterium conv…cato existentiu…; te… praedelectissimum Patrium no strumin DVCEM AQVITANIAE, cum Titu…o, Stilo, ac nomin… & honore eidem debitis praefi…im…, ac inde praesentiali er per …ppositio … Cappae … capi…i, ac traditionem Virgae aureae i…vestimus, &c. toto tempo…e vi…ae tuae possid…ndum &c. Giving him power thereby, To Coine what Gold and Silver Money he pleased, Nobili a…d… …tiam personas ignobiles, Senescallos, Iudices, Capita…cos, Consules, …, Proc…ratores, Recep…ores, & quoscunque Officiarios, alios creandi, … & ponendi, in singulis locis Ducatus praedicti, & quand… opus erit, inflitutos & … Officiarios autedictos amovendi, & loco amotorum alios subrogandi, &c. Heere … … the Title, ho…ur of a Duke, and Dukedome in France, given by the … of England, as King of France, by assent and authority of a Parliament in … Captaines, p. 62and all other Officers, within that Dukedome.

In the Parliament Rolls of 1. H. 4. num. 106. The Commons Petitioned the King, that for the safety of himselfe, as likewise for the safety of all his Realm…, and of his Lieges, BY ADVISE OF HIS SAGE COVNSELL, h…e would ordaine SVRE (or trusty) and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in Engla…d as in Wales, to prevent all perills. (The very Petition in effect that this Parliament tendered to his Majestie touching the Militia,) To which the King readily gave this answer, Le Roy le voet. The King wills it.

In the same Rol. Num. 97. The Commons likewise petitioned; That the Lords Spirituall and Temporall shall not be received in time to come, for to excuse them; to say; That they durst not to doe, nor speake the Law, nor what they thought for DOVBT of death, or that they are not free of themselves, because they are more bound under PAINE OF TREASON to keepe their Oath, then to feare death or any fo…feiture. To which the King gave this answer. The King holds all his Lords and Iustices for good, sufficient and loyall; and that they will not give him other Counsell or Advise, but such as shall be Honest, Iust, and Profitable for him, and the Realme. And if any will complaine of them in speciall, for the time to come, of the contrary; the King will reforme and amend it. Whereupon we finde they did afterwards complaine accordingly, and got new Privie Counsellors, chosen and approved in Parliament, in the 11^th Yeare of this Kings Raigne, as we shall see anone.

And in the same Parliament, Num. 108. I finde this memorable Record to prove the King inferiour to, and not above his Laws to alter or infringe them. Item, Whereas at the request of Richard, la…e King of England, in a Parliament held at Winchester, the Commons of the said Parliam…nt granted to him, that he should be in as good libertie, as his Progenitors before him were; by which grant the said King woul… say; that he might turne (or change) the Lawes at his pleasure, and caused them to be changed AGAINST HIS OATH; as is openly known in divers cases: And now in this present Parliament, the Commons thereof of their good assent and free will, confid…ng in the Nobility, high discretion, and gracious government of the King our Lord, have granted to him, That they will He should be in as great Royall Liberty as his noble Progenitors were before him; Whereupon our said Lord, of his Royall grace, AND TENDER CONSCIENCE, hath granted in full Parliament; That it is not at all his intent nor will, to change the Lawes, Statutes, nor good usag…s, nor to to take other advantage by the said graunt; but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors, AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH, **Not….ACCORDING TO HIS OATH: which he thus ratified with his Royall assent. Le Roy le voet. By which Record it is evident: First, that the Kings Royall Authority, and Prerogative is derived to him, and may be enlarged or abridged by the Commons, and Houses of Parliament, as they see just cause. Secondly, that King Richard the second, and Henry the fourth, tooke and received the free use and Libertie of their Prerogatives, from the grant of the Commons in Parliament; and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice. Thirdly, That the King by his Prerogative when it is most free by his Subjects grant in Parliament; hath yet no right nor power by vertue thereof to change or alter any Law or Statute; or to doe any thing at all against Law, or the Subjects Rights and Priviledges, enjoyed in the Raign… p. 63of ancient Kings: Therefore no power at all to deprive the Parliament it selfe, of this their ancient undubitable oft-enjoyed Right and Priviledge, to elect Lord Chancellors, Treasurers, Privie Seales, Chiefe Iustices, Privie Counsellors, Lord Lieutenants of Counties, Captaines of Castles and Fortresses, Sheriffes, and other publike Officers, when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety, as now they doe; and have as much reason to doe, as any their Predecessors had in any age, When they behold so many Papists, Malignants up in Armes, both in England and Ireland, to ruine Parliaments, Religion, Lawes, Liberties, and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies.

