The Sovereign Power of Parliaments and Kingdoms, Subpart 2

The Sovereign Power of Parliaments and Kingdoms · Subpart 2

p. 73That the King hath no absolute Negative voyce in the passing of Bills of Common Right and Iustice, for the publike good.

THe fourth great Objection or Complaint of the xxSee his Maies…ies Answer to the Lords and Commons Remonstrance May 26. 1642▪King, Malignants, Royallists against the Parliament is; That they deny the King a negative Voyce in Parliament; affirming in yyThe Remonstrance of the Lords and Commons May 26, and Nov. 2, 1642▪some Declarations; That the King by his Coronation Oath and duty, is bound to give his royall assent to such publike Bills of Right and Iustice, as both howses have voted necessary for the common wealth, or safety of the Realme, and ought not to reject them: Which is (say they) an absolute deniall of his royall Prerogative, not ever questioned or doubted of in former ages.

To this I answer first in generall. That in most proceedings and transactions of Parliament the King hath no casting, nor absolute negative voyce at all; as namely in zzSee A…hes Tables errour 65, to 70. 21 Iac. c, 13, Cromptons Iurisdiction of Courts, f, 1, … 20, …miths Common welth. l. 2, c, 1, 2, 15, E. 3. c, 2, 3,reversing erronious Iudgments given in inferiour Courts; damning illegall Pattents, Monopolies, Impositions, Exactions, redressing, removing all publike grievances or particular wrongs complained of; censuring or judging Delinquents of all sorts; punishing the Members of either house for offences against the Houses; declaring what is Law in cases of difficulty referred to the Parliament (of which there are aaBy acta…, l, 1, c. 2. 2 E, 3, f. 7▪ Register, Fol, 271, Westm, 2, c, 18, 14 E, 3, c, 5, 25, E, 3, stat, 2, of these that are borne beyond the sea…sundry presidents.) In these, and such like particulars, the King hath no swaying negative voice at all, but the houses may proceed and give Iudgement, not only without the Kings personall presence or assent) as the highest Court of Iustice, but even against his personall Negative vote or dissassent, in case he be present, as infinite examples of present and former times experimentally manifest beyond all contradiction. Nay, not only the Parliament, but Kings Bench, Common Pleas, Chancery, and every inferior Court of Iustice whatsoever, hath such a Priviledge by the Common law and bbMagna Charta, c, 29, and Cookes Institutes ibid, 2 E, 3, c, 8. 14 E, 3, c, 24, 15 …, 3, c, 2, 3, 18 E, 3. stat, 3, 20 E▪ 3. c, 1, 2. 1 R, 2 c, 2, 11 R, 2, c. 19.statutes of the Realm, that the King himself hath uo negative voice at all somuch as to stay, or delay for the smalest moment by his great or privy seale any legall proceedings in it, much lesse to countermand, controle, or reverse by word of mouth or proclamation, any resolution or judgement of the Iudges given in it: If then the King hath no absolute Negative overruling voice in any of his inferiour Courts; doubtlesse he hath none in the supre…mest greatest Court of all▪ the Parliament; which otherwise should be of lesse authority, and in farre worse condition then every petty sessions, or Court Baron in the Kingdome.

The sole question then in debate must be; Whether the King hath any absolute Negative over-ruling voice in the passing of publike or private Bills?

For resolving which doubt, we must thus distinguish: That publike or private Bills are of two sorts. First, Bills only of meere grace and favour; not of common right: such are all generall pardons, Bills of naturalization, indenization, confirmation, or concession of new Franchises, and Priviledges to Corporations, or private persons, and the like; in all which the King, no doubt, hath an absolute negative voice to passe or not to passe them; because they are acts of meere grace (which delights to be ever free and arbitrary,) because the king by his oath and duty, is no way obliged to assent thereto; neither can any subjects of justice or right require them at his hands, it being in the Kingsfree power, to dispence his favours freely when and where he pleaseth, and ccRom, 9, 15. 16. c. 11. 6. Nisi gramita non est gratia, August. De Natura & gratia, l. 1, c, 31. 36 E. 3. the Pardon, …, 43. E. 3. c. 4. 501. 3. c. 3. 1 R. 2. c. 10. 2 R. 2. …7. 1 H. 4. c. 20. 4 H. 4. c. 1. 6 R. 2. c. 13. stat▪ 2. c. 1. and all generall acts of Pardon,cōtrary to the very nature of free grace, to be either merited or cōstrained. Secōdly Bills of common right and justice, which the King by duty and oath is bound to administer p. 74to his whole kingdome in generall, and every subiect whatsoever in particular without denyall or delay: Such are all Bills for the preservation of the publike peace and safety of the kingdome; the Liberties, Properties, and Priviledges of the Subiect: the prevention, removall, or punishment of all publike or private grievances, mischiefes, wrongs, offences, frauds in persons or callings; the redresse of the defects or inconveniences of the Common Law; the advancing or regulating of all sorts of Trades; the speedy or better execution of Justice, the Reformation of Religion, and Ecclesiasticall abuses, with sundry other Lawes, enacted in every Parliament, as occasion and necessity require. In all such Bills as these, which the whole state in parliament shall hold expedient or necessary to be passed, I conceive it very cleare, that the king hath no absolute negative voyce at all, but is bound in point of office, duty, Oath, Law, Iustice, conscience, to give his royall assent unto them when they have passed both houses, unlesse he can render such substantiall reasons against the passing of them, as shall satisfie both Hou…e…. This being the onelyonly point in controversie, my reasons against the Kings absolute over-swaying negative Voyce to such kinde of Bills as these, are:

First, because being Bills of common right and Iustice to the Subiects, the denyall of the Royall assent unto them is directly contrary to the Law of God, whichdd2▪ Sam. 3. 3. 2 Chron. 9. 8. Ezek. 45. 8, 9. Est. …. 13. to 22. Dan. 3. 29. 2 Chron. 30. 1. to …. 23. 1 Chron. 13. 1. to 7, Est. 9. 27. … 32.2 Sam 3:32 Chr 9:8Ezek 45:8Ezek 45:9Dan 3:292 Chr 30:1–231 Chr 13:1–7Esth 9:27Esth 9:32 commandeth kings to be just, to doe judgement and justice to all their Subjects, especially to the oppressed, and not to deny them any just request for their reliefe, protection or wellfare.

Secondly, because it is point-blanke against the very letter of Magna Charta (the ancient fundamentall Law of the Realme, confirmed in at least 60. Parliaments) ch. 29. WE SHALL DENY, WE SHALL DEFERRE (both in the future tense) TO NO MAN (much lesse to the whole Parliament and Kingdome, in denying or def…rring to passe such necessary publike Bills) IVSTICE OR RIGHT, A Law which in terminis takes cleane away the Kings p…etended absolute negative Voyce to these Bills we now dispute of.

Thirdly, Because such a disasse…t…ng Voyce to Bills of this nature, is inconsisent with the very eeSee d…before, …racton, l. 1. c. 2. l. 3. c. 9. Fortescue, c. 9. to 15. Cooke l. 7.office, duty of the king, and the end for which he was instituted: to wit, equall and speedy administration of common right, justice, and assent to all good Lawes for protection, safety, ease, and benefit of his Subjects.

