The Sovereign Power of Parliaments and Kingdoms, Text (1 of 4)

The Sovereign Power of Parliaments and Kingdoms · Text (1 of 4)

p. 1The Treachery and Disloyalty of Papists to their Soveraignes, both in Doctrine and Practise.

WHen I seriously consider the memorable Preamble of 3. Iac. ch. 4. That it is found by daily experience, that many of his Majesties Subjects who adhere in their hearts to the Popish Religion, by the infection drawne from thence, and by the wicked and divellish counsell of Iesuites, Seminaries, and other persons dangerous to the Church and State, are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty, and the Crowne of England, as they are ready to entertaine and execute any Treasonable Conspiracies and Practices, as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder, the King, Queene, Prince, Lords and Commons in the House of Parliament assembled, tending to the utter subversion of the whole State, lately undertaken by the instigation of Iesuites and Seminaries, and in advancement of their Religion by their Schollars taught and instructed by them for that purpose. With the Statutes of 35. Eliz. ch. 2. and 3. Iacob. ch. 5. which Enact: That all Popish Reeusants shall be restrained to some certaine places of abode, and confined to their private houses in the Country, and not at any time after to passe or remove above five miles from thence, under paine of forfeiting all their Lands, Goods, and Chattels, during life. That none of them shall remaine within ten miles of the City of London, nor come into the Court or house where his Majesty, or Heire apparent to the Crowne of England shall be; nor have in their owne houses, or in the hands or possession of any other at their disposition, any Armour, Gunpowder, or Munition, of what kinde soever; And all this, for the better discovering and avoyding of such Trayterous, and most dangerous Conspiracies, Treasons, Practises, and attempts, as are daily devised, and practised against our most gracious Soveraignes Person, and the Commonweale, by rebellious and trayterous Papists. And when I read in **Dated. Ianu. 10. 1606. and Febr. 22. 1603.two of King Iames his Proclamations: That those adhering to the profession of the Church of Rome, are blindly led (together with the superstition of their Religion) both unto some points of Doctrine which**Note this. cannot consist with the loyalty of Subjects towards their Prince, and oft times unto direct actions of conspiracies, and conjurations against the State wherein they live, as hath most notoriously appeared by the late most horrible and almost incredible conjuration (grounded upon points of Doctrine in that Church held and mantained, and contrived, and practised with the privity and warrant of many of the principall Priests of that profession) to blow up our children and all the three States in Parliament assembled. And when we consider the course and claime of the Sea of Rome, we have no reason to imagine, that Princes of our Religion and profession can expect any assurance long to continue, unlesse it might be assented by the mediation of other Princes Christian, that some good course might be taken (by a generall Councell, free, and lawfully called) to plucke up those rootes of dangers and jealousies which arise for cause of Religion, as well betweene Princes and Princes, as betweene them and their Subjects; and p. 2to make it manifest, that no State or Potentate, either doth or can challenge power to dispose of earthly Kingdomes, or Monarchies, or to dispence with Subjects obedience to their naturall Soveraignes; (Which was never yet attempted, much lesse effected.) And in the Booke of Thanksgiving appointed for the fifth of November, (set forth by King Iames, and the Parliaments speciall direction) this observable Prayer (somewhat altered by the now aaWho confesseth & justifieth it, in his Speech in Starchamber, Iune 14. 1637.Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the Papists) To that end strenghthen the hand of our gracious King, the Nobles and Magistrates of the Land, with Iudgement S…p justice, to cut off these workers of iniquity (the Papists) whose Religion is rebellion, whose faith is faction, whose practise is murthering of Soules and bodies, and to roote them out of the confines of this Kingdome. I cannot but stand amazed, yea utterly confounded in my selfe, at the Impudency and Treachery of those pernicious Counsellors, who in affront of all these Lawes and premises, have issued out sundry bbSee the Parliaments late Declaration.Commissions, under his Majesties hand and seale, to divers notorious Papists, not onelyonly to furnish themselves with all sorts of Armes and Munition; but likewise to meete together armed, and raise forces in the Field, to fight against the Parliament, Kingdome, and Protestant Religion, (even contrary to divers his Majesties late Printed Declarations, and Protestations, to all his loving Subjects) advanced them to places of great trust and command in his Majesties severall Armies; & procured them free accesse unto, if not places of note about his sacred person, as if they were his loyallest Subjects, his surest guard (as many now boldly stile them) and more to be confided in, then his best and greatest Councell, the Parliament; whom they most execrably revile, as Rebels, and Traytors, the more colourably to raise an Army of Papists to cut their throats, and the throat of our Protestant Religion first (as they have already done in Ireland,) and then last of all his Majesties, in case he refuse to become the Popes sworne vassall, or alter his Religion, which he hath oft protested (and we beleeve) he will never doe.

But I desire these il counsellors of the worst edition, to informe his Majesty, or any rational creature, how it is either probable, or possible, that an army of papists should secure his royall person, Crowne, Dignity, or protect the Protestant Religion, the Parliament, or its Priviledges, to all which they have shewed themselves most professed enemies. We all know that Popish RecusantsccSee King Iames his Apology against Bellarmin, Laurentius Byerlink, Opus Chro. p. 319. Deus & Rex. The Lord William Howards Sonnes la…e Booke in Defence of Papists taking the Oath of Allegiance. obstina…ely refuse to take the Oath of Supremacy, or Allegiance (some of them that tooke it, having beene excommunicated by their Priests for a reward) The summe of which Oath is,**3 Iac. c. 4.Jas 4 That they doe truly and sincerely acknowledge and professe; That the Pope hath no authority to depose the King, or to dispose of any his Kingdomes, or to authorize any foraine Prince to invade his Countries, or to discharge any his Subjects from their Allegiance to his Majesty, or to licence any of them to beare armes, or raisetumults against him, or to offer any violence or hurt to his royall Person, State, Government, Subjects. That notwithstanding any Declaration, Excommunication, or deprivation made or granted by the Pope, or any Authority derived from him, against the King, his Heires, and Successors, or any absolution from their obedience, they will beare faith and true allegiance to them, and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons, Crowne, and Dignity, by reason of any such sentence or Declaration, or otherwise. And that they doe from their hearts, abhorre, detest, abjure as impious and hereticall, this damnable Doctrine and position: (professedly maintained by English Papists, else why should the Parliament prescribe, and they absolutely refuse to take this Oath?) that Princes excommunicated p. 3or deprived by the Pope, may be deposed or murdered by their Subjects, or any other whatsoever. Will those then who refuse to take this Oath, or abjure this King-deposing, King-killing Popish Doctrine; harbouring a S…eminary Priest in their Tents, and a Pope in their hearts, prove a faithfull guard to his Majesties Person, Crowne, Kingdomes? Will those who so oft conspired the death, and attempted the murthers of Queene Elizabeth, and King Iames, onelyonly because they were Protestants, and Defenders of the Protestant Faith, now cordially protect and assist King Charles, without attempting any thing against his Crowne or Person, who hath lately made and published so many Protestations, and Declarations, that he will never imbrace, nor countenance Popery, but most resolutely Defend, and Advance the Protestant Religion; and makes this one principall motive (how truely, he taketh Heaven and Earth to witnesse) of his present taking up of Armes? Will they (thinke you) spend their lives for King and Parliament, who but few yeares since lost their lives for attempting by a traine of Gunpowder to blow up both King and Parliament? Will those secure his Majesty in his Throne, now he is actually King of England, who would have murthered him in his Cradle, ere he was Prince, to forestall him of the Crowne of England? Can those prove really royall to his Majesty and his Royall Posterity, who would have blowne up him and all his Royall House at once, even long before he had posterity? In a word (if ancient presidents will not convince us) are those who for ddSee Dr. Iones his Book of Examinations.two yeares last past or more, have beene labouring with might and maine to uncrowne his Majesty, and utterly extirpate the Protestant Religion by horrid conspiracies and force of Armes, in Ireland, and are now there acting the last Scene of this most barbarous bloudy Tragedy; likely to spend their dearest bloud in fighting for the preservation of his Majesties Crowne and the Protestant cause in England, if this onelyonly be the reall quarrell, as is speciously pretended? Or will any of that Religion, who within these three yeares, have by force of Armes, both in Catalonia, Portugall, and elsewhere, revolted from, and cast off their allegiance to their owne most Catholicke King, to set up others of the same Religion in his Tribunall for their greater advantage; put to their helping hands to establish his Majesty (the most Protestant King) in his regall Throne, admit it were really, not fictitiously indangered to be shaken by the Parliament? Certainly, if the ground of this unnatural warre be such as these ill Counsellors pretend, they would never be so farre besotted as to make choyce of such unfitting Champions as Papists, for such a designe, who are very well knowne to be the greatest enemies and malignants of all others, both to King, Kingdome, Religion, Parliament, whose joynt destructions (what ever these ill Counsellors pretend) is questionlesse the onelyonly thing really intended by the Popish party in this warre, as the proceedings in Ireland, the introducing of foraine, the raising of domestick Popish Forces, the disarming of Protestants, and Arming Papists with their Harnesse, clearely demonstrate to all whom prejudice hath not blinded.

Now that I may evidence to these pernicious Counsellors, and all the world, how dangerous, how unsafe it is to his Majesty, to the Kingdome, to put Armes into Papists hands, and make use of them to protect the Kings person, or Crowne; I shall desire them to take notice both of the Papists traiterous Doctrine, and Practise, in these three particulars they maintaine.

First, That the Pope by a meere divine right, is the sole and supreme Monarch of the p. 4whole world, and all the Kingdomes in it, to dispose of them at his pleasure, to whom and when he will, without giving any account of his actions. That all Emperours and Kings are but his vassals, deriving, and holding their Crownes from him by base unworthy services, worse then villenage; that they call, and repute them their Popes vassals, curs, packe-asses with Bels about their neckes, and use them like such, if they offend the Pope. For full proofe whereof out of their own Authours and practise, I shall refer them to Doctor eeDedicated to King Iames, printed at London 1621.Richard Crackenthorps Booke, Of the Popes temporall Monarc…y, chap. 1. p. 1. to 27. worthy any mans reading, to Iohn Bodins Commonwealth, Lib. 1. cap. 9. Bishop Iewels view of a Seditious Bull, and Doctor Iohn Whites Defence of the way to the true Church, chap. 10. p. 43.