In the 11. yeare of King Henry the 4^th. Rot. Parl. num…. 14. Art c. 1. The Commons in Parliament petitioned this King: First, That it would please the King to ordaine and assigne in this Parliament, the most valiant, sage, and discretest Lords Spirituall and Temporall, of His Realme, TO BE OF HIS COVNSELL, in aide and supportation of the Good and substantiall Government, and for the weale of the King, and of the Realme; and the said Lords of the Counsell, and the Iustices of the King should be openly sworne in that present Parliament, to acquit themselves well and loyally in their counsels and actions, for the weale of the King, and of the Realme in all points, without doing favour to any maner of person for affection or affinity. And that it would please our Lord the King in presence of all the Estates in Parliament, to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him, to doe full Iustice and equall right to every one without delay, as well as they may, without (or notwithstanding) any command, or charge of any person to the contrary. To which the King gave this answer, Le Roy le Voet hh11. Hen. 4…. Rot Parl Nu. 39.After which the second day of May, the Commons came before the King and Lords in Parliament, and there prayed, to have connusance of the names of the Lords which shall be of the Kings continuall Counsell, to execute the good Constitutions and Ordinances made that Parliament. To which the King answered, that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves, for divers reasonable causes, for which he held them well excused; and as to the other Lords, whom hee had ordained to be of his said Counsell; Their Names were these: Mounsier the Prince, the Bishop of W…nchester, the Bishop of Duresme, the Bishop of Bath, the Earle of Arund…, the Earle of Westmerland, and the Lord Burnell. And here upon the Prince in his owne name, and of the other forementioned Lords, prayed to be excused, in case they could not finde sufficient to support their necessary charges; And that notwithstanstanding any charge by them accepted in this Parliament, that they may be discharged in the end of the Parliament, in case nothing shall be granted to support their foresaid charges. And because the said Prince should not be sworne, by reason of the highnesse and excellency of his Honourable Person, the other Lords and Officers were sworne, and swore upon the condition aforesaid, to go…erne and acquit themselves in their counsell well and faithfully, according to the tenour of the first Article delivered among others by the said Commons; and likewise the Iustices of the one Bench and other, were sworne, and tooke an Oath to keepe the Lawes, and doe Iustice and equall right, according to the purport of the said first Article.iiIbid. num…. …. 44. And on the 9. of May, being the last day of the Parliament; The Commons came before the King and the Lords, and then the Spea…er, in the name of the said commons, prayed the King, to have full conusance of the names of the Lords of his Counsell; and p. 64because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid, that the same Lords of the Counsell should now be newly charged and sworne without condition. And hereupon the Prince prayed the King, as well for himself, as for the other Lords of the Counsell; that forasmuch as the Bishop of Durham, and Earle of Westmorland, who are ordained to be of the same Counsell, cannot continually attent therein, as well for divers causes as are very likely to happen in the Marches of Scotland, as for the enforcement of the said Marches, that it would please the King to designe other Lords to bee of the same Counsell, with the Lords before assigned. And hereupon the King IN FVLL PARLIAMENT assigned the Bishop of Saint Davids, and the Earle of Warwicke to be of his said Counsell, with the other forenamed Lords, and that they should bee charged in like manner as the other Lords without any condition.

A notable President; where all the Kings Privy Counsell are nominated and elected by him in full Parliament; and their names particularly declared to the Commons before they are sworne, to the end that they might except against them, if there were just cause; who in their Petition and Articles to the King, expresse in generall, what persons the King should make choise of for his Counsellors, and Iudges, and what Oathes they should take in Parliament before they were admitted to their places. Which was as much or more, as this Parliament ever desired, and the King may now with as much Honour and Iustice grant, without any diminution of his Prerogative, as this Magnanimous, Victorious King Henry did then, without the least deniall or delay. In the fi…tkkHalls Chron. 5. H. 5. fol. 55. Graft. p. 464. Thin, and Hollinsh. vol. 3. Col. 1078. Yeare of King Henry the fift, This King undertaking a warre with France, by Advise and consent of his Parliament; as honourable to the King, and profitable to the Kingdome; to…which war they liberally contributed: Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME, AND HEAD OF THE COMMON-WEALTH; Which Office he should enjoy as long as the King was making Warre on the French Nation; the Summons of which Parliament issued out by this Duke in the Kings Name. See H. 1. c. 1.