Fourthly, Because it is repugnant to the very Letter and meaning of the kings Coronation Oath solemnly made to all his Subiects; TO GRANT, FVLFILL, and Defend ALL RIGHTFVLL LAWES which THE COMMONS OF THE REALME SHALL CHVSE, AND TO STRENGTHEN AND MAINTAINE THEM after his power. Which Clause of the Oath (as I formerly manifested at large, and the Lords and Commons in their Remonstrance of May 26. and ff5. 11. …olvins case.Nov. 2. prove most fully) extends onelyonly, or most principally to the kings Royall assent to such new rightfull and necessary Lawes as the Lords and Commons in Parliament, (not the king himselfe) shall make choise of. This is infallibly evident, not onelyonly by the practise of most of our kings in all former Parliaments, (especially in king Edward the 1, 2, 3, 4. Rich. 2. Hen. 4, 5▪ and 6. reignes), whereof the first Act commonly in every Parliament was, the confirmation of Magna Charta, the Charter of the Forest, and all other former unrepealed Lawes; and then follow sundry new Act… which the Lords and Commons made choise of as there was occasion, and our Kings p. 75assented to, (confessing they were bound to doe it by their Coronation oath and duty, as I shall manifest presently:) but likewise by the words of the Coronation oaths of our ancienter Kings, already cited in the first part of this Discourse; and of our Kings oaths of latter times: theggSee the Remonstanc… of the Lords and Commons Nov. 2. 1642. p. 35, 36, 37, 38. Coronation Oaths of King Edward the 2. and 3. remaining of Record in French, are in the future tense. Sire, grantes vous a tenir et garder LES LEYS et les Coustumes DROITVRELES les quiels LA COMMVNANTE de vostre Royaume AVRESLV, & les defenderer et assorcer…r al honeur de Di…u a vostre poare?

Respons. Ie le FERAI, in the future, too.

The close Roll of An. 1. R. 2. M▪ 44. recites this clause of the Oath which King hhSee Wa… singham, Hist. Ang. 1. R. 2. p. 192, 193, 194. where the whol… manner of his Coronation is expressed at large.Rich took in these words; Et etiam de tuendo & custodiendo IVST AS LEGES & consuetudines ecclesiae, ac de faciendo per ipsum Dominum Regem, eas esse protegendas & ad honorem Dei CORROBOR AND AS quas VVLGVS IVSTE ET RATIONABILITER ELEGERIT juxta vires ejusdem Domini Regis, in the future tense. And Rot. Parliament, 1. H. 4. p. 17. expresseth the clause in King Henry his Oath thus: Concedis IVSTAS LEGES & consuetudines esse tenendas, & promittis per te eas esse protegendas & ad honorem Dei CORROBORANDAS QV AS VVL GVS ELEGERIT secundum vires tuas. Respondebit; Concedo & Promitto.

In the Booke of Clarencieux Hanley, who lived in King Henry the 8. his reig…e, this clause of the Oath (which this king is said to take at his Coronation) is thus …endred in English: Will you GRANT, FVLFILL, defend ALL RIGHTFVLL LAWES and Customes, the which THE COMMONS OF YOVR REALME SHALL CHVSE (in the future, and where but in the Parliament House when and where they meet together to make good Laws?) and shall strengthen and maintain to the worship of God, after your power▪ The King shall answer, I grant and behe…e. But that which puts this past all doubt, is the Coronation Oath of K. Edward the 6. thus altered by the Lord Protectour and Kings Councell in words, but not sence; Doe you grant to make NO NEW LAWES, but such as SHALL BE to the honour and glory of God, and to the good of the Common-wealth, and that the same SHALL BEE MADE BY CONSENT OF YOVR PEOPLE, AS HATH BEEN ACCVSTOMED? Where this clause of the Oath, referres wholly and onelyonly to future new LAWES, to be chosen and made by the Peoples consent, not to Lawes formerly enacted. And certainly it must do s…, else there would be much Tautology in this short solemne Oath, unsutable to the grave wisdome and judgement of an whole Kingdom to prescribe and continue for so many ages, and for our Kings in discretion to take: For the first clause of the Oath both in the Latin, French, and English Copie… of ancient and present times, is this, Sir will you grant and keep, and by your oath confirme to the people of England; THE LAWES AND CVSTOMES GRANTED TO THEM BY ANCIENT KINGS OF ENGLAND, rightfull men, and devout to God; and namely the Lawes and Customes, and Franchises granted to the Clergy and to the people by the glorious King Edward, to your power? Which clause relating to all Lawes and Customes granted by forme… Kings to the people; if this latter clause should be in the pretertense too, HATH CHOSEN (as the King and his mistaken Counsell object) it would be a meer Su…plusage, or Battology, yea the same insubstance with the first part of the oath, and ou… Kings should be onelyonly bound by p. 76their oathes to observe their Ancestors Lawes, not their owne as they now argue, (the reason perchance why the Petition of Right, and our other new Lawes are so ill observed) which is ridiculous to imagine. And whereas they obiect, that the word CVSTOMS joyned to lawes in the last clause, cannot be meant of such Customes as the people shall chuse after the Oath made, because all Customes are, and must be time out of minde. The Answer is very easie; For Customes here are not taken strictly for ancient usages time out of minde; but for Statutes, Franchises, just Liberties, or Taxes for the Kingdoms defence, chosen & freely granted by the Commons or people, and to be confirmed by the King in Parliament; as appears by the first clause of the oath, the laws & customs granted to them by the ancient Kings of England. And byiil…b. 1. c. 2. f, 1. b. Bracton himself, who expounds this clause of the oath to relate to future Laws, newly made by our Kings after their Coronations, in this observable passage. Hujusmodi vero leges Anglicanae & CONSVETVDINES, regum authoritate jubent quandoque, quando que vetant, & quandoque vindicant, & puniunt transgressores; quas quidem cum FVERINT APPROBATAE CONSENSV VTENTIVM ET SACRAMENTO REGVM CONFIRMATAE, mutari non poterunt nec destrui, SINE COMMVNI CONSENSV EORVM OMNIVM,see Brook and Fitz. Herbert. and Ash. Title Custome. & Prescription. Cookes Instit. on Littleton, f. 110. b. 113, b. 175. b. quorum CONSILIO ET CONSENSV FVERVNT PROMVLGATAE. Now no Customes properly so called, can commence by way of grant, especially of the King alone; but only by the people and common usage for a good space of time (as the Customes of Gavelkinde, Burrough English, and such like, never granted nor commenced by Charter or Act of Parliament, did;) and if the King by Charter or Act of Parliament, should grant a new Custome, before it were a Custome in this sense, it would be utterly void in law, because there was no such custome then in being, Cookes Instit on Little…on f. 58. b. and the Bookes there cited, Register. f. 151. Briefe de CONSVETVDINI…VSUS & …ervitiis.and no gran… or act can make or create a custome or prescription that had no former being. Therefore Custome in this oath, coupled with just and reasonable, must needs be meant only of such iust and reasonable statutes, liberties, privilidges, immunities, aides, taxes, or services for the subjects ease and benefit, and the publike service, as they upon emergent occasions shall make choice of in Parliament; of whose iustnesse and reasonablenesse not the King alone, but the grand Councell of the Kingdom (assembled in the Parliament, to this very end, to iudge of, make, and assent to iust and profitable Laws) are and ought to be the proper Iudges, as I have elswhere manifested; and the very words of the oath, QVAS VVLGVS ELIGERIT, to which justas leges & consuetudines relates, resolve beyond contradiction. And King David and Achish both were of this opinion, 1 Chron. 13. 1. to 6. 2 Sam. 18▪ 2, 3, 4. 1 Sam. 29. 2. to 11. and King Hezekiah too 2 Chron. 30. 1. to 7. 23. yea God himselfe, and Saunel too: 1 Sam. 8. 4 to the end.