Secondly, That the Pope alone without a Councell, may lawfully excommunicate, censure, depose both Emperours, Kings, and Princes; and dispose of their Crownes and Kingdomes unto others; That it is meete and necessary he should excommunicate and deprive all Kings, who are either Heretickes or Apostates (as they repute all protestant Princes) or oppressors of the Common-wealth: That as soone as such Princes are actually excommunicated, or notoriously knowne to be Heretickes or Apostates, their Subjects are ipso facto absolved from their governme…t, and Oathes of Allegiance whereby they were bound unto them; and may, yea ought to take up Armes against them to deprive them of their Kingdomes.

Thirdly, That such hereticall, tyrannicall, oppressing Kings may be killed, poysoned, or slaine by open force of Armes, not onelyonly lawfully, but with glory and commendations; That this is to be executed by Catholikes; and that it is not onelyonly an heroicall, but meritorious act, worthy the highest Encomiums; and a Saint-ship in the Roman Calender.

These two last propositions you may read abundantly proved by the words of Popish writers, and forty examples of severall Emperours, Kings and Princes, which Popes and Papists have excommunicated, deprived, violently assaulted and murthered, ineeDedicated to King Iames, and printed at London 1624. Doctor Iohn Whites defence of the way to the true Church, chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Pauls Crosse, March 24. 1615. pag. 11. 12. in Bishop Iewels view of a seditious Bull, in Bishop Bilsons true difference of Christian Subjection, and unchristian rebellion, part. 3. throughout: Aphorismi Doctrinae Iesuitarum: King Iames his Apology against Bellarmine, with his Answer to Cardinall Perron, and sundry printed Sermons, preached on the fifth of November, to which I shall referre the Reader. What security or protection then of his Majesties royall person, Crowne, Kingdomes, can now be expected from our popish Recusants, (infected with these trayterous principles, and branded with so many ancient, moderne, nay present Treasons and Rebellions against their Soveraignes) let the world and all wise men seriously judge; What faire quarter and brotherly assistance the Parliament, Protestants, Protestant Religion, Lawes and Liberties of the Subject are like to receive from this popish Army, the late Gunpowder Treason, the Spanish Armado, the English and French booke of Martyrs, the present proceedings in Ireland, Yorkeshire, and elsewhere, will resolve without dispute: And what peace and safety the Kingdome may expect in Church of State, whiles Popery and Papists have any armed power or being among us,ffIn his Sermon there, Mar. 24. 1615. p. 43. 44. Doctor Iohn White hath long since proclaimed at Pauls Crosse (and now we feele it by experience) in these words; Papistry can stand neither with peace nor piety; the State therefore that would have these things, hath just cause to suppresse it. Touching our peace, it hath not beene violated in our State p. 5these many yeares but by them, nor scarce in any Christian State, since Charles the Great his time, but the Pope and his ministers have had a hand in it.

All these ill advisers (to colour their close ggSee Plaine English.designe of re-establishing Popery, principally intended) can alleadge for arming Papists against Law, is; That the Parliament hath trayterously invaded the Kings Prerogatives in a high degree;Object. claimed a power and jurisdiction above his Majesty in sundry particulars; yea,Crimination. 1. usurped to its selfe a more exorbitant, unlimited, arbitrary authority in making Lawes, imposing taxes, &c. then any Parliaments challenged in former ages; to represse which insolences, and reduce the Parliament to its due limits, his Majesty is now necessitated to raise an Army, and pray in ayde of Papists, who in former ages have beene more moderate in their Parliaments, and are like to prove most cordiall and loyall to his Majesty in this service.

To answer which pretence more fully,Object. 2. though it be for the maine, most palpably false, yet (by way of admission onelyonly) I shall suppose it true, and with all possible brevity manifest; That Parliaments, Prelates, Peeres, Commons in times of Popery, have both claimed and exercised farre greater authority over our Kings and their Prerogatives, then this or any other Protestant Parliament hath done: Wherefore Papists of all others, have least cause to taxe the Parliaments proceedings, and those ill Counsellors and his Majesty small reason to imploy or trust Papists in this service.Answ. To descend to some particular heads of complaint, involved in this generall.

First, it is objected, that the Parliament and some of its hhThe observations, a …uller answer to Dr. Ferne, with others. The Remonstrance of the Lords and Commons, Novem. 2. 1642.Advocates, with its approbation, affirme; that the Parliament being the representative Body of the whole Kingdome, is in some respects of greater power and authority then the King; who though he be singulis major, yet he is, universis minor; which is contrary to the Oath of Supremacy, (wherein every Subject, **1 Eliz. ch. 1.doth utterly testifie and declare in his conscience, that the Kings highnesse is THE ONELYONLY SUPREAME GOVERNOUR of this Realme, &c. as well in all Spirituall or Ecclesiasticall causes, as Temporall:) and a kinde of unkinging his Majesty, no wayes to be indured.

To which I answer, Answ.first, that if this Doctrine be either Traytorous or Hereticall, the Papists were the first broachers of it long agoe; For Hen. de Bracton a famous English Lawyer, who writ in King Henry the third his reigne, lib. 2. cap. 16. f. 34. a. resolves thus, iiRex habet superiorem, Deum, &c. Item legem per quam factus est Rex. Item Curiam suam: viz. Comites, & Barones, quia Comites dicuntur quasi s…cii Regis, & qui habet socium habet magistrum: Et ideo si Rex fuerit sine fraeno, i. sine lege, DEBENTEI FRAENVM IMPONERE, &c.But the King hath a SUPERIOUR, to wit God: Also the Law, by which be is made a King: likewise HIS COURT; namely, the EARLES AND BARONS; because they are called Comites, as being THE KINGS FELLOWES (or companions;) and he who hath a fellow (or associate) hath a MASTER: and therefore if the King shall be without a bridle, that is, without Law, THEY OUGHT TO IMPOSE A BRIDLE ON HIM, unlesse they themselves with the King shall be without bridle; and then the Subject shall cry out and say, O Lord Iesus Christ doe thou binde their jawes with bit and bridle, &c. A cleare resolution, That the Law, with the Earles and Barons assembled in Parliament, are above the King, and ought to bridle him when he exorbitates from the Law: which he also seconds in some sort, lib. 3. cap. 9. f. 107. This Doctrine was so authenticke in those dayes, and after times, that in the great Councell of Basil. Anno 1431. when this mighty question was debated; Whether a Pope were above a generall Councell, or a Councell above him? such a Councell was at last resolved to be above the Pope, upon p. 6this reason, among others kkFox Acts & Mon. Edi. 1641 Vol. 2, p. 879, 880. Aeneas Sylvius de gestis concilii Basiliensis, & Surius conci. Tom. 4.The Pope is in the Church as a King is in his Kingdome, and for a King to be of more authority then his Kingdome, it were too absurd; Ergo, Neither ought the Pope to be above the Church. In every well ordered Kingdome, it ought specially to be desired, that the whole Realme should be of more authority then the King; which if it happened contrary, were not to be called a Kingdome, but a Tyranny. And like as oftentimes Kings, which doe wickedly governe the Common-wealth and expresse cruelty, are deprived of their Kingdomes; even so it is not to be doubted but that the Bishop of Rome may be deposed by the Church, that is to say, by the generall Councell. At the beginning (as**Lib. 2. Cicero in his Offices saith) it is certaine there was a time when as the people lived without Kings. But afterwards when Lands and Possessions beganne to be divided according to the custome of every Nation, then were Kings ordained for no other causes but onelyonly to execute justice: for when at the beginning the common people were oppressed by rich and mighty men, they ranne by and by to some good and vertuous man, which shou…d defend the poore from injury, and ordaine Lawes, whereby the rich and poore might dwe…l together. But when as yet under the rule of Kings, the poore were oftentimes oppressed, Lawes were ordained and instituted, the which should judge, neither for hatred nor favour, and give like e…re unto the poore as rich: whereby we understand and know, not only the people, but also the King to be subject to the Law. For if we do see a King to contemne and despise the Lawes, violently rob and spoile his Subjects, deflower Virgins, dishonest Matrons, and doe al things li…entiously and temerariously, doe not the Nobles of the Kingdome assemb…e together, deposing him from his Kingdome, set up another in his place, which shall sweare to rule and governe uprightly, and be obedient unto the Lawes? Verily as reason doth perswade, even so doth the use thereof also teach us: It seemeth also agreeable unto reason, that the same should be done in the Church, that is, in the Counce…l, which is done in any Kingdome. And so is this sufficiently apparent, that the Pope is subject unto the Councell; Thus the Bishop of Burgen, Ambassadour of Spaine, the Abbot of Scotland, and Thomas de Corcellis, a famous Divine, reasoned in this Councell, which voted with them. Here we have a full resolution of this great Councell (which the Papists call a generall one, beingllSurius, concil. to…. 4. p. 1. &c And Aeneas Sylvius hist. Concil. Basiliensis. approved by the Greeke and Romane Emperours, and most Christian Kings, and States, and ours among others:) That the Kingdome in Parliament Assembled, is above the King, as a Generall Councell is paramount the Pope: which they manifest by five reasons.

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

Secondly, because they were ordained onelyonly for their Kingdomes and peoples service and welfare, not their Kingdomes and people for them.

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

Fourthly, because they oblige them by a solemne Oath, to rule according, and to be obedient unto the Lawes.

Fifthly, because they have power to depose them in case they contemne the Lawes, and violently rob and spoyle their Subjects.

This then being the Doctrine of Papists concerning the Power and Superiority of Parliaments, Peeres, and Kingdomes over their Kings, they have least ground of all others, to taxe this Parliament or its Advocates, as guilty of Treason, and usurpation upon the Crowne, for a more moderate claime then this amounts to, and p. 7the King or his ill Counsell no ground to expect more moderation and loyalty from Popish then Protestant Parliaments.

Secondly, I answer, that Popish Parliaments, Peeres, and Prelates have heretofore challenged and exercised a greater Jurisdiction over their Kings, then this Parliament, or any other, since the embracing of the Protestant Religion, ever claimed; and doe in a great measure disclaime.