In the Patent Rolls of 24. Hen. 6. 1 …. pars mem. 16. The King grants to Iohn Duke of Exceter, the Office of Admirall of England, Ireland, and Aqultain, which Grant is thus subscribed, Per breve de privato Sigillo; AVCTORITATE PARLIAMENTI; So that hee enjoyed that Office by apointment and Authority of the Parliament; which was no set standing Office; nor place of great Honour in former ages, when there were many Admiralls in England, designed to severall Quarters, and those for the most part annuall, or but of short continuance, not for life, as Sir Henry Spelman, shewes at large in his Glossarie: Title Admirallus, to whom I referre the Reader, and Title Heretoc…us; which Heretochs (elected by the people) had the command of the Militia of the Realme, by Sea and Land; and this word Heretoch in Saxon, signifying properly a Generall, Captaine, or Leader; as you may see there, and in Master Selden…, Titles of Honour, Pag. 605. 606. And sometimes, though more rarely, an Earle, Count, or Nobleman, Earlederman, or Prince, Hengist and Horsa being called Heretogan, in a Saxon Annall.

p. 65In llWalsingh. Hist, Ang. p. 459. Hall. Graf. …abian Speed, …russell. 1. H. 6.the 1. yeare of King Henry 6. (being but 9. months old when the Crowne descended) the Parliament summoned by his Father Henry the 5. (as Walsingham writes) was continued; in which By ASSENT OF ALL THE STATES, Humfry Duke of Gloucester, WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford; and all the Offices and Benefices of the Realm were committed to his disposall. In this Parliament (a strange sight never before seen in England) this infant king, sitting in his Queen mothers lap, passed in Majestick manner to Westminster, and there tooke state among all his Lords, before he could tell what English meant, to exercise the place of Soveraigne direction in open Parliament then assembled, to establish the Crowne upon him. In the Parliament Rolls of the 1. yeare of this King, I finde many notable passages pertinent to the present Theme, of which (for their rarity) I shall give you the larger account. Numb. 1. There is a Commission in this Infant Kings name directed to his Vncle Humfrey Duke of Gloucester, to summon and hold this Parliament in the Kings name and stead, and commanding all the Members of it, to attend the said Duke therein: Which Commission being first read; the Archbishop of Canterbury taking this Theame; The Princes of the People are assembled with God; declares 4. causes for which this Parliament was principally summoned. 1. For the good governance of the person of the most excellent Prince the King. 2. For the good conservation of the peace, and the due execution and accomplishment of the Lawes of the land. 3. For the good and safe defence of the Realme against enemies. 4. To provide honourable and discreet persons of every estate, for the good governance of the Realme, according to Iethro his Counsell given to Moses, &c. Which Speech ended, Numb. 7. 8, 9, 10, 11. The receivers of all sorts of Petitions to the Parliament are designed, and the Speaker of the House of Commons presented and accepted. Numb. 12. The Lords and Commons authorize, consent to, and confirme the Commission made to the Duke in the Infant Kings Name, to summon and hold this Parliament, (so that they authorize and confirme that very power by which they sate:) With other Commissions made under the great Seale to Iustices, Sheriffes, Escheators, and other officers, for the necessary execution of Iustice. Numb. 13. and 14. The Bishop of Durham, late Chancellour of England to Henry the 5. deceased; and the Bishop of London Chancellour of the Dutchy of Normandy, severally shew, that upon King Henry the 5. his decease they delivered up their severall Seales, after their homage and fealty first made, to King Henry 6. in the presence of divers honourable persons, (whom they name particularly) desiring the Lords to attest their surrender of the said Seales at the time and place specified, which they did; and thereupon they pray, that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity; which is granted and entred accordingly.

Numb. 15. It was enacted and provided by the said Lord Commissioner, Lords and Commons; that in as much as the Inheritance of the Kingdomes and crownes of France, England, and Ireland, were now lawfully descended to the King, which title was not expressed in the Inscriptions of the Kings Seales, whereby great perill might accrue to the King, if the said inscriptions were not reformed according to his Title of Inheritance, that therfore in all the Kings Seales, as well in England as in Ireland, Guyen, and Wales, this new stile should be engraven, Henricus Dei Gratia, Rex Franciae & Angliae, & Dominus Hiberniae, according to the effect of his inheritances; blotting out of them p. 66whatever was before in them superfluous or contrary to the said stile; and that command should be given to all the keepers of the said Seales of the King to reforme them without delay, according to the forme and effect of the new Seale aforesaid.