Fifthly, Because it is directly contrary to the preambles and recitals of sundry Acts of Parliament in most of our Kings reignes comprising the two last reasons. To instance in some few of many: the ancient statutes of **Now Mal…orrough.Marlbridge begin thus. The yeare of grace 1267. for the better estate of the Realme of England, and for the more speedy ministration of Iustice, AS BELONGETH TO THE OFFICE OF A KING, the more discreet men of the Realme being called together, as well of the higher as of the lower estate: It was provided, agreed, and ordained, that whereas the Realme of lat… had beene disquieted with manifold troubles and distractions, for reformation whereof statutes and lawes BE RIGHT NECESSARY, whereby the peace and tranquility of the people may be conserved, wherein the King intending to devise p. 77convenient remedy, hath made these Acts underwritten.**Westm. the first. The statutes of 3 Edw. 1. have this Prologue. These be the Acts of King Edward, &c. at his first Parliament generall after his Coronation. Because our Soveraigne Lord the King hath great zeal in desire to redresse the state of the Realm in such things AS REQVIRED AMENDMENT for the common profit of the holy Church, and of the Realme &c. the King hath ordained and established these Acts underwritten, which he intendeth TO BE NECESSARY AND PROFITABLE unto the whole Realme. And cap. 17. in the Marches of Wales, and elsewhere, where the Kings Writs be not currant, the King which is chiefe and soveraigne Lord there, SHALL DOE RIGHT THERE unto such as will complaine. And cap. 48.**In the S…atutes at large it is c. 48. but 51. in Mag. Charta…s. The King hath ordained these things unto the honour of God, and holy Church, and for the commonwealth, and for the remedy of such as be grieved; and for as much as it is great charity (which is oft times put for Iustice, as here) TO DOE RIGHT VNTOUNTO ALL MEN AT ALL TIMES WHEN NEED SHALL BE, by assent of all &c. it was provided. The statute of Glocester in the 6. year of King Edw. 1. is thus prefaced. For the great mischiefs and disinherisons that the people of the Realme of England have heretofore suffered, throught default of the law that failed in divers cases within the said Realm; our soveraign Lord the King for the amendment of the land; for the reliefe of his people, and to eschew much mischiefs, dammages and dis-inherisons, hath provided established these Acts underwritten, willing and commanding that from henceforth they be firmely kept within this Realme. The Statutes of Westminster, 2. in his 13. year begin thus: Whereas of late our soveraigne Lord the King, &c. calling his Counsell at Glocester, and considering that divers of this Realm were disherited, by reason that in many cases, where remedy should have been had, there was none provided by him nor his Predecessors, ordained certaine statutes, right necessary and profitable for his Realm, whereby the people of England and Ireland have obtained more speedy Iustice in their oppressions then they had before, and certaine cases (wherein the law failed) did remaine undetermined, and some remained to be enacted that were for the reformation of the oppressions of the people; our soveraigne Lord the King in his Parliament holden &c. the 13) ear of his reign at Westm. caused many oppressions of the people, and defaults of the lawes, for the accomplishment of the said statutes of Glocest to be rehearsed, and thereupon did provide certaine Acts here following. The s…atute of Quo Warranto, An. 1278. (the 6. year of this King, made at Glocest.) hath this exordium. The King himself providing for the wealth of his Realm, and the morefull administration of Iustice, AS TO THE OFFICE OF A KING BELONGETH; the more discreet men of the Realm, as well of high as of low degree being called thither, it was provided &c. The sta…. of York 12 E. 2 hath this Prologue. Forasmuch as people of the Realm of England and Ireland have heretofore suffered many times great mischiefs, damage and disherison by reason that in divers cases where the law failed, no remedy was purveyed &c. our soveraign Lord the King desiring THAT RIGHT BE DONE TO HIS PEOPLE at his Parl. holden at York &c. hath made these Acts & statutes here following, the which he willeth to be straitly observed in his said Realm. In 9. Ed. 3. in a Parliament held at York.**The Prologue and …. the Commons desired the King in the said Parliament by their Petition, that for the profit and commodity of his Prelates, Earls, Barons, and Commons of his Realm, it may please him, WITHOVT FVRTHER DELAY, upon the said grievances and outrages to provide remedy: our soveraign L. the K. desiring the profit of his people by the assent of his Prelates &c. upon the said things disclosed to him, & found true, to the p. 78great hurt of the said Prelates &c. and oppression of his Commons, hath ordained and established &c. In 10. E. 3. stat. 1. there is this introduction. Because our Soveraigne Lord the King Edw. 3. WHICH SOVERAIGNLY DESIRETH the maintenance of his peace and safeguard of his people, hath perceived at the complaint of the Prelates, Earls, Barons, and also at the shewing of the Knights of the shires, and the Commons in their Petition put in his Parliament &c. divers oppressions and grievances done to his people, &c. COVETING to obvent the malice of such felons, and to see a covenable remedy, hath ordained, &c. for the quietnes and peace of his people, that the articles underneath written be kept and maintained in all points 14. E. 3. stat. 1. To the honor of God, &c. the King for peace and quietnesse of his people, as well great as small, doth grant and establish the things underwritten. The like we have in 15. E. 3. stat. 1. and in this kings Proclamation for revoking it, there is this passage; We considering, how BY THE BOND OF OVR OATH WE BE BOVND TO THE OBSERVANCE AND DEFENCE OF THE LAWES AND CVSTOMES OF THE REALME, &c. So in 20. E 3. Because that by divers complaints made to us, we perceived that the law of the land which WEE BY OVR OATH BE BOVND TO MAINTAINE is the lesse well kept, and the execution of the same disturbed many times, &c. WE GREATLY MOVED OF CONSCIENCE IN THIS MATTER, and for this cause desiring as much for the pleasure of God and ease and quietnesse of our Subjects, AS TO SAVE OVR CONSCIENCE AND TO KEEPE OVR SAID OATH, by the assent of the great men and other wise men of our Counsel, we have ordained these things following 23. E. c. 8. That in no wise ye omit the same, as ye love us and the Commonwealth of this Realme. 25. E. 3. stat. 2. Because that statutes made and ordained before this time have not been holden and kept as they ought to be, the King willing to provide quietnesse and common profit of his people, by the assent, &c. hath ordained and established these things under-written. The passage in the statute of Provisors, 25. E. 3. Parliam. 