For, first of all, they have challenged and executed a just and legall power (as they deemed it) to depose their Kings, for not governing according to Law; for following and protecting evill Counsellours, and Officers; oppressing their Subjects, and making warre against them. This is evident, not onelyonly by the fore-mentioned passages of the Councell of Basil, with infinite presidents in foraine Empires and Kingdomes, which I pretermit, but by sundry domesticke examples of which I shall give you a short touch.mmSpe. hist. p. 207, 266, 267. Mat. West. Ann… 445. 454, &c. See Hunt. hist. l. 2. p. 320 Pol. l. 5. c. 1. Fab. p. 73. Dan p. 8. H…l. Graft. Vin. Speed hist, l 20 c. 11. & others. Anno Dom. 454. King Vortigern, when he had reigned sixe yeares space, for his negligence and evill Government (for which Vodine Arch-bishop of London told him, he had endangered both his Soule and Crowne) was deposed from his Crowne by his Subjects (the Britaines) generall consent, imprisoned, and his Sonne Vortimer chosen and crowned King in his stead; After whose untimely death (being poysoned by Rowena) Vortigern was againe restored by them to the Crowne, and at last for his notorious sinnes, by the just revenging hand of God, consumed to ashes by fire, kindled by Au…elius, and Vter, as Heavens ministers to execute its wrath. Sigebert nnSpee. hist. p. 229, Huntin. & Mat. West. An. 756. Hol. Graf. in his life.King of the West-Saxons, setting aside all Lawes and rules of true piety, wallowing in all sensuall pleasures, and using exactions and cruelties upon his Subjects, and slaying the Earle Cumbra, his most faithfull Counsellour, for admonishing him lovingly of his vicious life: the Peeres and Commons thereupon seeing their State and lives in danger, and their Lawes thus violated, assembl…d all together; and provida omnium deliberatione, rose up in Armes against him, deposed, and would acknowledge him no longer their Soveraigne, whereupon flying into the Woods, as his onelyonly safeguard, and there wandring in the day like a forlorne person, and lodging in dens and caves by night, he was slaine by Cumbra his Swin-herd, in revenge of his Masters death, and Kenwolfe made King in his stead, Anno Dom. 756.ooSpee. hist. p. 245, 246. Hunt. & Mat. West. an. 792 See Holin. Graft. & others Osred King of Northumberland, for his ill government was expelled by his Subjects, and deprived of all Kingly Authority, Anno 789. So Ethelred, (the sonne of Mollo) his next successor, being revoked from exile and restored to the Crowne, of which he was formerly deprived, thereupon murthering divers of his Nobles and Subjects to secure his Crowne, so farre offended his Subjects thereby, that An. 794. they rose up in Armes against him, and slew him at Cobre. ThusnnMatth. West. An. 158. p. 275 An. 758. the people of the kingdome of Mercia rising up against Beornerd their King, because …e governed the people not by just Lawes, but tyranny, assembled all together, as well Nobles as ignoble; and Offa, most valiant young man being their Captaine, they expelled him from the kingdome: which done, unanimi omnium consensu, by the unanimous consent of all, as well Clergy as People, they Crowned Offa a King.ooMatth. West. An. 821. Speed hist, p. 255. Ceolwulfe King of Mercia, An. 820. after one yeares Reigne, was for his mis…vernment expulsed by his people, abandoning his Crowne and Country for the …afety of his life.

ppMat. West. Hunt. Poly. Fab. Holin. Graf. An. 9…7.Ed…yn King of Mercia and Northumberland, for his Misgovernment, Tyranny, oppression, following vaine, base, wicked Counsellors, rejecting the advise of the Wisest p. 8and noblest person, was, by the unanimous consent of all his Subjects, removed from all Kingly dignity, and deposed; in whose place Edgar was elected King, An. 957. DEO DICTANTE & annuente populo. Not to m…ntion the story of qqFabian, part 2. c. 49. 40. 41. p. 30. 31. with Matth, Westin. Huntingdon, Polychronicon, Geoffry Mommoth, Hollinsh. Graf…on, Speed, and others in his life.Archigallo, one of our ancient British Kings, in times of Paganisme; Who giving himselfe to all dissention and strise, imagining causes against his Nobles, to put them from their goods and dignities, setting up ignoble persons in their places, and plucking away by sinister, wrongfull meanes from the rich their wealth and goods, by which he enriched himselfe, and impoverished his Subjects; was for these his conditions murmured against by his Subjects; who of one assent lastly tooke and deprived him of all Kingly honour and dignity, when he had Reigned almost five yeares, making his Brother Elidurus King of Britaine, by one assent, in the yeare of the world, 4915. Who after five yeares good Reigne, feigning himselfe sicke, assembled the Barons of the Land, and by his discreet words, and bearing loving carriage, Perswaded them to restore Archigallo to his former honour and regalty; and thereupon assembling a Councell of his Britaines at Yorke, caused such meanes to be made to the Commons, that in conclusion he resigned his Crowne to Archigallo: Who being thus restored to his Crowne by joynt consent of the people, remembred well the evill life that before time he had led, and the punishment hee had suffered for the same. Wherefore for eschewing the like danger, he changed all his old conditions and became a good and righteous man, ministring to the people equity and justice, and bare himselfe so nobly towards his Lords and Rulers, that he was beloved and dread of all his Subjects, and so continued during the terme of his naturall life. Nor yet to remember rrFabian, part 2. c. 46. p. 34. Geoffry Mommoth, Huntingdon, Matthew Westm. Polychron, Hollinsh. Grafton, Speed, in his life.Emerian, another old British King, who for misordering of his people was deposed by them, in the sixth yeare of his reigne, and Ydwallo promoted to the Kingdome; who taught by Emerian his punishment, behaved himselfe justly all the time of his reigne: or any more such precedents before the Conquest.

We finde thessMatth. Paris, hist. Angl. p. 264. to 280. Speed, p. 585. &c. Hollinshead Grafton, Stow, Daniel, Walsingham. Popish Barons, Prelates, and Commons, disavowing King Iohn, whom they had formerly elected King, for making warre upon them, and wasting, burning and spoyling the Kingdome like an Enemy, and electing Lewis of France for their King, to whom they did homage and fealty: There are none so ignorant but know, that the Popish Prelates, Lords and Commons in Parliament,ttWalsingham, hist. Angl. p. 398. &c. Fabian, part. 7. p. 345. Polychron. l. ult. c. 9. Hollinshead, Grafton, & Speed, p. 758 to 766. Anno 1327. deposed King Edward the second their naturall King, for his misgovernment, and following and protecting ill Counsellors, inforcing him by way of complement to resigne his Crowne, threatning else, that they would never endure him, nor any of his Children, as their Soveraigne, but disclaiming all homage and fealty, would elect some other for King not of his bloud, whom themselves should think most fit and able to defend the kingdome. After which they elected and crowned his son Edward the third for their King. That Anno 1399.uuWalsingham Hol. Fab. Speed, p. 680. to 697. King Richard the second, for sundry misdemeanours objected against him in 32. Articles in Parliament, and breach of his Coronation Oath, was judicially deposed by a Popish Parliament, by a definitive sentence of deposition given against him, which you may read at large in our Historians, and Henry the fourth elected and created King in his stead: In both which depositions the Popish Prelates were chiefe actors.xxSpeed, p. 869. 878. 879. 887. Hollinsh. Polychronicon, Fabian, Grafton, Hall, Stow, Cax…on in their lives. Anno 1462. King Henry the sixth, Queene Margaret and Prince Edward their Sonne were by a popish Parliament disinherited of their right to the Crowne; and Edward the fourth made King: after which King Henry was by another Parliament recrowned, and re-established in his kingdome, and Edward the fourth declared a Traytor and usurper of the p. 9Crowne. And not long after, Edward taking King Henry prisoner, and causing him to be murdered in the Tower, another Popish Parliament, Anno 1472. abrogated King Henries Lawes, and re-established King Edward. All this have our Popish Parliaments, Prelates, Lords and Commons formerly done, and that rightly and legally, as they then supposed; which farre transcends the highest straines of pretended incroachments on his Majesties royalties by the present Parliament.

Secondly, our Popish Parliaments, Peeres and Prelates have oft translated the Crown from the right heires, & setled it on others who had no lawful right or title to it, electing and acknowledging them for their onelyonly Soveraigne Lords; in which actions the Popish Prelates and Clergy were commonly the Ring-leaders: witnesse theiryySpeed p. 410 411▪ 425, 426▪ 404. to 407. 410. 416. 418 419. 455▪ 456. 466, 467. 548, 549, 550, 590, 591. 762. See Matthew Paris, Matth. West. Malmsbu. Hunt. Eadmerus Fabian, Walsing. Caxton, Polych. Polydor, Virgil. Hall, Graf…on, Stow, How, Hol. Hayward, Martin, Daniel, and Sir Rich. Baker in their severall lives of these King…. electing and crowning of Edward, who was illegitimate, and putting by Ethelred the right heire after Edgars decease, An. 975. Their electing and Crowning Canutus King, a meere forrainer, in opposition to Edmund the right heire to King Ethelred, Anno 1016. Of Harold and Hardiknute, both elected and crowned Kings successively without title, Edmund and Alfred the right heires being dispossessed, and the latter imprisoned a…d tortured to death, Anno 1036. and 1040. yet after Hardiknutes decease Edward (surnamed the Confessor) was chosen King by consent of Parliament. And the English Nobilities, upon the death of King Harold, enacted, That none of the Danish bloud should any more reigne over them. After this Kings death, Edgar Etheling who had best title, was rejected, and Harold elected and crowned King: so after William the Conquerors decease, Anno 1087. Robert the elder brother was pretermitted, and William Rufus the younger brother crowned and established in the Throne: After whose death Henry the first, his younger brother (though not next heire) was elected King by the Clergy, Nobles and Commons, (who refused to admit of any King but with capitulations and caveats to their owne liking) upon faire promises for reforming bad and rigorous Lawes, remission of Taxes exacted on the Subjects, and punishment of the chiefe causers of them, and a solemne Oath to frame good Lawes, and ratifie Saint Edwards Lawes; all which he really performed. So after the death of Richard the first, Iohn Earle of Morton was established and crowned King, and his Nephew Arthur, the right heire, disinherited. And he dying, his sonne Henry the third was elected and crowned, and Lewis (made King in his fathers life by the Barons) removed. The like we finde in the case of K. Henry 4. K. Edw. 4. and Richard the third, made Kings by Acts of Parliament, by our Popish Prelates and Nobles with the Commons consent, upon unlawfull or doubtfull Titles, by way of usurpation, and the right hereditary line put by. Such a transcendent power and jurisdiction as this to disinherit the right heire and transferre the Crowne to whom they thought meetest, neither the present nor any other Protestant Parliaments, Peeres or Subjects ever exercised, though Popish Parliaments, Prelates, Lords, and Commons have thus frequently done it; of which you may reade more in 25 H. 8. c. 22. 26 H. 8. c. 12. 28 H. 8. c. 7. 35 H. 8. c. 1. and other Acts hereafter cited.