Numb. 16, Duke Humfrey the Kings Commissary, and the other spirituall and temporall Lords being sate in Parliament, certaine Knights sent by the Speaker and whole House of Commons came before them, and in the name and behalfe of the said Commonalty requested the said Duke, that by the advise of the said Spirituall and Temporall Lords, for the good government of the Realme of England, he would be pleased to certifie the said Commons, to their greater consolation, what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England, and Keeper of his Privie Seale: VponUpon which request so made, due consideration being had, and full advise taken; and the sufficiency of those persons considered, which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough: the King following his Fathers example and advise, by the assent of the said Lord Duke his Commissary, and of all and every one of the Lords spirituall and temporall, hath nominated and ordained anew, the Reverend Father, Thomas Bishop of Durham to the Office of his Chancellour of England, William Kinwolma…sh Clerk to the Office of Treasurer of England, and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale. And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid, that … well to the said Chancellor of England, as to the said Treasurer of England, and to the said Keeper of his Privie Seale for the exercise of the said Offices, severall letters patents should be made in this forme: Hen…icus Dei gratia Rex Angliae & Franciae & Dominus H…berniae, omnibus ad quos presentes lite…ae pervenerint …. Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES, constituimus venerabilem patrem Thomam Episcopum Dunelmensem, CANCELLARIVM nostrum ANGLIAE; dant…s & concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro, omnes & omnimodas auctoritatem & potestatem adomnia ea & fingula quae ad officium cancellarii Angliae, de jure sive consuetudine pertinent, seu quovis tempore pertinere consueverunt, &c. The like Patents verbatim, are in the same role (mutatis mutandis) made to the said Treasurer of England and Keeper of the Privy Seale. After which, the said Duke, by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury, the Bishops of Winchester and Wor…ester, the Duke of Excester, the Earle of Warwicke, the Lords of Ferrers and Talbot, to the Commons, then being in the Commons House, and notified to the Commonalty by the said Lords, these Officers to be nominated and ordained to the foresaid offices in forme aforesaid. VponUpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made, rendring many thanks for this cause to our Lord the King, and all the said Lords, as was reported by the said Lords in the behalfe of the Commons in the said Parliament.

Numb. 17. The liberties, Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts, are confirmed by Parliament, and their grants ordered to be sealed with the Kings new Seales without paying any Fine.

Numb. 18. Henry the 5. his last Will and the legacies therein given, are confirmed p. 67by the Kings Letters Patents, with the assent of the Lords and Commons in Parliament.

Numb. 19. A subsidy is granted to be imployed for the defence of the Realme of England, to which end the Lord Protectour promiseth it shall be diligently imployed.

Numb. 22. and 23. The King by assent of all the Lords spiritual. and temporall, wills and grants, that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England, and of the Constableship of the Castle of Gloucester from the death of the Kings father, so long as it shall please the King, with all the fees, profits and wages thereunto belonging, in the same manner as they were granted to him by his Father.