6. is notable. Whereupon the said Commons have prayed our Soveraigne Lord the King, that SITH THE RIGHT OF THE CROWNE OF ENGLAND, AND THE LAW OF THE SAID REALME IS SVCH, that upon the mischiefes and dammages which hapneth to his Realme, HE OVGHT AND IS BOVNDEN OF THE ACCORD OF HIS SAID PEOPLE IN PARLIAMENT THEREOF TO MAKE REMEDY, AND THE LAW OF VOIDING THE MISCHIEFES and dammages which thereof commeth, that it may please him thereupon to ordain remedie. Our Soveraigne Lord the King seeing the mischiefes and dammages before named, and having regard to the statute made in the time of his Grandfather, and to the cause contained in the same; which statute alwayes holdeth his force, and was never defeated, nor annulled in any point; and by so much AS HE IS BOVNDEN BY HIS OATH TO DOE THE SAME TO BE KEPT AS THE LAW OF THIS REALME though that by sufferance and negligence it hath been attempted to the contrary; also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore, willing to ordain remedy for the great dammage and mischiefs which have hapned, and daily do happen to the Church of England by the said cause; By assent of the great men and Commonalty of the said Realm, to the honor of God and profit of the said Church of England, and of all his Realme, hath ordered and established▪ &c. 28. E. 3: The King for the common profit of him and his people, &c. hath ordained. 36. E. 3. To the honour and pleasure of God, and the amendment of the outragious grievances p. 79and oppressions done to the people, and in reliefe of their estate, King Edward, &c. grant…d for him and his Heires for ever these Articles underwritten. 1. R. 2. To the honour of God and reverence of holy Church, for to nourish peace, unity, and concord, in all the parts within our Realm of England, which we doe much desire; We have ordained, &c. 3. R. 2. For the honour of God, and of holy Church, and for the common profit of the Realme of England, our Soveraigne Lord the king hath ordained, &c. for the quietnesse of his said people, the Statutes and Ordinances following, &c. cap. 2. (with 2. H. 4. c. 1.) Our soveraign Lord the king greatly desiring the tranquility and quietnes of his people, willeth and straitly commandeth, that the peace within his Realme of England be surely observed & kept, so that all his lawful subjects may from henceforth safely and peaceably goe, come, and dwell after the Law and usage of the Realme, and that Iustice and right be indifferently ministred to every of his said subjects, as well to the poore as to the rich in his Courts. 1. H. 4. Henry by the Grace of God, &c. to the honour of God and reverence of holy Church for to nourish peace, unity & concord of all parties within the Realm of England, and for the reliefe and recovery of the said Realm, which now late hath been mischievously put to great ruine, mischief and desolation, of the assent, &c. hath made and established, &c. 6. H. 4. c. 1. For the grievous complaints made to our Soveraigne Lord the king by his Commons of the Parliament of the horrible mischiefes and damnable custome which is introduced of new, &c. Our soveraign Lord the King to the honor of God, as well to eschew the dammage of this Realme, as the perils of their soules which are to be advanced to any Archbishopricks or Bishopricks, &c. hath ordained. Divers such recitalls are frequent in most of our statutes in all Kings raignes, viz. 37. E. 3. c. 2, 3, 4, 5. 3. R. 2. c. 3. 5. R. 2. Stat. 1. 2. 6. R. 2. Stat. 1. 7. R. 2. 8. R. 2. (For the common profit of the said Realme, and especially for the good and just government and due execution of the common Law, it is ordained, &c.) 10. R. 2. Prologue & c. 1. 11. R. 2. c. 1. 12. R. 2. 13. R. 2. Prologue & c. 3, 5, 6. 14. R. 2. 21. R. 2. 1. H. 4. & 5. c. 7. 1. H. 6. 8. H. 6. Prologue & c. 25. 10. H. 6. c. 3. 12. H. 6. c. 12. 39. H. 6. Prologue 1. R. 3. c. 2. 6. 8. 3. H. 7. c. 5, 6. 11. H. 7. c. 18. But I shall conclude with some more punctuall ones. 18. E. 3. stat. c. 1, 2. To nourish, love, peace and concord between holy Church and the Realme and to appease and cease the great hurt and perils & impertable losses and grievances that have been done and happened in times past, and shall happen hereafter, if the thing from henceforth be suffered to passe, &c. for which causes, and dispensing whereof, the ancient lawes, usages, customes, and franchises of the Realm, have been, and be greatly appaired, blemished, and confounded, the Crown of the king minished, and his person falsly defrauded the treasure and riches of his Realme carried away, the inhabitants and subjects of the Realme impovirished, troubled, &c. the King at his Parliament, &c. having regard to the quietnesse of his people, which he chiefly desireth to sustaine in tranquility and peac…, to governe according to the Lawes, Vsages, and Franchises of this Land, as HE IS BOVND BY HIS OATH MADE AT HIS CORONATION; following the wayes of his Progenitors, which for their time made certaine good Ordinances and provisions against the said grievances, &c. by the assent, &c. hath approved, accepted, and confirmed. &c. 2. R. 2. c. 7. Because the King hath perceived, as well by many complaints made to him, as by the perfect knowledge of the thing, &c. the King desiring soveraignly the peace and quietnesse of his Realme, and his good Lawes and Customes of the same, and the Rights of his Crowne to be maintained and kept in all points; and the offenders duly to be chastised and punished, AS HE IS SWORN AT HIS CORONATION, p. 80by the assent of all the Lords &c. hath defended &c. And moreover it is ordained and established &c. 3 R. 2. Rot. Parl. Num. 38. & 40. The Commons desiring a grant of new power to Iustices of Peace, to enquire into extortions; the Bishops conceiving it might extend to them, made their protestation against this new grant; yet protested, that if it were restrained only to what was law already, they would condiscend to it, but not if it gave any new or further power. The King answers, that notwithstanding their protestation, or any words con…eined therein, he would not forbeare to passe this new grant, and that BY HIS OATH AT HIS CORONATION HE WAS OBLIGED TO DO IT. And 6 H. 6. c. 5. We, for as much as by reason of our Regality, WE BE BOVNDEN TO THE SAFEGVARD OF OVR REALM round about, willing in this behalfe convenient hasty remedy to be adhibite, have assigned, &c. By these, with infinite such like recitalls in our ancient and late statutes in the Kings owne Proclamations, Commissions, yea and in writs of law (wherein wee find these expressions; aaR…gister. part 2. f, 7. c. 15. a.Nos qui singulis de regno nostro in EXHIBITIONE IVSTITIAE SVMVS DEBITORES; plaenam & celerem justitiam exhiberi facias. bbibid f. 10. 38. b. 127. b. 180. a.Nos volentes quoscunque legios nostros in curiis nostris &c. justitiam sibi &c. nullatenus differri. Ad justitiam inde reddendam cum omni celeritate procedatisccibid. f. 125. b, 126. 129. Nos oppressiones, duritias, damna excessus, & gravamina praedictae nolentes relinquere impunita; volent esque SALVATIONI & QVIETI POPVLI NOSTRI hac parte PROSPICERE VT TENEMVR; eidm celeris justitiae complementum, & debitum & festinum iustitiae complementum fieri facies,ddibid f. 42. a, 43. b, see f. 60. to 65. Nos huiusmodi praeindicio precavere volentes, prout ASTRINGIMVR IVRAMENTI VINGVLO. Quia… iudicia in curia nostra cito reddita in suis roboribus manuteneri volumus & defendi prout AD HOC IVRAMENTI VINCVLO ASTRINGIMVR & TENEMVR. &c, It is most apparent, that the Kings of England both by their oath, duty, and common right, even in point of justice and conscience, are bound to assent to all publike Acts as are really neces…ary for the peace, safety, ease, weale, benefit, prevention of mischiefs and redresse of greivances of all, or any of their subjects, without any tergiversation, or unnecessary delayes, when they are passed and tendered to them by both Houses, and that in such acts as these they have no absolute Negative voice at all, but ought to give their speedy, free, and full consents thereto, unlesse they can give satisfactory reasons to the contrary.