Thirdly, the Lords and Commons in times of Popery have sent out Writs and summoned Parliaments in the Kings name, and forced the King to call a Parliament without and against his full consent. Thus Anno 1214.zzMat. Paris hist. p. 243. to 255. Daniel, p. 142, 143, 144. the Barons petitioned Kings Iohn to confirme Magna Charta and their Liberties tendered to him; who having heard them read, in great indignation asked; Why the Barons did not likewise demand the Kingdome? and swore, that he would never grant those Liberties whereby p. 10himselfe should be made a servant: So harsh a thing is it (writes Daniel) to a power that hath once gotten out into the wide liberty of his will, to heare againe of any reducing within his circle: not considering, how those who inherit Offices succeed in the Obligation of them, and that the most certaine meanes to preserve unto a King his kingdome, is to possesse them with the same conditions that he hath inherited them. The Barons hereupon raise a great Army at Stamford, wherein were 2000. Knights besides Esquires, constituting Robert Fitz-Walter their Generall, intituling him, the Marshall of the Army of God and holy Church; seize upon the Kings Castles: and the Londoners sending them a privie message to joyne with them, and deliver up the City to be guided by their discretion: thither they repaire, and are joyfully received under pact of their indempnity. After which they sent Letters to the Earles, Barons, and Knights throughout England, who seemed (although fainedly) to adhere to the King, exhorting them with a commination, that as they loved the indemnity of their goods and possessions, they should desert a perjured King, and that adhering faithfully to them, they should with them stand immovably, and effectually contend for the Liberties and peace of the kingdome. which if they contemned to doe, they would with Armes and Banners displayed, march against them as publike enemies, subvert their Castles, burne their houses, and edifices, and not cease to destroy their Ponds, Parkes, and Orchards: Whereupon all the Lords, Knights, and people deserting the King, who had scarce seven Knights in all left with him, confederated themselves to the Barons. The King seeing himselfe generally forsaken, counterfeits the Seales of the Bishops, and writes in their names to all Nations; that the English were all turned Apostates, and whosoever would come to invade them, he, by the Popes consent, would conferre upon them al their lands and possessions. But this devise working no effect in regard of the little credit they gave to and confidence they had in the King, the truth being knowne, all men detested such wickednesses and forgeries, and so the King fell into his owne snares; Hereupon the King fearing the Barons would take all his Castles without any obstacle, though he conceived an inexorable hatred against them in his heart, yet he craftily dissembled, that he would make peace with them for the present; ut cum furtim surrexisset, in dissipata agmina acrius se vindicaret; & qui in omnes non poterat, in singulos desaeviret. Wherefore sending William Marshall Earle of Pembroke to them, with other credible messengers, he certified them, that for the good of peace, and the exaltation and honour of his kingdome, he would gladly grant them the Lawes and Liberties they desired; commanding the Lords by the same messengers that they should provide a fit day and place, where they might meete and prosecute all these things: Who related all these things deceitfully imposed on them, without fraud to the Barons at London; who appointed the King a day to come and conferre with them in a Meade betweene Stanes and Windsor, called Running-meade; on the 15. day of Iune. Where both parties meeting at the day, and conferring, the King perceiving his forces too weake for the Barons, who were innumerable, easily granted their subscribed Lawes and Liberties without difficulty, and confirmed them with his Charter, Hand, Seale, Oath, Proclamations, and other assurances, which you shall heare anon: This meeting Daniel and others stile a Parliament (as well as that at aaMatth. Paris p 96 97. Daniel p. 85.Clarindon and other assemblies in the open field) the great Charter being therein first confirmed; which Parliament the King by force of Armes was constrained to summon. So bbMatth. Paris p. 324. 325. Daniel. p. 151. 152.Anno Dom. 1225. King Henry the third cancelling the Charter of the Forest at Oxford, pretending that he was under age when he sealed and granted it at first, and so a …llity: Hereupon the Barons confederate p. 11by Oath, and put themselves in Armes at Stamford, from whence they sent to the King, requiring him to make restitution without delay of the Liberties of the Forests lately cancelled at Oxford, otherwise they would compell him thereto with the sword; to avoyd which danger he was enforced to summon a Parliament at Northampton, where a concord was concluded on all hands, Anno 1226. and so the Parliament brake up, ccMatth. Paris p. 420. 421. 430. 451. 452. See Matth. West. Polychronicon, Fabian, Holling▪ Graf…on, Dan. p. 157. 158.Anno 1237. Henry the third incensing his Nobility and generally all his Subjects, by his entertainment of Forainers by whom he was ruled, by marrying his sister Elianor to Simon de Monfort a banished Frenchman, and his oppressions, contrary to his Oath and promise in Parl. that year, put them into a new commotion, who thereupon made a harsh Remonstrance of their grievances to him, by his brother Richard, by means whereof the King was forced to call a Parliament at London Anno 1238. whither the Lords came armed to constraine the King (if he refused) to the reformation of his courses. ddMatth. Paris, p. 938 940 941. 942. Dan. p. 177. 179.Anno 1250. King Henry is againe enforced by the Barons and 24 Peeres to call a Parliament at Oxford and at London against his will, and to assent to ordinances therein made: And Anno 1264. he was likewise constrained to call two other Parliaments at London, and to assent to the new Ordinances therein proposed, which he did onelyonly to get time and circumvent the Barons. eeWalsingh. Hist p. 70 71. See Fabian, Hollinshead, Graft▪ Speed, Daniel, in 3. & 4. E. 2.Anno Dom. 1310. and 1311. King Edward the second was in a manner constrained at the instant supplication of his Nobles to summon a Parliament, and to banish his Minion Pierce Gaveston against his will. ffWalsingham, Hist. p. 90. 91, 92, 93. Exilium Hugonis le Despenser, in Magn… Charta. part. 2. f. 50. to 57. See Hollin. Fabian, Speed, Grafton, Daniel, in 14. & 15. E. 2.In the 14. and 15. yeares of this King, the Barons raising an Army by force of Armes compelled him to summon a Parliament at Westminster, and to passe an Act for the banishment of these two great Favorites the Spensers who miscounselled and seduced him, and oppressed his people. ggHist. p. 107. 108. Ypodigm. Neustr. p. 109. 110.And in the last yeare of this Kings reigne, his Popish Prelates, Nobles, and Commons, taking him prisoner, summoned a Parliament in his name much against his will: wherein for his misgovernment, they enforced him to resigne his Crowne; deposed him, renounced their allegiance to him, and set up his sonne King Edward the third in his Throne; as you may reade at large in Walsingham, Polychronicon, Caxton, Fabian, Grafton, Hollinshead, Speed, Stow, Howes, Daniel, Mr. Fox, and others who have written the History of his life. In the yeare 1341. (the 15. of Edward the third his reigne) the Popish Lords, Prelates, and Commons in Ireland, summoned a Parliament there by their owne authority, without, and against the Kings or Deputies consents; wherein they framed divers Questions and Articles against the Kings Ministers there imployed, (which the IrishhhIn Cambd. Britan. the last English edition p. 188. Annals record at large) refusing to appeare at the Parliament there summoned by the Kings authority and Officers. I reade in the Statute of 21 R. 2. c. 12. (and our iiGrafton, Trysse…. H…l…inshead, Speed, Walshingham, in 10 & 11▪ & 21. 2.Historians have a touch of it.) That the Duke of Glocester, and the Earles of Arundel and Warwicke assembled forcibly and in great number at Harengy, and so came in such manner forcibly to the Kings Palace at Westminster, arraied in manner of marre, that the King might not then resist them without great perill of his body and destruction of his people: so that by coertion and compulsion the said Duke and Earles made the King to summon a Parliament at Westminster the morrow after the Purification of our L…dy, the eleventh yeare of his reigne: Which Parliament so begunne, the said Duke and Earles in such forcible manner continued; and in the same did give many and divers judgements, as well of death of man as otherwise, upon divers of the Kings liege people, and did give judgement of forfeitures of lands, tenements, goods, and cattels, whereof they be convict of high Treason; and also for certaine questions, which were demanded by the King touching p. 12his estate and regality, of certaine of his Iudges, then at Notingham the same yeare. And for their answers of the same, given to the King upon the same questions, the same Iustices were forejudged of their lives, and judgement given against them of forfaiting their Lands, Goods, and Chattels; and the said Duke and Earles made divers Statutes and Ordinances in that Parliament at their will, the summons whereof was made expressely against the right of the Kings Crowne, and contrary to the Liberty and Franchese of his person and Royall estate: Whereupon it was by this packed over-awed Parliament, and Act, annulled, revoked, and holden as none; as a thing done without Authority, and against the will and liberty of the King, and the right of his Crown. Yet it continued in full force for 10. yeares space, during which time there were 8 Parliaments held which would not repeale it: and by the Parliament in 1 H. 4. c. 3, 4. this Parliament of 21 R. 2. was repealed, with all the circumstances, and dependants thereof; the Parliament and Statutes of 11 R. 2. Revived, and enacted to be firmely holden and kept after the purport and effect of the same, as a thing made for the great honour and common profit of this Realme. After this in the 23 yeare of King Richard the third, when he had yeelded himselfe prisoner to Henry Duke of Lancaster; the Duke comming with him to London, sent outkkWalsin. Fab. Holinsh. Speed, Hall, Graf. Trussel, Hows, in 23 R. 2. & 1 H. 4. Fox Acts and Mon. vol. 1. edit. ult. p. 67 1, 677 summons for a Parliament to be holden the last of September, in the Kings name, (sore against his will) and enforced him first to resigne his Crowne unto him, and afterwards caused him to bee judicially and solemnely deposed by consent of all the States of the Realme in Parliament, for certaine abuses in his Government objected against him; The whole manner of which resignation, deprivation, and proceedings, you may reade at large in our Histories.

These Popish Prelates, Lords and Commons, enforcing their Kings to summon all these Parliaments, (with others which I pretermit) might seeme to have some legall colour from the ancient Law of King Alfred; who in an assembly of Parliament llHornes Myrrour of Iustices, c. 1. sect. 3. p. 10. Cookes Instit. on Lit. f. 110. and 9. Report in the Preface, Spelm. Concil. Tom. …. p. 347.Enacted this for a perpetuall Custome: That a Parliament should be called together at London TWICE EVERY YEARE, OR OFTNER, in time of Peace, to keepe the people of God from sin, that they might live in peace, and receive right by certaine usages and holy judgements And from the Statutes of 4 E. 3. c. 4. & 36 E. 3. c. 10. (backing this ancient Law) which enact: That for the maintenance of the Lawes and Statutes, and redresse of divers mischiefes and grievances which daily happen, a Parliament shall be holden EVERY YEARE ONCE, and MORE OFTEN IF NEED BE. Now these Lawes would have beene meerely voyd and ineffectual, if these Kings, who were obliged by their Coronation Oathes to observe them, refusing to call a Parliament as often as there was need, or at least once every yeare, according to the purport of these Lawes, might not be constrained by their Nobles, Prelates, people to summon them, in case they peremptorily refused to call them of their owne accords, or upon the motion or petition of their Counsell, Lords and Commons. Whereupon in the Bill newly passed this Session, for a Trienniall Parliament, for time to come, there is speciall provision made how the Parliament shall be summoned and convented by the Lords, Commons, and great Officers of the Realme, themselves, without the Kings concurrent assent, (though by his Writ and in his name) in case of his neglect or wilfull refusall to summon one within that time.