Numb. 24. The 27. day of this Parliament, the tender age of the King being considered, that he could not personally attend in these dayes the defence and protection of his Kingdome of England, and the English Church; the same King fully confident of the circumspection and industry of his most deare Vncles, John Duke of Bedford, and Humfrey Duke of Gloucester, By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall, and LIKEWISE OF THE COMMONS in this present parliament, hath ordained and constituted his said Vncle Duke of Bedford, now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME, and of the Church of England, and PRINCIPALL COVNSELLOR of our Lord the King; and that he shall both be and called Protector and Defendor of the Kingdome, and the Principall Councellor of the King himselfe after he shall come into England, and repaire into the Kings presence; from thenceforth, as long as he shall stay in the Kingdome; and it shall please the King. And further, our Lord the King BY THE FORES AID ASSENT and ADVICE, hath ordained and appointed in the absence of his said Vncle the Duke of Bedford, his foresaid Vncle the Duke of Gloucester now being in the Realme of England, PROTECTOR of his said Realme and Church of England, and PRINCIPALL COVNSELLOR of our said Lord the King; and that the said Duke shall be, and be called PROTECTOR and DEFENDOR OF THE SAID REALM AND CHVRCH OF ENGLAND, and that letters patents of the Lord the King shall be made in this forme following: Henrious Dei gracia, &c. Scitatis quod in adeotenera aetate constituti sumus, quod circa Protectionem & Defensionem Regni nostri Angliae & Ecclesiae Anglicanae personaliter attendere non possumus in presenti: Nos de circumspectione & industria charissime avunculi nostri Johannis Ducis Bedfordiae, plenam fiduciam reportantes, DE ASSENSV ET AVISAMENTO TAM DOMINORVM QVAM DE ASSENSV COMMVNIT ATIS DICTI REGNI ANGLIAE IN INSTANTI PARLIAMENTO existentium, ordinavimus & constituimus ipsum avuneulum nostrum, dicti regni nostri Angliae & Ecclesiae Anglicanae PROTECTOREM ET DEFENSOREM, AC CONSILIARIVM NOSTRVM PRINCIPALEM; & quod ipse dicti Regni nostri Angliae & Ecclesiae Anglicanae Protector & Defensor, ac principalis consiliarius noster sit, & nominetur, in & juxta vim formam & effectum cujusdam articuli IN DICTO PARLIAMENTO die datus pr…sentium habiti ET CONCORDATI: Proviso semper, quod praefatus Avunculus noster, nullum habeat p. 68aut gerat vigore praesentium potestatem, nec sicut praefatur nominotur, nisi pro tempore quo praesens hic in regno nostro Angliae fuerit, & PROVT IN PRAEDICTO ACTO CONTINETVR. Quodque carissimus Avnculus noster Dux Glocestriae, nobis in agendis dicti Regni negotiis post ipsum Avunculnm no strum Ducem Bedfordiae PRINCIPALIS CONSILIARIVS EXISTAT ET NOMINETVR, quotiens & quando praefatum Avunculum nostrum Ducem Bedfordiae infra Regnum mostrum Angliae mor aricontingat. Confidentes insuper ad plenum de circumspectione & industria praedicti Avunculi nostri Ducis Glocestriae DE ASSENSV ET AVISAMENTO PRAEDICTIS, ordinavimus & constituimus ipsum Avunculum nostrum Ducem Glocestriae, dicto Regno nostro, Angliae jam praesentem, dicti Regni nostri Angliae & Ecclesiae, Anglicanae PROTECTOREM ET DEFENSOREM, necnon CONSILIARIVM NOSTRVM PRICIPALEM, quociens & quando dictum avunculum nostrum Ducem Bedfordiae, extra Regnum nostrum Angliae morari & abesse centingat. Et quod ipse avunculus noster Dux Glocestriae Protector & Defensor Regni nostri Angliae, & Ecclesiae Anglicanae, & Principalis Consiliarius noster SIT ET NOMINETVR IVXTA VIM FORMAM & EFFECTVM ARTICVLI PRAEDICTI. Proviso semper, quod praefatus avuneulus & Dux Glocest nullum gerat aut habeat vigore praesentium potestatem, vel ut praefertur nominetur, nisi pro tempore quo praesens hic in Regno nostro Angliae fuerit in absentia dicti avunculi nostri Ducis Bedford. & prout in predictio articulo continetur. Damus autem universis & singulis Archiepiscopis, Episcopis, Abbatibus, Prioribus, Ducibus, Comitibus, Baronibus, Militibus, & omnibus aliis fidelibus nostris dicti Regni nostri Angliae quorum interest, tenore praesentium firmiter in mandatis, quod tam praefato avunculo nostro Duci Bedford… quociens & quand… protectionem & defensionem hujusmodi sic habuerit & occupaverit, quam praefato avunculo nostro Duci Glocestriae, quociens & quando ipse consimiles Protectionem & Defensionem habuerit & occupaverit in premissis faciendis, pareant obediant & intendant prout decet. In cujus reitestimonium &c. which Act and Commission thus made, and the tenour of them being recited before the said Duke of Gloster, and spirituall and temporall Lords; the said Duke having deliberated thereupon, undertook, at the request of the said Lords, the burthen and exercise of his occupation, to the honour of God, and profit of the King and Kingdome. Protesting notwithstanding, that this his assumption or consent in this part should not any wayes prejudice his foresaid Brother, but that his said Brother at his pleasure might assume his burthen of this kinde, and deliberate and advise himselfe.

Numb. 25. It is ordered by this Parliament, what under Offices and Benifices the Lords Protectors should conferre, and in what manner. Numb. 26. After the Lords and Commons in Parliament had setled and ordained the Protectors in forme aforesaid, AT THE REQVEST OF THE SAID COMMONS, there were, BY ADVISE AND ASSENT OF ALL THE LORD'S certaine persons of estate, as well spirituall as temporall, NAMED AND ELECTED TO COUNSELL AND ASSIST THE GOVERNANCE; whose names written in a small scedule, and read openly, were these; the Duke of Glocester, the Archbishop of Canterbury, the Bishops of London, Winchester, Norwich, Worcester; the Duke of Excester, the Earles of March, Warwick, Marshall, Northumberland, p. 69Westmerland; the Lord Fitz-hugh, Mr. H…gh Crumbwell, Mr. Walter Hungerford, Mr. Iohn Tiptof…, Mr. Walter Beauchamp. Numb. 25. These persons thus NAMED and CHOSEN COVNSELLORS and ASSISTANTS, after this nomination and election, condiscended to take such assistance to the governme…t in manner and forme contained in a paper scedule written in English, with their names thereto, containing five speciall articles, delivered in Parliament by the said persons chosen Counsellors assistants, of which scedule this is the tenure.