Sixthly, All our ancient Kings of England, (as the premises, with all publike usefull statutes enacted in their reigne▪ evidence) have alwayes usually given their free and full consents in Parliament to such publike acts as these, without deniall or protraction, conceiving they were bound by oath and duty so to doe; and if they ever denyed their royall assents to any Petitions or Bills of the Lords and Commons of this nature, they alwayes gave such good reasons for it as satisfied both Howses: witnes their answers to infinite Petitions yet extant among the Parliament records. Therefore the King now is as much obliged thereto as they.

Seventhly, If the King in point of law, should have an absolute negative voice in denying his assent to publike Bills of meere right, and justice; then he should have power by law to deny justice and right, and to doe wrong and iniustice to his people; a prerogative which neither God himselfe, nor any lawfull Monarch ever yet chalenged; but renounced with greatest detestation. I read in**Apo…hegm. Plutarch that when a flatterer said to king Antigonus, that all things were honest and iust to Kings, he answered: p. 81only indeed to Kings of Barbarians, but to us honest things are to be accounted for honest, only just things for just: And that**Plutarch Apotheg. Lat…n. p. 468. Acrotatus gave the like answer to his parents, when they pressed him to do an uniust thing: Quo…iam vult is me optima ag…re, optimū aute… est cum privato, tum multo etiā magis Principiid quod est justum, agam qu… …ultis, quae viro dicitis detrectabo. Yea our law expresly denies the king any such uniust prerogative, by these unquestionable maximes:ff…ract. l. … c. …. l. 6. 16. l, 3. c. … ▪ Fl…t. l, 3. c, 3. 17, & f. 5, 7, Cook l: 11, …. 72, 7…. l. 7, f, 5. 11. C…lo. case, Fortes c. 9, to 15. Ploud. 246 247. 487. 21. E, 3, f. 47. the King neither can, nor ought by law to do any wrong, seeing he is Gods Vicar, and the fountaine of Iustice. Et hocsolum Rex NON POTEST FACERE quod NON POTEST INIVSTE AGERE: which our ggPlouden, …, 246. 247. & Ashes Table P…erogat. 60. Iudge Cook… Argu. against ship-money. p, 58. to 65.law-books make no defect of power, but one of the highest branches of the Kings Prerogative: for confirmation whereof, I shal only cite one notable Record, 7. H. 4. Rot. Parl. Num. 59. The Commons complained, that by the favour of Ordinaries, divers incumbents were outed of their benefices by superinstitutions upon presentations of the King, contrary to the statute in that case provided; and were denied a Scire faci…s, without a speciall licence or command of the King first obtained, to the great offence of God, and against reason and law **… qu… tiel fait…n… poet …ye e…re Prerogative …n nostr… S…ignour le Ro… quest derogatif al execution de droi… et justi….BECAVSE SVCH AN ACT CANNOT BE ANY PREROGATIVE AT AL IN OVR LORD THE KING, WHICH IS DEROGATIVE TO THE EXECVTION OF RIGHT AND IVSTICE. Wherefore they petitioned the King, that he would be pleased to grant and command the Chancellor, to deliver a writ of Scire facias to every of his Leiges who are outed of their benefices or possessions by the foresaid title of the King, and that thenceforth the Chancellors shall be bound to deliver by authority of their Offices this Writ of Scire facias at the sute of the parties: and further, to doe right to the parties, without suing to the King, and without other warrant from him. To which the King gives this answer. The King wills, that the said statute bee firmly held and kepe; and farther willeth and granteth, that if hee presents to any benefice which shall bee full of any Incumbext, that the Presentee of the King shall not bee received by the Ordinary to such a benefice, untill the King hath recovered his presentment by processe of Law in his owne Court: and if any Presentee of the King bee otherwise received, and the Incumbent outed without due Processe, as aforesaid, the said Incumbent may commence his sute within one yeare after the Induction of the Kings Presentee, or later. And further, the King wills that no ratification granted for the Incumbent, after that the King hath presented and taken his sute, shall bee allowed pending the plea, nor after the judgement given for the King; but that such judgement shall bee fully executed, as reason demands. L…e here the Commons and Parliament affirme, and the King himselfe subscribes thereto: That the King neither hath, nor yet can have any Prerogative at all, which is derogative, or any impediment at all in the execution of Right and Justice; and disclaime a negative voyce, or power, in him, in granting a scire facias to particular Incumbents, unduly outed of their Living by a pretended prerogative power, against Reason and Law. Therefore à fortiori, the King, by his prerogative, neither hath, nor can have any absolute Negative voice at all to hinder the passing of publike Bills presented to him by both Houses, for the due execution of right and iustice, and the weale, peace, or safety of the whole Kingdome. That speech ofhhI…t. 38. 5. King Zed…kia… to his Princes (though in a bad case) is an undoubted verity here: Behold he is in your hands; FOR THE KING IS NOT HE THAT CAN DOE p. 82ANY THING AGAINST YOU: and likewise of King David to his people: 2 Sam. 18. 3. 4. WHAT SEEMETH TO YOU BEST I WILL DO. In one word, as it is no impotency in God, but a part of his owne divine prerogative; iiTit. 1. 2. Heb 6. 18.Titus 1:2Heb 6:18that he cannot possibly ly, kk2 Tim 2▪ 132 Tim 2:13that he cannot deny himself, llMal. 3. 6. Iam. 1. 17.Mal 3:6Jas 1:17that he is immutable and changeth not, that he mm…. 18 25.cannot do injustice: And as it was the Apostles highest priviledge. 2 …or. 13. 8. We can do nothing against the truth, but for the truth. So it is no note of impotency but of highest Soveraignty in our Kings, that in all Bills of publike Right and Common Iustice, they have no Negative voice or power at all to withstand or deny their passing; for then they should have a prerogative to deny common Right and Iustice, and so to doe publike injustice, which God himselfe (whose vicegerents they are) is uncapable of, and never derived to them. I will close this reason with that memorable speech of that great heathen Emperour Iulius Caesar, which he somtimes used at Rome in the Councell-house;**Dion Hist 43. Bishop Iewels Defence of the Apol▪ pa…t 4. c. 5. p. 363. Touching all other affaires that are to be taken in hand for your sake, I am both your Consul, and your Dictator; but as touching any wrong to be done to any man, I am as a private man without office.

Eighthly, Our Kings have ever claimed this as an absolute duty from their subjects in Parliament, to grant them such speedy, free, and competent ayds, subsidies, customes for the necessary defence of themselves, and the Kingdome, and support of their royall estates, as the urgency of their publike warres, and affaires required; and the subjects (though they have sometimes denied subsidies to their Princes upon reasonable causes, and excuses alleadged by them, expressed in our nnMat. Paris P. 561, 562, 563. 718, 719▪ 725, 726, 933, 43…, 935. Walsing. bi. P. 98. 185. Speed p. 621 Daniel, p. 151, 157, 160, 161, 162, 164, 175, 256.Historians) yet have always held it their oo37 H. 8. c. 24 1 E. 6. c. 13 7 E. 6. c. 12. 13. see Iudge Crooks & Huttons …rgum. against ship-money.BOUNDEN DUTY to grant such ayds in Parliament, when (and sometimes before) they have been required, and have really done it without refusall, when they saw just cause to grant them; as all the old and new Acts for the grant of Customes, Subsidies, Dismes, Quindismes, Tonnage and Poundage, Polemoney, with other such aides in all our Kings-Reignes, abundantly evidence. Therefore the King (who is as much obliged by oath and duty to aid his subjects, and provide for their common protection, weale, peace, ease, as they are to provide for His, and the Kingdomes safety) is by like reason as much obliged in duty not to deny them such publike Acts; as they are not to deny him such publike aides.