Neither is this a thing unusuall in other parts. In themmSurius tom. 1. Concil. p. 342. Generall Councell of Nice An. 363. Canon 5. it was decreed; That a Councell should be held TWICE EVERY p. 13YEARE in every Province to regulate the affaires and abuses of the Church. The nnSurius tom. 1. p. 407.Councell of Antioch, Can. 20. appoints two Councels to be held every yeare in every Province, the one the third weeke after Easter, the other upon the 15. of October: to heare and determine all Ecclesiasticall causes and controversies. And in the 1.ooSurius tom. 3. p. 488. 574, 575. 732. Tom: 2, p. 203. 675, 728. 754. 603. 605, 641, 642. 643. 892, 695. 713. 1042. 715 685. Gratian, Distirct. 18. luo Carnot. Decret. pars 4. c. 241, 243, 244, Spel. Concil. tom. 1. p. 153. Councell of Constantinople, Can. 3. The Councell of Africke, Can. 18. Pope Leo the first, in his Decretall Epistles, Epist. 4. c. 17. The Counsell of Chalcedon, Can. 19. the third Counsell of Toledo under King Reccaredus, An. 600. cap. 18. the fourth Counsell of Toledo, under King Sisenandus, An. 681. The Greeke Synods, Collected by Martin Bishop of Bracara, cap. 18. the second Counsell of Aurelia, Can. 2. the third at the same place Can. 1. and the fourth, Can. 37. the second Synod of Towres, Can. 1. the fifth Counsell of Aurelia, cap. 22. the Counsell at Hereford, under King Egfred, An. 670. in Beda's Ecclesiast. Hist. l. 4. t. 5. Pope Gregory the first in his Decretall Epistles, lib. 7. Registri, Epist. 110. the sixt Counsell of Constantinople, Can. 8. the Counsell of Antricum, Can. 7. the Counsell of Maseon, Can. 20.ppSurius tom. 3. p. 24. 4…. 42, 406, Pope Gregory the third his Decretall Epistles. The Synod of Suessons, under King Childeric, the Counsell under King Pepin, at the Palace of Vernis, An. 755. cap. 4. The Counsell of Paris, under Lewis, and Lothaire, An. 829. l. 3. cap. 11. The Counsell of Melden, An. 845. cap. 32. With sundry other Counsells, decree, that a Synod or Counsell shall be kept twice (or at the least once) every yeare, at a certaine time and place in every Province; that all Bishops and others, unlesse hindered by sicknesse, or other inevitable occasions, should be present at it, and not depart from it till all businesses were ended, and the Counsell determined, under paine of excommunication; that Kings by their mandates should not interrupt these Counsells, nor keepe backe any Members from them. And to the end they might be the more duely observed without interruption for want of a new Summons; they likewise decreed; That before the Counsels determined, they should still appoint both the day and place, when and where the next Counsell should assemble, of which every one was to take notice, and to appeare there at his perill, under paine of excommunication and other censure, without any new citation. Yea, the Great qqSurius tom. 4. p. 44.Counsell of Basil, An. 1431. Session 15. provides and decrees; That in every Province an annuall, or at least a bienniall or trienniall Counsell at farthest, shall be kept at a set time and place, where none should faile to meet under paine of forfaiting halfe their annuall Revenues; And if the Metropolitan, without lawfull impediment, should neglect to summon such Counsels at the times appointed; he should for his first default forfait the moity of his Revenues; and if within three moneths after he neglected to summon the said Counsell, then he was to be suspended from all his Offices and Benefices, and the ancientest, or most eminent Bishop in the Province in his default, or any other that by custome ought to doe it, was to supply his neglect in assembling and holding the Counsell. As it was thus in summoning Counsels, for the government of the Church, and Ecclesiasticall affaires: (many of which Counsels, as is evident byrrSee H. Spel. Cencil. tom. 1, p. 529. Sigibert, An. 528. Eadm. hist. Nonor. l. 3. p. 67. Con. Tole. 8. 12 and others Aquisgra. Conc. sub Ludovico Pio. divers Saxon, British, Spanish, French Counsels, were no other but Parliaments, wherein the King and all temporall estates assembled, and sate in Counsell as well as the Prelates and Clergie, as they did as well in generall, as in Nationall and Provinciall Counsels;) so likewise in calling Diets, Parliaments, and General Assemblies of the Estates, for setling and ordering the Civill affaires of Kingdomes. Not to mention the power of assembling the Roman Senate, residing principally in the Consuls, asssCommonw. l. 3. c. 1. Bodin proves at large.

p. 14In thettHieronymus Blanca Aragonensium Rerum comment. p. 764 &c. 688, 689. 723, 724. kingdome of Aragon in Spaine, of ancient times by an ancient statute of that Kingdome, a Parliament or generall assembly of the States was to assemble at a set time and place, once every yeare at least, and of later times by other Lawes, once every second yeare. Neither can the King of Aragon hinder or adjourne this Assembly above forty dayes at most, nor adjourne or dissolve it when met, but BY THE GENERALL CONSENT OF ALL THE COURT. And during the Interregnum, when there is no King, the Estates themselves have power to assemble and make Lawes, not onelyonly to binde themselves, but the succeeding King: As they may likewise doe in Hungary; where theuuNichol. Isth. de Rebus Vng. hist. l. 6. f. 84. 85 Grand Palatine (elected by the Estates of Hungary alwayes in their Parliament, not the King) during the Interregnum hath power to call a Parliament or generall assembly of the States of Hungary, to make obligatory Lawes, as well to succeeding Kings as to the kingdome.

**Arago Rerum Comment. p. 762 763.Hieronymus Blanca recites this Law of King Iames of Aragon, for altering their Annuall into a Bienniall Parliament. Cum in Curiis, quas Reges suis subditis celebrant, ea quae sunt ad conservationem pacis, ac justitiae, & Statum pacificum Regni, & Regimen subditorum, & ad tuitionem & augmentum Reipub: ordinent & disponant: Nos Jacobus Dei Gratia Aragonum Rex, Licet jam per illustrissimum Dominum Regem Petrum, recolendae memo…iae patrem nostrum, statutum fuisset in favorem Aragonensium; Quod ipse & sui Successores QUOLIBET ANNO eis euriam celebraret in Civitate Caesar-Augustae, quod etiam statutum fuit per Dominum Regem Alfonsum clarae memoriae fratrem nos…rum, & per nos postmodum confirmatum. Nunc vero attendentes ad Communem utilitatem totius Regni Aragonum, quia loca ubi Curiae celebrantur, propter congregationem gentium magnum suscipiant incrementum; DE VOLUNTATE & ASSENSU Praelatorum, Religiosorum, Baronum, Mesnaderiorum, Militum, & Procuratorum Civitatum, Villarum, & Villariorum Aragonum, in hac Curia congregatorum: Statuimus, & perpetuo ordinamus, Quod de caetero nos & successores nostri faciamus, & celebremus Curiam generalem Aragonum DE BIENNIO IN BIENNIUM, in Festo omnium Sanctorum, in quacunque Civitate, V…lla, vel Villario Aragonum, ubi nobis, & successoribus nostris melius fuerit visum expedire; non obstantibus statuto & ordinationibus praelibatis. In aliis vero, Privilegio generali Aragonum, & Foris per nos jam editis, in suo robore duraturis. Et haec Iuramus per nos & successores nostros perpetuo observare. Et Praelati & Religiosi, qui in dicta Curia erant, haec firmarunt, & Barones, Mesnadarii, Milites, & Procuratores Civitatum, Villarum, & Villariorum similiter Iurarunt. Which Law was afterwards somewhat altered, restraining these Parliaments to some Townes of great Receit. And concerning the forme of their Parliaments and their Kings power to adjourne them, or not adjourne them, he writes thus. In Comitiis Respub: nostra quasi integrum quoddam fingitur corpus: cujus caput, censetur Rex: truncus vero corporis, ac membra in eo locata, ipsi Ordines; Iustitia autem Aragonum, collum, quod utrumque conjungit, & corporis, & eapitis faucibus adhaerescit. Ad nostra igitur comitia hi quatuor Ordines evocandi sunt. Evocantur autem singulatim per literas, quas apellamus, las Cartas dellamamiento. In his a Regibus proponitu… ratio consilii, quo ductus Comitia habenda decreverit; tum ipsorum Comitiorum dicitur dies, ac opportunus designatur locus. De eujus mutatione, anfieri possit, ab eodem Molino haec traduntur. Si in aliquo loco sunt semel convocatae Curiae generales, & inceptae, NON POTEST ILLAS MUTARE seu continuare dominus Rex ad p. 15alium locum Regni, NISI TOTA CURIA GENERALI CONSENTIENTE. Et idem paulo post. Tamen si Curiae generales nondum sunt integre congregatae, seu inceptae; tunc Dominus Rex, etiam sine Curia potest illas mandare continuari ad alium locum sibi bene visum. Et ista continuatio fiet per justitiam Aragonum, seu ejus Lo…um tenentem. Quibus poterit Dominus Rex mandare, quod illas continuent ad locum domino Regi bene visum. Ius est autem; Ne comitia nostra ultra quadraginta dies possunt differri.