The Lords abovesaid, been condiscended to take it upon them, in manner and forme that sueth: First, for as much as execution of Law and keeping of peace start much in Iustice of peace, Sheriffs and Escheators, the profits of the King, and revenues of the Realme, been yearly encreased, and augmented by Customers, Controllers, prisers, seachers, and all such other Offices; therefore the same Lordswoll and desireth, that such Officers, and all other be made, by advise and denomination of the said Lords, saved alwayes and reserved to my Lords of Bedford and of Glocester, all that longeth unto them, by a speciall Act, made in Parliament; and to the Bishop of Winchester that hee hath granted him by our soveraigne, Lord that last was, and by authority of Parliament confirmed.

Numb. 29. Item, that all manner Wards, Mariages, Farmes, and other casualties that longeth to the Crown, when they fall, be letten, sold, and disposed by the said Lords of the Counsell; and that indifferently at dearest, without favour, or any manner partiality or fraud.

Numb. 30. Item, that if any thing should be enact done by Counsell, that six o… foure at the least, without Officers, of the said Counsell bee present; and in all great matters that shall passe by Counsell, that all be present, or else the more party. And if it bee such matter as the King hath be accustomed to be counselled of, that then the said Lords proceed not therein without the advice of my …ord of Bedford, or of Glocester.

Numb. 31. Item, for as much as the two Chamberlaines of the Exchequer bee ordained of old time to controule the receipts and payments in any manner wise maed; the Lordys desireth, that the Treasurer of England being for the time, and either of the Chamberlaines have a key of that that should come into the recepit, and that they be sworne to fore my Lord of Glocester, and all the Lords of the Counsell; that for no friendship they shall make no man privy, but the Lords of the Counsell, what the King hath in his Treasorie.

Numb. 32. Item, that the Clark of the Counsell be charged and sworne to truely enact and write daily the names of all the Loras that shall be present from time to time, to see what, how, and by whom any thing passeth.

Numb. 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament, and had well considered of them, and fully assented and accorded to them; the scedule of paper, by certaine of the Honorable Lords of Parliament on behalfe of the King and all the Lords in Parliament, was sent and delivered to the Commons to bee ascertained of their intent: whereupon after the said Commons had advised, the said Lords repeated in the said Parliament, that the Commons thanked all the Lords, and that THEY WERE WELL CONTENTED with all there contained in the said scedule, WITH THIS, that to the first of the said Articles there should be added one clause of purveiu, which the said Lords repeated on the behalfe of the said Commons, who delivered it to them in p. 70Parliament in one parchment scedule written in French, the tenour whereof ensueth.

Provided alwayes that the Lords, and other persons, and Officers, which have estate, and authoritie, some of inheritance, some for terme of life, and otherwise, to make and institute, by vertue of their offices, deputy Officers, and Ministers which appertaine to them to make of right; and as annexed to them, and to their offices of ancient time accustomed and used; shall not be restrained nor prejudiced, of that which appertaines to them by colour of this Ordinance or appointment. To which parchment scedule, and the contents thereof, read before the Lords in Parliament, the said Lords well agreed and fully consented.

Numb. 44. The Queen Mothers dower formerly agreed, appointed, and sworne to buy all the three estates in Parliament in 9. H. 5. was now againe, upon her Petition, confirmed and setled by this Parliament, after her husbands decease. And Numb. 41. Pet. 2. The Commons petitioned, that it might then be enacted, that no man nor woman should thenceforth be compelled, nor bound to answer before the Counsell or Chancery of the King, nor elsewhere, at the suit or complaint of any person for any matter; for which remedy by way of Action was provided by the Common law; and that no privie Seale, nor subpoena should issue thence, before a Bill were first there exhibited, and also fully allowed by two Iudges of the one Bench and other, that the complainant for matters and grievances in the said Bill could have no action, nor remedy at all by the common law, &c. A good Law to prevent the Arbitrary proceedings of these Courts, which are now too frequent in subverting of the Common law. Lo here in this Parliament, we have a Lord Protector, Chancellor, Treasurer, Keeper of the privie Seale, Chamberlaine, Privie Counsellors, Constables of Castles, and most other Officers of the King elected by Parliament; yea, a Commission for calling and holding this Parliament, confirmed by this Parliament when met; the Kings owne publike feales altered and new made; a new stile conferred on the King, a Kings last Will, and a Queenes Dower, when fallen, confirmed by the Parliament, and the privie Councell, Court of Request, and Chancery limited by it, without any dimininution of the Kings prerogative royall: what injury or disparagement then can it be to his Majesties royalties, to have his great Officers, Counsellers, and Judges, thus nominated and regulated in and by Parliament at this present? surely none at all.