Ninthly, Kingdomes and Commonweales were existent before Kings, for there must be a Kingdome, and society of men to governe (asppPolit. l. 1, 2, 3, 4, 5. Aristotle, qqDe officiis l. 2Cicero, rrHist. l ….Polibius, ssDe civit. Dei l. 2. c. 21.Augustine, ttDe La…d. Leg Ang▪ c▪ 9. to 15.Fortescue, and all other Polititians accord) before there could be a King elected by them for to governe them: And those Kingdomes and societies of men had (for the most part) some common lawes of their owne free choice by which they were governed, before they had Kings; which lawes they uuXenoph▪ de Laced. Repub. p. 690 Hier. Blanca, R…yum Aragenens. Comment p. 588. 589.swore their Kings to observe before they would crowne or admit them to the government; and likewise gave them a further oath, to passe and confirme all such subsequent lawes as they should make choice of for their publike benefit and protection; as is evident by the Coronation oaths of all our own (yea of most other Christian, and some Pagan Kings) continuing to this very day; and these words in the Kings oath QUAS VULGUS ELEGERIT (which intimates the choice of Lawes to be wholly and fully in the peoples free elections) prove beyond Contradiction: Yea those ancient law-giversxxXenoph. de Laced, & Atheni…n…ium Repub. Plato & Cicero de legibus, lib. Aristol. Polit. l. 1 2, …, & 4. Diodovui… c▪ Bibl, hist. l …, 2, 3, Plut…rc, Num, Pompilius Lycurgus, S…lon. Solon, … Li…rgu…, Numa, with others, who tooke paines to compile Lawes for severall Kingdomes and Republikes, did only recommend them to the people, whose voluntary a…ent unto them made them binding; Which lawes they either altered or repealed p. 83as they saw cause. Besides, during Interrognums in sorraigne elective Kingdomes, the Estates in Parliament have power to make new binding Lawes, repeale and alter old, as they did inyyHieron. Bla… ca, Arag…nensRerum. …ommēt. p. 588, 589. Ioannis Mari…na De Rebus Hisp. l, 8. c, 1. HierPauli R…gum Aragonen: s…ri…. I…a…nes Pistorius Hispani, illustr: Tom 2 p. 849. Aragon after Sanchius his decease) before they elected a new King (whom they swore to observe the Lawes then made, before they would admit him) without any Kings assent at all, who yet give their royall assent to Lawes made in their reignes: And in our owne and other successive Kingdomes during the Kings infancy, dotage, absence, the Kingdomes and Parliaments have an absolute power (as I have already manifested) to create Regents or Lord-Protectors… to execute royall authority and give royall assents to publike acts in the Kings name and steads, without their actuall personall assents; which lawes being necessary for the Subject, shall be as firme and obligatory to King and Kingdome, as those to which they actually assent: Yea, if Kings chance to die without any heire, the Kingdome in such a case may assemble of themselves, and make binding necessary lawes without a King, and alter the very frame of government, by publike consent. Therefore the royall assent to just, necessary, publike Bills, is in truth but a formall Ceremony or complement (much like a Kings Coronation) zzCooke, 7, Report, Calvins case f. 10, 11.without which he may be, and is a lawfull King,) bestowed by the people upon Kings for their greater honour, with this limitation, that they must not deny it when they of right require it to any just or necessary law; **Cooke 7, Report f, 36, 37.not simply to make, but declare & confirm a law already made and passed by both houses (much like a Tenants aaSee Litle tons chap. of Attornment, and cooks Instit. ibid.attornment to the grant of a Reversion) And therefore Kings may neither in law, nor conscience deny it when it is necessarily demanded to any just publike Bills, unlesse they can shew good reason to the contrary, so farre as to satisfie their people why such lawes should not passe.

Tenthly, Our very lawes in many cases deny the King an absolute negative voice or power, even in matters of Prerogative, because they are contrary to his oath, and mischeivous to the Republike. This appeares most clearly in matters of Pardons, the Statutes of 2 E. 3. c. 2. 14 E. 3. c. 15. 13 R. 2. c. 1. 16 R. 2. c. 6. enact. That Charters of pardon shall not be granted for man slaughters, Roberies, Fellonies, and other Trespasse, but ONLY WHERE THE KING MAY DOE IT BY HIS OATH; (that is to say, where a man slayeth another in his owne defence, or by misadventure,) or in case, where he may doe it KEEPING AND SAVING THE OATH OF HIS CROWNE. Soe the KingbbCooke l. 7▪ f, 36, …7. 37, H. 6, 4. …rooke charter de Pardon, 24, 5, report f, 50. 51. cannot pardon nor release the repairing of a Bridge or Highway, or any such like publike charges, or any publike Nusances or offences against paenall Lawes pro bono publico, because it is contrary to the trust and confidence reposed in him for the publike good, because the republike hath an interest herein: and the pardoning of them would be mischeivous for the common good: In like manner the King ccMag. Chart. 29. 1 E, 3, c, 8. 14 E 3, c, 14. 1 R, 2, c, 3.cannot deny, delay, nor deferre Iustice, nor stay the Iudges from doing present right and justice to any of his Subjects by his Letters under his great or privy seale, because it is contrary to his oath and duty: Neither ddSee Iudge Crookes and Hutions arguments against shipmoney, & the Bookes and Statutes therein cited.can he by his absolute Prerogative, impose any the least …axe or imposition on his subjects without their common consent in Parliament; nor ee11 H. 7, f. 12. B…, Charter de Pardon, 76, 42, Ass. 5, 12, Br. Com. 15, 16.yet authorize any other to kill, beat, wound, imprison any mans person, or take away his goods, without due processe of law; Yea the very lawes and custome of the Realme deny the King any absolute negative voice even in the Parliament House in reversing erronious Iudgments, Charters, Patents, declaring what is law in difficult cases, or in proceedings and sentences against Delinquents, or in any one particular whatsoever which concernes the administration of p. 84right or common Iustice. Therefore by the selfesame reason, the very law denies him any such negative voice in refusing his royall assent to Bills of common right and Iustice; And as both Houses doe alwayes over-rule the King, not He both Houses in the one; so, by parity and congruity of reason, they ought to oversway him in the other, there being the same reason in both cases, and the one no greater an …ntrenchment upon his Prerogative than the other.

Eleventhly, This is infallibly proved by the usuall forme of our Kings answers to such Bills as they assent not to,bbMr. Ha…kwells passing Bills. p, 87. with others fore-cited. A Remonstrance of both houses, Nov. 2, 1642. p. 27. Le Roy so it a visera, The King will bee advised, or take further consideration: which is no absolute deniall, but a craving of longer time to advise upon them, and thereupon to assent to them if he can see no just cause to the contrary, or else to give satisfactory reasons why he cannot assent: Which answer were not proper, nor formall, had the King an absolute negative voyce to reiect Bills, without rendering a sufficient satisfactory reason of his refusall of them.