**Andrew Favine his Theatre of Honour. l. 2. c. 12. p. 175. 176.The Estates and Parliaments generall of France, under the Kings of the second Line, met and held but twice in the yeare only, according to the Testimony of Hincmarus Archbishop of Reimes, drawne from the Narration of the Abbot of Corbie Alard, who lived in the time of Charlemayne; under the Reigne of King Lewis, called Sanctus, when France was in her flourishing Estate, and the Princes and Lords were of souple nature, ranking with the termes of duty and obedience, the Parliaments were ruled and assured at certaine seasons of the yeare. For in times of Peace foure Parliaments were holden yearely, or three at the least. And the same was used under the Reigne of his Sonne Philip the Hardy, Third of the name. In the time of Philip de Bel. his Sonne, King of France and Navarre, they were reduced to two Parliaments yearely according to the ancient custome; One in Winter, and the other in Summer during Peace; and but one in Winter during Warre. (It appeareth neverthelesse by the Registers of the Court, that by hinderance of warre against the Rebellious Flemmings, there was not any Parliament during some yeares;) And the King by his Ordinance, dated the Munday after Mid-lent, An. 1302. (set downe in the Register of ancient Orders of Parliament, fol. 45.) Willed, that for the commodity of his Subjects there should be every yeare two Parliaments at Paris, and in other Provinces; as Andrew Favin Records: By which it is apparent, that Parliaments in France, Spaine, and other kingdomes, were not arbitrarily called at the Kings free pleasures as seldome as they pleased, but frequently summoned every yeare, once, twice, or more, at certaine seasons, publike Acts of Parliament, for the better government of these Realmes, redresse of grievances, and preservation of the peoples Liberties against all royall encroachments on them.

In Germany, though Diets and Assemblies of the States be commonly made by the Emperours, and in their names; yet, we find that the Princes Electors, and Estates have assembled, not onelyonly without, but against the Emperours consents, when they saw good cause; and not onelyonly questioned, but deposed their Emperours, and elected new in their steads, of which there are sundry precedents in the lives ofxxSee Orimston, Aventinus, Naucl. Munster, Sabelli. Vsperg. Otho Frisingen. Herm. Schedel, Anton. Opinco…. Mat. Par. Mat. West. Walsing. & others in their lives and histories. Ludovicus pius, Henry the 1, 4, 5, 6, 7. Frederickes Barbarossa, Charles the Grosse, Winceslaus, Philip, Otho the fourth, Ludovicus Bavarus, and others. In this regard therefore of forcing Kings to summon Parliaments (so frequent with Popish Prelates, Peeres, Subjects, both in our owne and other Realmes) our present Protestant Parliament, and all others, since the Reformation, have beene more moderate and dutifull, then those in times of Popery heretofore; or then the Popish Rebels in Ireland are now;yySee their 35 Articles made at their general Assembly at Kilkenny 1642 who have lately at Kilkenny held a kinde of Parliament, erected new Lawes, and Officers of Iustice, enacted new Lawes and Ordinances, as well Civill and criminall as Martiall, and done as much herein without the Kings assent or Commission, as our King and Parliament could doe, if conjoyned.

Fourthly, Our Popish Barons, Prelates and Commons, have refused to meete in Parliament p. 16when the King hath summoned them by his Writ. zzMat. Paris, an. 1233. p. 344 473. &c. Speed hist. p. 607. to 613, Daniel p. 154, 155.An. Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford, (where the King now resides;) but they all joyntly sent him an expresse message that they would not come upon his summons, for that the Kings person went guarded with Poictovines, and other strangers, who swayed and miscounselled him (as ill Counsellors doe now the King) so as they could not there appeare with safety: at which message the King grew very angry, resolving that they should be once, twice and thrice summoned to appeare: Whereupon Roger Bacon, who usually preached before the King, freely told him, That if he did not remove from him Peter Bishop of Winchestor, and Peter de Rivallis (his malignant Counsellors) he could never be quiet: And Roger Bacon a Clergy man also of a pleasant wit, seconding Roberts advise, told the King, that Petrae and Rupes were most dangerous things at Sea, alluding to the Bishops name, Petrus de Rupibus. The King hereupon comming a little to himselfe, and taking that good advise of**Who now give the King no such good advice Schollers which he would not of his Peeres, summons another Parliament to be holden at Westminster, giving the world to know withall, that his purpose was, to amend by their advise whatsoever was to be amended. But the Barons considering, that still there arrived more and more strangers, men of warre, with Horse and Armes (as now alas we see they doe) and not trusting the Peictovine Faith (as we have now cause to mistrust the perfidious papists, and malignant Cavaliers) and seeing no footsteps of peace (our present condition) refused to come at the appointed day; sending the King word by solemne Messengers, that he should without any delay remove Peter Bishop of Winchester, and the other Poictovines out of his Court, which if he refu…ed, they all of them by the common consent of the whole kingdome, would drive him, with his wicked Counsellors, out of the Kingdome, and consult about creating a new King. These things thus acted, the King was much dejected in mind, and all his Court too, hanging downe their heads, and fearing not a little, lest the errors of the Sonne should become worse then the Fathers errors, whom his Subjects indeavouring to depose from his Royall Throne, almost detruded him to that name, which was given him by a certaine presage; Iohn the Banished: Wherefore he could easily have beene drawne to redeeme the love of his naturall Liegemen, with the disgrace of a few strangers.

But the Bishop of Winchester, with other his ill Counsellors, and Poictovine Cavaliers, counselled him to take up Armes against his rebellious Subjects, as they stiled them, and to give their Castles and Lands to them, who would defend him and the kingdome of England from these Traytors, (The Counsell now given to his Majesty, by his ill Counsellours and Cavaliers:) hereupon the King inclining to the worser part, raiseth an Army of Poictovine, & foraine Souldiers, which came to him being sent for out of Flanders, (from whence the King now hath many old Souldiers, and Commanders sent him) seiseth a Manour of Guilbert Bassets, a Noble man, given him by King Iohn, calling him Traytor when he demanded it; sets downe a day, wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty; and being at Glocester with his Army,) whither the Lords refused to come, being required, (the King thereupon, as if they were Traytors, burnes their Manors, destroyes their Parkes and Ponds, besiegeth their Castles, and without the judgement of his Court, and of their Peeres, denounceth them exiles and banished men, gives their Lands to the Poictovines, and adding griefe to griefe, wound to wound, commanded their bodies p. 17to be apprehended where ever they were within the kingdom: he likewise sends a defiance to the Earle Marshall, whose Lands he had wasted, who thereupon understood himselfe discharged of that obligation by which he was tyed to the King, and free to make his defence; Whereupon, he seeing neither**Note. Faith, nor Oath, nor Peace to be kept by the King, or his ill Counsellours, who contrary to their promise and Oath, refused to deliver up his Castle, which they promised to render to him, upon demand; he raiseth a great Army, and takes his Castle. On this the King upon better consideration, did againe promise and affirme; That by advise of his great Councell, all that was amisse should be rectified and amended; And at the day and place appointed, he holds a great conference with the Lords; But the evill Counsellers he followed, suffered him not to make good his promise. For when divers there present, greatly in the Kings favour, with sundry Preachers and Fryers, whom the King was wont to reverence and hearken to, Humbly beseeched, and earnestly exhorted the King to make peace with his Barons and Nobles, and to embrace them with due affection,The Parliaments present case. being his naturall Subjects, whom without any judgement by their Peeres he had banished, destroying their Manours, Woods, Parkes, Ponds; and being led and seduced by evill Counsels, lesse regarded his faithfull Subjects, (whose native blood would not permit them to bow downe) than Forainers; and which is worse, called them Traytors, by whom he ought to settle the peace, order the Counsels, and dispose the affaires of his kingdome: The Bishop of Winchester (offended it seemes at Peeres) takes the word out of the Kings mouth, and answers; That there are not Peeres in England, as in the Realme of France; and that therefore the King of England, by such Iusticiars as himselfe pleaseth to ordaine, may banish any offenders out of the Realme, and by judiciall processe condemne them. Which insolent speech the English Bishops relished so harshly, that they presently with one voyce threatned to accurse and excommunicate by name the Kings principall wicked Counsellers; of whom Winchester being the foreman, appealed; whereupon they accursed (and I would our Bishops would doe so now, if the God-dam-me Cavaliers accurse not themselves sufficiently) all such as alienated the heart of the King from his Subjects, and all others that perturbed the peace of the Realme; and so the hoped Accomodation vanished into greater discontents. Hereupon the Earle Marshall and other Lords with their Forces, fell pell mell upon the Kings Army, slew divers of his Forrainers; and in conclusion drew him to such straits, that enforced him to be capable of better advise: Then Edmund Arch-Bishop of Canterbury elect, with other suffragan Bishops, bewailing the estate of the kingdome, presented themselves before the King at Westminster, telling him as his loyall liegeman (and O that some Bishop or faithfull person, if there be any such about his Majesty, would now deale thus clearely with him, touching his evill Counsellors!) That the Counsell of Peter Bishop of Winchester, and his complices, which now he had and used, was not sound nor safe, but evill and dangerous to himselfe and his Realme: First, for that they hated and despised the English, calling them Traytors, turning the Kings heart from the love of the people, and the hearts of the people from him, as in the Earle Marshall, whom (being one of the worthiest men of the Land) by sowing false tales they drave into discontentment. Secondly, that by the Counsell of the said Peter, his Father King Iohn, first lost the hearts of his people, then Normandy, then other lands, and finally wasted all his treasure, and almost England also, and never after p. 18had quiet. Thirdly, that if the Subjects had now beene handled according to Justice and law, & not by their ungodly Counsels, these present troubles had not hapned, but the Kings lands had remained undestroyed, his treasure unexhausted. Fourthly, that the Kings Councell is not the Councell of peace but of perturbation, because they that cannot raise themselves by peace, must raise themselves by the troubles & dis-inherison of others. Fifthly, that they had the Treasure, Castles, Wardships, and strength of the kingdome in their hands, which they insolently abused, to the great hazard of the whole estate, for that they made no conscience of an Oath, Law, Justice, or the Churches censures. Therefore we, O King, speake of these things faithfully unto you, in the presence of God and man, and doe counsell, beseech and admonish you, to remove such a Councell from about you; and (as it is the usage in other Realmes) governe yours by the faithfull and sworne children thereof. To which the King in briefe answered; That he could not suddainely put off his Councell, and therefore prayed a short respite.**Speed lbid. Nothing had hitherto preserved the King more, Than that he could without griefe forgoe any favorites, if he were nearely pressed; the contrary quality whereof hath beene the cause of finall desolation to so many Princes. For though choyce of Counsellers be for the most part free, yet by common intendment they should be good; or how ever they are, or are not; it is madnesse to hazard a Crowne, or lose the love of a whole Nation, rather than to relinquish or diminish a particular dependance, for which the publique must not be hazarded, nor subverted; The King therefore, in this point not infortunate, commands Bishop Peter from his Court, to keepe residence at his Cure, without once medling in State affaires, removes all his evill Counsellors, deprives them of their Offices, and puts good men in their places, and commands all Poictovians and Foraine Forces to depart the Realme, receives all his Nobles unto favour, restoring them to their lost Offices, Lands, Castles, admits them into his Court and Councell; puts all his ill Counsellours, and Delinquent Officers to their legall trials and fines. And for Peter Rivales, his Treasurer, he was so incensed against him for his ill Counsell, that he sware he would plucke out his eyes, were it not for reverence of his holy Orders. And at his Arraignment at Westminster the King sitting in person with his Justices upon the Bench, and shooting Rivales through with an angry eye, spake thus to him. O thou Traytor, by thy wicked advise, I was drawne to set my Seale to those Treacherous Letters, for the destruction of the Earle Marshall, the contents whereof were to me unknowne; and by thine and such like Counsell, I banished my naturall Subjects, and turned their mindes and hearts from me. By thy bad counsell and thy complices, I was moved to make warre upon them to my irreparable losse, and the dishonour of my Realme, in which enterprise I wasted my Treasure, and lost many worthy persons, together with much of my Royall respect. Therefore, I exact of thee an accompt, and thou shalt be carryed to the Tower of London, to deliberate till I am satisfied. And thus were these civill warres and differences reconciled, ill Counsellors removed, enormities reformed, Delinquents punished, (not without reducing store of coyne to the King) and peace established in the kingdome. Which History, I have more largely recited, because most of its passages are Parallel to the Kings, and his evill Counsellors present proceedings, on the one hand, and to the Parliaments in some sort, on the other hand in the premises; and I p. 19doubt not but they will prove parallels in the conclusion, to the terrour and just punishment of all ill counsellors, Cavalieres, and Delinquents, the contentment of all good Subjects joy, and re-establishment of our peace in truth and righteousnesse.