In the Parliament Rolls of 4. H. 6. num. 8. I finde a Commission granted to John Earle of Bedford, under the great Seale (which was read in Parliament) to supply the Kings place, and power in this Parliament, and to doe all that the King himselfe, either might or ought to doe therein; because the King (by reason of his minoritie) could not there personally attend to doe it. Numb. 10. The Commons by a Petition, lamentably complained of the great discords and divisions betweene certaine great Lords, and privie Counsellors of the Kingdome; and more especially, betweene the Duke of Glocester Lord Protector, and the Bishop of Winchester Lord Chanceilor, by which divers inconveniences might happen to the Realme, if not speedily accommodated: desiring the Duke of Bedford, and other Lords to accord them; VponUpon which the Lord tooke a solemne Oath to reconcile them, and made an accord betweene them; which you may read at large inmm4. H. 6. f. 94. to 10…. Hall, nnvol. 3. 4. H. 6. p. 590. to 600.Holinshed, andooFox vol. 1. p. 920. to 925. Speed, Fabian, Grafton, Sto…, Trussel, in 4. H. 6. other our Historians▪ and in the Parliament Rolls, Numb, 12. 13. On the 13. day of March, Numb. 14. The Bishop of Winchester, Lord Chancellor of England, for certaine causes declared before the p. 71Lords in Parliament, instantly desired to be discharged of his Office, which causes they considering of and allowing, he was by the Lords discharged from his said Office: and the same day in like manner the Bishop of Bathe, Treasurer of England, requested to be freed from his Office, which was that day done accordingly. Numb. 14. On the eighteenth day of March, Iohn Bishop of Bathe and Wells, late Treasurer of England, by vertue of a privie seale directed to him, brought the Kings great golden seale, sealed up in a leather Bagge, into the Parliament, and really delivered it to the Earle of Bedford, the Kings Commissary; who receiving it of the said Bishop, caused it to be taken out of the Bagge, and to be seene of all, and then to be put into the Bagge againe; who sealing the Bagge with his signet, he delivered it to be kept, to the Bishop of London, then CHANCELLOR OF ENGLAND, BY ADVICE and ASSENT of the Lords spirituall and temporall, in that Parliament. Numb. 18. The King by the advise of the Lords spirituall and temporall, and by the assent of the Commons in Parliament, makes an exchange of Lewes de Bu…bon, Earle of Vandosme taken prisoner at the battell of Agencourt, for the Earle of Huntingdon, taken prisoner by the French; releasing the said Earle Vandosme of his Ransome, and Oath. Numb. 19. The Duke of Bedford, Constable of the Castle of Berwicke, petitioned, that the King, BY AVTHORITY OF PARLIAMENT (in regard of his absence from that charge, by reason of his continuall imployments in the Kings service in France, and elsewhere) might license him, to make a Lieutenant under him to guard that Castle safely: VponUpon which Petition, the Lords spirituall and temporall granted him power to make a s…fficient Lieutenant, such as the Kings Counsell should allow of; so as the said Lieutenant should finde such reasonable sureties for the safe keeping of the said Castle, as the Kings counsell should approve. And in this Parliament, ppHal… Chron: 4. H. …. f. 100 Grefton, p. 523. Helinsh…d, vol 3. p. …7…. and I rancis T…in, ibib. Howes, and Stowes Chron p. 400. 404.BY ASSENT OF THE THREE ESTATES OF ENGLAND, Richard Beauchamp Earle of Warwicke was ordained to be Governour of the young King, in like manner as the Noble Duke of Exceter was before appointed and designed; to execute which charge he was sent for out of France the yeare following. In the three and thirtieth yeare of this Kings reigne**Hall, Gra… ton, How. Speed An. …3. H…. … 34. Richard Duke of York was made Protector of the Realme, the Earle of Salisbury was appointed to be Chancellor, and had the great seale delivered to him; and the Earle of Warwick was elected to the Captainship of Calice, and the territories of the same, in and BY THE PARLIAMENT: by which the Rule and Regiment of the whole Realme consisted onelyonly in the heads, and orders of the Duke, and Chancellor; and all the warlike affaires and businesse rested principally in the Earle of Warwick. From which Offices the Duke and Earle of Salisbury being after displaced, by …mulation, envie and jealousie of the Dukes of Somerset Buckingham and the Queene, a bloody civill warre thereupon enfued: after which qqHall An. 38… a…d 39. H. 6. f. 176. to 183. Fabian… p. 470. Grafton, p. 643. to 548.Anno 39. H. 6. this Duke, by a solemne award made in Parliament between Henry the sixth and him, was againe made PROTECTOR AND REGENT OF THE KINGDOM. By the Statutes of 25. H. 8. c. 22. 