Twelfthly, publike Bills for the Subiects common good, are formed for the most part, by the Lords and Commons themselves, who in truth (as I have elsewhere proved) are the chiefe Law-makers, & who (asccPolit. l. 3, c, 7. Aristotle defines) know better what is good and necessary for their own benefit, then the King, their publike Minister for their good; Itaque majorum rerum potestas jure populo tribuitur, is Aristotles resolution. Therefore in passing such Bills, there is greater …eason, that both Houses should over-rule the King, then the King them. It is usuall in all inferior Counsells of State, Law, Wa…ie, of the Kings own choise, for the Counsell to over-rule the King in matters of State, Law, Warre, unlesse the king can give better reasons against, than they doe for their conclusive advise: and kings in such cases doe usually submit to their Counsells determinations, without contradiction: of which we have sundry presidents, not onelyonly in profane, butdd1 Sam. 14. 38 … 4. c, 29, 1. to 12. 2 Sam. 13 2, 3, 4, c. 19, 1. to 9. 1 Chron. 13. 1 106. 2 Chron, 30 2, 3▪ 5. 23. Esth. 1 13. to 22. Ier. 38 4. to 28, Dan. 6▪ 4. to 20.1 Sam 14:382 Sam 13:22 Sam 13:32 Sam 13:41 Chr 13:1Esth 1:13–22Jer 38:4–28Dan 6:4–20 Sacred story. Physicians in points of Physick, Lawyers of Law, Divines of Divinity, Souldiers of Warre, Pilots of Nav…gation, and so all Artists in their severall Arts, not only instruct, but over-sway their princes, without finall contradiction: This being a known received M…xime in Law; Vnicuique in sua arte peritest credendum: And shall not then the Grand Counsell of the Realme in all publike State-affaires, and Bills of Consequence, mu…h more over-rule the king, then his privie Counsell? Especially since in the Statutes of 1. H. 4. c. 6. 4. H. 4. c. 1. it is enacted to the end that the King may not be deceived in his Grants and Gifts, annuall or in fee, or in any offices by him to be made, given, or granted, HE WIL by the assent of the Lords spirituall and temporall, and at the request of the Commons BE COVNSELLED BY THE WISE MEN OF HIS COVNSEL IN THINGS TOVCHING THE ESTATE OF HIM AND HIS REALME; and that he will make no such gifts nor grants, saving to such persons as the same deserveth, and as best shall seem to the King AND HIS COVNSELL. And sith it is THE DESIRE OF ALL THE ESTATES OF THE REALM, that nothing should be so demanded of the King, he wills that all those that make any such demand contrary to this statute, shall be punished by advise of him and his Counsell, and that …ee that maketh such demand, shall never have the thing so demanded. A Law now meet to be put in execution.

Thirteenthly, If the king should have an absolute Negative Voyce, in refusing such publike Bills as are necessary and expedient for the common good and safety of his people, It would rest in the meere power and pleasure of a willfull or misadvised king, seduced by evill Counsellours, to deprive the kingdome of the principall use, benefit, p. 85and privilidges of Parliament, **Sir Tho. Smiths Comm…nwealth l. …, c, 1, 2, Brook Minshaw, Cowell, Title Parliament Vowel, Holinsh. Cambd in their Discourses of Parliaments.the making of good and wholsome laws, for the good government of the Realm▪ the removall or prevention of emergent grievances or dangers, and execution of publike Iustice on Delinquents▪ to the great perill, preiudice, if not ruine of the Realm. And ourff4, E▪ 3. c. 4. 36. E. 3. c. 10, & She Bill for Trienniall Parl. Annuall or Trienniall Parliaments should serve then to no other purpose, but to supply the king with subsidies, or keep the Wool. sacks & Benches from growing mouldy, whilst the Lords and Commons sate upon them, rather-like so many Cyphers without a …igu…e, then a Court of Parliament; if the Lawes of the Realme were in the Kings hand or breast alone, as Richard the 2. sometimes said they were, (anggGrafton, p. 401. 402, Trussell. p. 46▪ Article objected against him at his deposing) contrary to that approved resolution ofhhPol…t. l, 4. c. 8 Aristotle; whatsoever se…ms good to the major part of the Governours of the Common-wealth that is established for a law, which holds good in the Kingdome of iiHy…ronym, Blanca Arog… …ens. Rerum. Com p. 768. to 772.Aragon at this day; where the King in making publike Lawes hath no absolute negative Voyce, nor yet in summoning of Parliaments, which are constantly held at their set times every yeare or two at furthest, whether the king will or not.

Fourteenthly, God himself (the **Deut. 10. 17. 1 Tim …, 15, Rev. 17. 14, and 19. 6.Deut 10:17Rev 17:14Rev 19:6King of kings and Lord of Lord) held this a principall part of his soveraign divine prerogative; to give his people from heaven (when they needed and required it) right Iudgments, and Lawes of truth, good statutes & Commandements for their good and welfare: Neh. 9. 14. Exod. c. 19. and 20. and 21. Deut. 4. 8. to 41. and chap. 5. throughout: Neither**Ps. 34▪ 9. 10, Psa, 84. 11. Iam. 1. 5. 17. Mat. 7, 7, 8, 5, …, … 11. c 21. 22. Iohn 16. 23. 24. 1 Iohn 5. 14. 15. Isa. 65, 24, Dan, 9, 20, to 25.Ps 34:9Ps 34:10Jas 1:5Jas 1:17Matt 7:7Matt 7:8Matt 7:5Matt 7:11John 16:23John 16:241 John 5:141 John 5:15Isa 65:24 doth, will, or can he deny any Iust or necessary suite, prayer or petition that his poor servants and creatures (though but dust and ashes) ioyntly, or severally put up unto him: but most willingly grants without the least deniall, or unnecessary delay, what ever good and needfull things they require at his hands. And can or dare kings then claim a greater, an higher prerogative over their kingdomes, & subiect…, then God himselfe, the King of kings, doth overh is creatures? or arrogate to themselves an absolute Negative voice, where God himselfe (whose servants and vicegerents only kings are) neither hath nor will have any, but utterly disclaimes it? God forbid, that any such arrogant thought should ever enter into the hearts of any Christian kings, who being in truth but servants to, not absolute Lords over their kingdomes, in whom the soveraign legislative power and authority resides, must, and ought by the Lawes of God and man, rather condescend to their parliaments and kingdomes iust requests, in assenting to necessary wholsome iust Lawes,**Eracton, l. 3. c. 9. then their parliaments and kingdomes quietly submit to their uniust disassents unto them to the publike preiudice, as is cleare by 2. Sam. 8. 4. to the end. Act. 13. 36.