To end the point proposed;**Walsing. Hist. p. 84. 44. & Ypod. Neust. p. 101. Anno Dom. 1315. King Edward the second by his Writ summoned a Parliament at London; But many of the Lords refused to come, pretending causes and impediments, by which their absence might well be excused, and so this Parliament tooke no effect, and nothing was done therein. In this particular then Popish Prelates, Lords and Commons, have exceeded Protestants in this, or any other Parliament.

Fifthly, Popish Parliaments, Prelates, Lords and Subjects have by Force of Armes compelled their Kings to grant and confirme their Lawes, Liberties, Charters, Priviledges, with their Seales, Oathes, Proclamations, the Popes Buls, Prelates Excommunications; and to passe, confirme, or repeale Acts of Parliament against their wils. Thus the Barons, Prelates, and Commons, by open warre and Armes enforced bothaaMat. Pa. An. 1214, 1215. p. 240 to 256. … Matth. West. & Walsingh. Ypod. Neust An. 1214 1215. Fabian, Caxton, Hollin. Grafton, Daniel in the life of K. John & Hen. 3. Speed, Hist p. 578. to 637. King Iohn, and King Henry the third, to confirme Magna Charta, and Charta de Foresta (both in and out of Parliament) sundry times with their hands, Seales, Oathes, Proclamations, and their Bishops Excommunications, taking a solemne Oath one after another at Saint Edmonds, upon the High Altar, 1214. That if King John should refuse to grant these Lawes and Liberties, they would wage warre against him so long, and withdraw themselves from their Allegiance to him, untill he should confirme to them by a Charter ratified with his Scale, all things which they required: And that if the King should afterwards peradventure recede from his owne Oath, as they verily beleeved he would, by reason of his double dealing, they would forthwith, by seizing on his Castles, compell him to give satisfaction; Which they accordingly performed, as our Histories at large relate. Yea, when they had enforced KingbbMatth. Par. p 252. Sp. Hol. accordingly. Iohn thus to ratifie these Charters, for the better maintenance of them, they elected 25. Barons to be the Conservators of their Priviledges, who by the Kings appointment (though much against his liking, as afterwards appeared) tooke an Oath upon their Soules, that with all diligence they would observe these Charters, & Regem cogerent; and would COMPELL THE KING, if he should chance to repent, to observe them; All the rest of the Lords and Barons, then likewise taking another Oath, to obey the commands of the 25. Barons.

After thisccMatth. Per. An. 1258. p. 9. 940, 941. Mat. Westmin. 1258. Walsingh. Ypod. Neustr. p. 61. Sp. p 635. Hol. Grafton, Daniel, Polychron. Anno Dom. 1258. King Henry the third summoned a Parliament at Oxford, whither the Lords came armed with great Troopes of men for feare of the Poictovines, to prevent treachery and civill warres, and the Kings bringing in of Foraine force, against his naturall Subjects; to which end they caused the Sea-ports to be shut up, and guarded. The Parliament being begun, the Lords propounded sundry Articles to the King, which they had immutably resolved on, to which they required his assent. The chiefe points whereof were these: That the King should firmely keepe and conserve the Charter and Liberties of England, which King John his Father made, granted, and ratified with an Oath, and which himselfe had so often granted, and sworn to maintaine inviolable, and caused all the infringers of it, to be horribly excommunicated by all the Bishops of England, in his owne presence, and of all his Barons; and himselfe was one of the Excommunicators. That such a one should be made their Chiefe Iustice, who would judge according to Right, without respect to poore or rich. With other things concerning the kingdome, to the common utility, peace, and honour of the King and kingdome. p. 20To these their necessary Counsels and provisions, they did frequently, and most constantly, by way of advice, desire the King to condescend, swearing and giving their mutuall Faith and hands one to another; That they would not desist to prosecute their purpose, neither for losse of money or Lands, nor love, nor hate; no nor yet for life or death of them or theirs; till they had cleared England (to which they and their forefathers were borne) from upstarts and aliens, and procured laudable Lawes. The King hearing this, and that they came exquisitely armed that so he and his aliens might be enforced, if they would not willingly assent, tooke his corporall Oath (and his Sonne Prince Edward also) that he would submit to their Counsels, and all those their Ordinances, for feare of perpetuall imprisonment; The Lords having by an Edict, threatned death to all that resisted: Which done, all the Peeres and Prelates took their Oath; To be faithfull to this their Ordinance; and made all who would abide in the Kingdome, to swear they would stand to the triall of their Peeres; the Arch-Bishops and Bishops solemnely accursing all that should rebell against it. And Richard King of Romans, the Kings younger brother comming soone after into England to visit the King and his own Lands, theddMatth. Par. p. 952, 953. Speed, p. 636. Barons enforced him (according to his promise sent them in writing before his arrivall) to take this Oath, as soone as he landed, in the Chapter-house at Canterbury. Hear all men that I Richard Earle of Cornewal, swear upon the holy Gospels, to be faithfull and forward to reforme with you the Kingdome of England, hitherto by the Counsell of wicked men so much deformed. And I will be an effectuall coadjutor to expell the Rebels and troublers of the Realm from out of the same. This Oath will I observe under paine to forfeit all my Lands I have in England.

To such a high straine as this, did these Popish Parliaments, Prelates, Peeres, and Commons scrue up their jurisdictions, to preserve themselves and the kingdome from slavery and desolation; whom Matthew Paris his continuer, for this service stiles,eeHistor. Angliae, p. 953. Angliae Reipublicae Zelatores: the Zelots of the English Republicke. Neither is this their example singular, but backed with other precedents. In the second and third yeares of King Edward the second,ffWalsingh. Ypod. Neust. An. 1309, 1310. Hist. Ang. p. 70. 1077. S. p. 608. &c. with Hol. Stow, Grafton, How, Daniel, & others. Fox. Act. & Mon. vol. 1. Ed ult. p. 4 so, 481. Piers Gaves…on his great, proud, insolent, covetous, unworthy Favorite, miscounselling and seducing the young King, (from whom he had been banished by his Father) & swaying all things at his pleasure, the Peers and Nobles of the Realme, seeing themselves contemned, and that foraine upstart preferred before them all, came to the King, and humbly entreated him, That he would manage the Affaires of his Kingdome, by the Counsels of his Barons, by whom he might not onelyonly become more cautious, but more safe from incumbent dangers; the King Voce tenus, consented to them, and at their instance summoned a Parliament at London, to which he commanded all that ought to be present, to repaire. Where, upon serious debate, they earnestly demanded of the King, free liberty for the Barons to compose certaine Articles profitable to himselfe, to his kingdome, and to the Church of England: The King imagining that they would order Piers to be banished, a long time denied to grant their demand, but at last, at the importunate instance of them all, he gave his assent, and swore he would ratifie, and observe what ever the Nobles should ordaine: The Articles being drawne up, and agreed by common consent, they propounded them to the King; and by their importunity, much against his well-liking, caused him to ratifie them with his Seale, and to take his corporall Oath, to observe them: Which done, the Arch-bishop of Canterbury with his Suffragans, solemnely denounced a sentence of excommunication against al who should contradict these Articles; which they caused to be openly read in Pauls Church London, in the presence of the Prelates, Lords and p. 21Commons of the whole kingdom, the King being present; Among which Articles they demanded; That Magna Charta, with other provisions necessary to the Church and Realme, should be observed, that the King as his Father had commanded, should thrust al Strangers out of his Court and kingdome, and remove ill Counsellours from him: That he would thenceforth order all the affaires of the kingdome by the Counsel of the Clergy and Lords; and begin no war, nor depart any where out of the kingdome without common consent. The King consented to the Articles, and banished Piers into Ireland. No**Note the credit of Princes Regal promises and Protestations. sooner was the Parliament dissolved, but the King neglecting his Fathers solemne adjurations, together with his owne Oath, never to reduce Piers, sends for him back to his Court, marrieth him to the Countesse of Glocester, his owne sisters daughter, sheweth him more favour then ever; Resolving with himselfe to retaine this Gaveston, mangre all his Earles, Barons, and for the love of him, to put his Crowne and life in perill, when time should serve: In which, whether the King or his Favourite shewed lesse discretion, it is not at the first easily determined; it being as unsafe for the one with so offensive behavior to affect immoderate shew and use of grace, as for the other, to the injury of his name and Realme, to bestow the same. But upon the Queenes complaint to the King of France her Brother, of Piers his insolence and prodigality, and on the Barons message to the King by common consent; That he should banish Piers from his company, and observe the effect of the foresaid Articles, or else they would certainly rise up against him as a perjured person by a like vow (which speech seemed hard to the King, because he knew not how to want Piers, but yet discerned that more danger would spring up if he obeyed not the Lords Petition;) Piers rather by the Kings permission, then good liking, did the third time abjure the Realme with this proviso; that if at any time afterward he were taken in England, he should be forthwith put to death as a perilous enemy to the Kingdome: yet he returning in Christmas to the King at Yorke, the Lords spirituall and temporall, to preserve the Liberties of the Church, the kingdom, and remove this Viper, elected Tho. Earle of Lancaster for their Generall, and sent honorable messengers to the King, requesting him, to deliver Piersinto their hands, or drive him from his company out of England, as being perswaded, while that King-bane breathed, peace could never be maintained in the Realme, nor the King abound intreasure, nor the Queene enjoy his love. But the wilfull King would not condescend. Whereupon the Lords thus contemned and deluded, presently raise an Army, and march with all speed towards Newcastle, not to offer injury, or molestation to the King, writes Walsingham, (the case and purpose of the pre…ent Parliaments Army) but that they might apprehend Piers himselfe, and judge him according to the Laws enacted. Which when the King heard, he fled together with Piers to Tynemouth, and from thence to Scarborough Castle. Where Piers was forced to yeeld himselfe, upon condition to speake but once more with the king. And then carried to Warwick Castle, where he had his head strucke off, at the command, and in the presence of the Earles of Lancaster, Warwicke, and Hereford; as one who had beene a subverter of the Lawes, and an open Traytor to the kingdome, and that without any judiciall proceedings or triall of his Peeres, though an Earle, and so deare a Favorite of the Kings. Which bred a lasting hatred betweene the King and his Nobles: Who being afterwards charged by the King in Parliament with their contempt against him, in the spoiles committed by them at Newcastle, and wickedly killing Piers: they stoutly answered, That they had not offended in any point, but deserved his royall favour, for that they had not gathered force against him, but against the publike enemy of the Realme: And then obtained an Act of Pardon that no man should be questioned for Gavestons returne or death, printed in oldggTotles Magna Charta, part. 2. f. 50. to 57. Magna Charta.