28. H. 8. c. 7. and 35. H. 8. c. 1. it is evident, that the power and Right of nominating a Protector and Regent, during the Kings minoritie, belongs to the Parliament and Kingdome; which by these Acts authorized Henry the eighth, by his last Will in writing, or Commission under hi… seale, to nominate a Lord Protector, in case he died, during the … of his heire to the Crowne; and therrSpeed history, p 11… 8. Duke of Somerset was made Lord Protector of the King and Realme, during King Edward the sixth his nonage, p. 72BY PARLIAMENT; And not to trouble you with any more examples of this kinde, Mr. Lambard in his Archaion, p. 135. Cowell in his Interpreter, title Parliament, Sir Henry Spelman in his Glossarium, tit. Cancellarius (out of Matthew Westminster, An. 1260. 1265.) Francis Thin, and Holinshed, vol. 3. col. 1073. to 1080. 1275. to 1286. and Sir Edward Cook in his Institutes on Magna Charta, f. 174, 175. 558. 559. 566. acknowledge and manifest, That the Lord Chancellour, Treasurer, Privy Seale, Lord chiefe Iustice,**See Matth. Paris, p. 421. Privy Counsellors, Heretochs, Sheriffs, with other Officers of the Kingdome of England, and Constables of Castles, were usually elected by the Parliament, to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED: who being commonly stiled, Lord Chancellour, Treasurer, and chiefe Iustice, &c. OF ENGLAND, not of the King, were of right elected by the representative Body of the Realme of England, to whom they were accomptable for their misdemeanors. Seeing then it is most apparent by the premises, that the Parliaments of England have so frequently challenged and enioyed this right and power of electing, nominating, recommending, approving all publike Officers of the Kingdome in most former ages, when they saw iust cause; and never denuded themselves wholly of this their interest by any negative Act of Parliament that can be produced: I humbly conceive, it can be no offence at all in them (considering our present dangers, and the manifold mischiefes of the Kingdome hath of late yeeres sustained by evill Counsellors, Chancellors, Treasurers, …udges, Sheriffs, with other corrupt publike Officers) to make but a modest claime (by way of petition) of this their undoubted ancient right, nor any dishonour for his Maiesty, nor disparagement to his Royall Prerogative, to condiscend to their request herein, it being both an honour, and benefit to the King to be furnished with such faithfull Counsellors, Officers, Iudges, who shall cordially promote the publike good, maintaine the Lawes, and subiects Liberties, and doe equall iustice unto all his people, according to their oathes and duties; unfaithfull and corrupt officers being dangerous, and dishonourable, as well to the King as Kingdom, as all now see and feele by wofull experience. In few words; If thess14. E. 3. c. 7. 28. E. 3. c. 7. 42. E. 3. c. 9. Chancellors, Iudges, and other Officers power to nominate three persons to be Sheriffe in every County annually (of which his Majesty by law is bound to pricke on, …lse the election is void, as all the**12. R. 2. c. 2. 1. R. 2. c. 11. Cookes Instit. on Mag. Chart. f. 558. 559 566. Iudges of England long since resolved) and their authority to appointtt1 E. 3. c. 16. 14. E. 3. c. 7. and 12. R. 2. c. 2. 34. E. 3. c. 1. 38. E. 3. stat. 2. c. 4. 4. H. 4. c. 18. 2. H. 5. stat. 2. c. 1. 8. R. 2. c. 9. …ee Rastals Abridgement, Title, Iustices of peace, Customers, &c. Iustices of the Peace, Escheators, with other under Officers in each shire, be no impeachment at all of the Kings prerogative, as none ever reputed it; or if both Houses ancient priviledge, to vvModus tenendi Parliamentum; Holinsheds description of England c. 8. p. 173. and Annals, of Ireland, p. 127. &c. 1. lac. c. 1. Mr. Hackwels manner of passing Bills.make publike Bills for the publike weale, without the Kings appointment, and when they have voted them for lawes, to tender them to the King for his royall assent, be no diminution to his Soveraignty: then by the selfe-same reason, the Parliaments nomination, or recommendation of Counsellors, State-officers, and Iudges, to his Maiesty, with a liberty to disallow of them if there be iust cause assigned, can be no encroachment on, nor iniury at all to his Maiesties Royalties; it being all one in effect, to recommend new Lawes to the King for his royall assent, when there is need, as to nominate meet Officers Counsellors, Iudges, to him, to see these Lawes put in due execution when enacted. So that upon the whole matter, the finall result will be; That the Parliaments claime of this their ancient right, is no iust ground at all on his Maiesties part, to sever himselfe from his Parliament, or to be offended with them, much lesse to raise or continue a bloody warre against them.