Finally, our Ancestors were so farre from beleeving, that our kings havean absolute negative voyce, in such Bills as these, that they have not only constrained our kings by threates, yea force of Armes, to summon and continue Parliaments, but likewise compelled them to give their Royall Assents to Magna Charta, Charta de Foresta, Confirmatio Chartarum, Articuli super Chartas, with sundry other publike statutes of Right and Iustice for the common good and subiects safety, and to ratifie them with their hands, seales Oaths, Proclamations, the Bishops solemne excommunications, yea and the Popes leaden Bulls, against their will and liking, as I have plentifully manifested in the former part: Which forced assents have beene held good in Law, to binde these kings and their successors, with this distinction, where the Lawes to which this assent was forced are convenient, necessary, or essentiall for the kingdomes welfare, the subiects iust Liberty, and such as the king by duty and oath is bound to assent to: there, if they compell the king to give his assent in case of wilfull deniall p. 86the assent is binding, and shall not be avoided by Duresse, because the King doth no more then he is obliged by Law, Oath, and Duty to condiscend to: Upon which ground, all…, E, …, …7, …2 E. 4. 7, 8. Ass… 25 43. E. 3. 12. Brook Dures. 1, 4, 10, 15▪ …7, 6, 22, Fitz. Dure…. 3. 3. 11, 12, 1…, 7 18. Tenant inforced to attorne to a grant of a reversion by imprisonment, upon a Quid juris clamat, shall never avoid this attornm…nt by Duresse; nor ankk13. E. 1. P…rque servitia 23. 37. H. 6. 14, Br Attornment. 2…. Obligation made by one taken in execution for payment of a just debt; nor the just judgment of a Iudge given by menaces, shall not be avoyded: This is cleere by Magna Charta, and other Lawes gotten at first by mmSee Math. Paris, p. 244. to 257.Duresse and Menaces from our Kings, and yet firme and binding when even thus assented to, because just and necessary; as King Henry 3. An▪ 12 22. confessed; nnSpeed, p, 597 Mat. Par. p. 305. Deniel, p. 151.Who when the Barons demanded of him the confirmation of the great Charter, and their Liberties according to his Oath upon the conclusion of the peace with Lewis; William Brewer, one of the Kings Counsell answering, that the Liberties they demanded must not be observed, because they were violently extorted, and words hereupon growing between the Barons and him, and the Arch-bishop of Canterbury kindling at it; the young King prudently closed up the whole strife with this speech; All of us have sworne to these …iberties, and that which we have sworne, ALL OF US ARE BOUND TO OBSERVE. But where the Acts to which the assent is gained, are unjust or illegall, such to which the King was not bound by Oath or duty to consent, but meerely out of necessity to avoid imminent danger of death, or other mischiefe, and where the whole Parliament was enforced as well as the King; there the acts may be avoided by Duresse, as is evident by the Statutes of 11. and 21. of R. 2. c. 12. by the Statute of 31 H. 6. c. 1, (which makes voyd all the Petitions granted by this King in a former Parliament the 29. of his Reigne, and all indictments made by Duresse, through the Rebellion, Tyranny, and Menaces of Iack Cade and his rebellious rout of Traytors) and by 39. H. 6. c. 1. 15. E. 3. stat. 2. and 17. E. 4. c. 7. Yet these enforced unjust Bills, being publike Acts, done in a legall forme, are not meerly void, but good in Law till they be repealed, and nullified by a subsequent Parliament; (as is evident by the next forecited Statutes;) even as aoo31. H. 6. c. …. 3. H. 7. c. 2. 1 E. 3▪ c. 15. stat. 2. & stat. 1, c. …. 1 …. 2, c 13. 5 R. 2. c 6, See Brooke & Astr. Title Ducesse. Marriage, Bond, or deed made by Duresse or Menace, are good in Law, and not meerly void, but voidable only upon a Plea and Tryall. And if subsequent Parliaments refuse to repeal these forced Laws, and to declare the Royall assent thereto by coertion, void or illegall, the King cannot avoid them by Duresse (because his Royall assent is a judiciall Act in open Parliament, which his oath and duty obliged him to give, and the Lawes are rather the Parliaments Act which was not forced, then his owne,) but they remaine in full vigour as if he had freely assented to them; which is most evident by the Statutes made in 10. and 11. R. 2. which though extorted from the King by Duresse, against the will and liberty of the King, and right of his Crowne, as is pretended and declared in the Statute of 21. R. 2. c. 12. yet they continued in full strength for ten yeares space or more, (during which time there were no lesse then 8. Parliaments held under this King) because these Parliaments refused to reverse them upon this pretext of Duresse; and the Parliament of 1 H. 4, c, 2, 3, 4. received and confirmed them.

From all which premises, I humbly conceive, I may infallibly conclude, That the King in passing the fore-mentioned kinde of Bills, of Common Right and Iustice for the Kingdomes, and the Subjects weale and safety, hath no absolute negative voyee, but must and ought of common right and Iustice, by vertue of his Royalloath and duty, to give his ready and free assent unto them without any tergiversati…n. And so the Parliament in their Declarations to this purpose, hath no wayes invaded nor injured his Majesties just Prerogative royall in this particular.

p. 87Nor yet those members in it eclipsed his royall grace, who have upon occasion given affirmed, the Petition of Right, the Bills for Trieniall Parliaments (which before by Law were to be annuall at least;) the continuance of this Parliament without adjournment, for the Kingdomes necessary preservation; the acts against Shipmoney, Forest-Bounds &c. (illegall new invented grievances, and oppressions not heard of in former Kings Reigns) and the Statutes for the suppression of the Star-Chamber, High Commission, Knighthood, and Bishops votes, (lately growen intollerable grivances and mischeifes to the Realme; Especially since his Majesties Reigne;) to bee no acts of**See Dr▪ …ullers late Serm▪ the last inaugura…ion day. most transcendent Grace, such as never any Prince before vouchsafed to his people, as they are daily cried up in Presse and Pulpet; but Bills of meere Common Right and Iustice, which the King by his Royall Office, Oath, Duty, in Law and Conscience ought to assent unto, and could not without apparent injustice deny to passe, when both Houses urged him thereunto; the rather because the unhappy fractions of all Parliaments, and Grievances of these Natures under his Majesties own Reign and Government, occasioned by his evill Councellers, were the sole grounds and just occasions of enacting these necessary Laws for the Subjects future security; if the sword now drawen to suppresse the Parliament, and cut these Gordians (or rather Cobwebs, as Diogenes once termed Laws) a sunder, deprive them not of their benefit, before they scarce enjoy it.

I should now here proceed, to manifest the Parliaments taking up of defensive Armes against his Majesties Malignant Army of professed Papists, Delinquents, and pillaging murthering Cavaleers, (whose grand designe is onelyonly to set up Popery and an absolute tyrannical Government over our consciences, bodies, estates) in defense of their own persons, priviledges, the Subjects Laws, Liberties, Properties, and our Protestant established Religion (devoted by Papists to eternall ruine, as we have cause to feare) to be just, lawfull, and no treason nor rebellion at all against the King, neither in point of Law nor conscience; And that the Parliaments assessing of men towards the maintenance of this necessary defensive warre, by an Ordinance of both Houses onelyonly without the Kings assent, (now wilfully absent from, and in armes against his Parliament and People) with their distraining and imprisoning of such as refuse to pay it; and their confinement and securing of dangerous Malignants, to be justifiable by Law and ancient presidents; with other particulars, not yet so fully discussed by any, as is desired. But this part being already growne somewhat large, and having lingred much longer at the Presse then I expected; I have thought it more convenient, to reserve the remainder for a future Treatise by it selfe, then to hinder the state of the present benefit, which it may receive by this, through Gods blessing, ere the other can …ee compleated; which I hope will fully un-blindfold the hood-winkt world, and either satisfie the consciences, or stop the mouthes of all who are not wilfully malicious against the Truth and Parliaments proceedings; and the Soveraigne Power of Parliaments and Kingdoms, over their Kings themselves; which I shall more copiously manifest in the Appendix.

FINIS partis secunda.