Not long after, this unfortunate King doting upon the twohhWalsin. Hist. p. 90. to 110. Ypod. Neust. p. 195. to 111. Speeds Hist. p. 674. to 683. See Fabian, Hollin. Graf. Thomas de la More, Higden, Caxt…n, Daniel, in his life. Spencers as much p. 22as ever he did on Gaves…on, to whom they succeeded, not onelyonly in pride, rapine, oppression and intolerable in…olencies, but even in height of familiarity and power with the King. So as they ruled and lead the King as they pleased, in so much that no Earle, Baron, or Bishop was able to dispatch any thing in Court without their advise and favour, which made them generally envied of all, because they domineered over all. The Lords and Barons hereupon, confederated together to live and die for justice, and to their power to destroy the Traytors of the Realme, especially the two Spencers: And meeting together with their forces at Shirborne, Thomas of Lancaster being their Captaine; they tooke an oath to prosecute their designe to the division of soule and body: Then they spoyled these Spencers and their friends goods, take their Castles by violence, waste their Manors through malice, slay their servants, utterly omitting the usuall wayes of Law and equity, and following the impetuousnesse of their minds they march on to Saint Albons with Ensignes displayed, and sent solemne messengers to the King then at London, commanding him, not onelyonly to rid his Court, but kingdome too, of the Traytors of the Realme, the Spencers, condemned in many Articles (which they had framed against them) by the Commonalty of the Realme, if he loved the peace of the Kingdome. And they further required the King to grant letters Patents of indempnity, to themselves and all such as had bore armes in their company, that they should not be punished by the King or any other for their forepast or present transgressions. The King denyed both these demands at first, as unjust and illegall; swearing, that he would not violate his Coronation Oath, in granting such a pardon to contemptuous Delinquents. Whereupon running to their armes, they marched up to London, entred the City, and to avoyd danger, the King (through the Queenes and others mediation) condescended to their desires, passing an Act for the Spencers banishment, and the Barons indemnities; which you may reade in ancient hhPart. 2 f. 50.Magna Chartaes. Upon this the Barons departed, neither merry nor secure, despairing of the Kings Benevolence; which made them goe alwayes armed, and to retire to safe places. The King soone after, recalling the Spencers, reversed the sentence against them as erroneous, gathers an Army, encounters and defeates the Barons, and puts many of them to death by these Spencers procurements; who not content with their bloud, procured also the confiscation of their goods and inheritances: Whereupon getting into greater favour and power then before, puffed up with their good successe and new honours, they discontented not onelyonly the Nobles, but Queene too; who going over into France with her sonne, the Prince, (whose lives these favorites attempted) She raised an Army beyond the Seas, and returning with it into England, most of the Lords and Commons resorted to her, and fell off from the King: who being destitute of friends and meanes, demanded assistance of the City of London, whose answer was; That they would honour with all duty the King, the Queene and Prince, but would shut their gates against Foreiners and Traytors to the Realme, and with all their power withstand them. And under the name of Iohn of Eltham the Kings second sonne, whom they proclaimed Custos of the City & of the Land, they got the Tower of London into their possession, placing and displacing the Garrison and Officers therein as they pleased. The King hereupon (after he had commanded all men to destroy, and kill the Queenes partakers, none excepted but her selfe, her sonne, and the Earle of Kent, and that none upon paine of death, and losse of all that they might lose, should aide or assist them, and that he should have a 1000. l. who did bring the Lord Mortimers head) f…ies to Bristol, in the Castle whereof p. 23the elder Spen…er was taken by the Queenes Forces, and without any formall tryall, cruelly cut up alive, and quartered; being first at the clamours of the people, … and hanged in his proper armour upon the common Gallowes without the City: After which the King forsaken of all his Subjects flies into Wales for shelter, where he was taken prisoner, and then by his Lords and Parliament forced to resigne his Crowne to his son, confessing, That for his many sins he was fallen into this calamity, and therefore …ad the lesse cause to take it grievously: That he much sorrowed for this; that the people of the kingdome were so exasperated against him, that they should utterly abharre his any longer rule and Soveraignty, and therefore he besought all there present to forgive and spare him being so afflicted: Soone after he was murthered in Ba…kly Castle: And so the sicknesse, and wounds which the Common-wealth sustained by his ill raigne, upon the change of her Physitian, recovered not onelyonly health and strength, but beauty also and ornament, writes Iohn Speed.

After all thisiiWalsingham hist Ang. p. 349 to 400 Ypodig. Neustr. p. 144. to 158. Speed. Hist. … p 747. to 762 Hollinsh. Grafton, Stow, Fabian, Caxton, Trussell, and others. King Richard the second in the ninth yeare of his reigne summoned a Parliament, wherein Michael de la Pole Earle of Suffolke, for cheating the King was put from his Lord Chancellorship of England by the Parliament, and the Seal… taken from him against the Kings will, and given to Thomas Arundell Bishop of Ely; Whereupon both the Houses gave halfe a tenth and halfe a fifteene, to be disposed of as the Lords thought fit, for the defence of the Realme. The Parliament was no sooner dissolved, but the King recals de la Pole and other ill Counsellors to the Court, shewing them greater favour then before: In so much that at Christmas, the King made de la Pole sit at his owne table, not in the usuall garment of a Peere, but of a Prince, out of a stomacke and hatred against the Peeres, whom from thenceforth be never regarded but feiuedly, and then fals to plot the death of the Duke of Glocester and other Nobles, who opposed his ill Counsellors; For which purpose he appoints a meeting at Nottingham Castle, with a few persons generally ill-beloved, ill-adwised, and ill-provided. The course agreed upon by the King and that ill-chosen Senate was, first, to have the opinion of all the chiefe Lawyers; (who saith Speed, seldome faile Princes in such turnes) concerning certaine Articles of Treason, within whose nets they presumed the reforming Lords were; and if the Lawyers concluded those Articles contained Treasonable matters, then umder a shew of justice they should be proceeded against accordingly. The Lawyers (who were the very men, which in the last Parliament, gave advice to the Lords to do as they did) now meeting were demanded: Whether by the Law of the Land, the King might not disanull the Decrees of the last Parliament? They joyntly answered, he might, because he was above the Lawes; (a most apparent errour) confessing; that themselves had in that Parliament decreed many things, and given their judgement, that all was according to Law, which they acknowledged to be altogether unlawfull. The King thus informed, appointeth a great Councell at Nottingham, and withall sends for the Sheriffes of Shires, to raise Forces against the Lords; who denyed, saying, that they could not raise any competent forces or Armes against them, the whole Counties were so addicted to their favours; and being further willed; to suffer no Knights to be chosen for their Shires, but such as the King and his Councell should name; they answered; that the election belonged to the Commons, who favored the Lords in all, and would keepe their usuall customes; (a good precedent for our present Sheriffes) whereupon they were dismissed. Then were the Lawyers and Judges (Robert Trefilian and his companions) called before the King, to determine the judgements of Treasons against the p. 24Lords to be legall and to set their Seales thereto, which they did: Meane time the King and Duke of Ireland, sent messengers to hire what Forces they could, That they might stand with them if need were against the Lords in the day of battle: **Note this.Many of which answered, that they neither could nor would stand against the Lords, whom they knew for certaine intimately to love the King, and to endevour all things, study all things, doe all things for his honour: yet many out of simplicity, thinking themselves to be hired, promised to be ready upon the Kings notice: The Lords hearing of these proceedings were much sadded; being conscious to themselves of no guilt worthy the Kings so great indignation. The Duke of Glocester sent his purgation upon Oath by the Bishop of London, to the King; who inclining to credit the same, was in an evill houre diverted by De la Pole. The Duke hereupon makes his and their common danger knowne to the rest of the Lords: upon which they severally gather Forces, that they might present their griefes to the King; How he favoured Traytors, not onelyonly to them, but to the Publique, to the imminent danger of the Realme, unlesse it were speedily prevented. The King on the other side (by Trayterous Counsellours advise) sought how to take them off single, before they were united: but in vaine, by reason their party was so great. Meane time, some peaceable men procured, that the Lords should repaire safe to Westminster, and there be heard. Thither approaching, they are advertised by some, (who had sworne on the Kings behalfe for good dealing to be used during the interim) that in the Mewes by Charing-Crosse, a thousand armed men (which without the Kings privity Sir Thomas Trivet, and Sir Nicholas Brambre knights, were reported to have laid for their destruction) attended in ambush. The King sweares his innocency, promising safe conduct to the Lords if they would come; who thereupon came strongly guarded, and would trust no longer. The King sitting in Royall State in Westminster Hall; the Lords present themselves upon their knees before him: and being required by the Lord Chancellor; Why they were in warlike manner assembled at Haring gye Parke, contrary to the Lawes? their joynt answer was: That they were assembled for the good of the King and kingdome, and to weed from about him, such Traytors as he continually held with him; The Traytors they named to be- Robert de Vere, Duke of Ireland; Alexander Nevill, Arch-bishop of Yorke; Michael de la Pole, Earle of Suffolke; Sir Robert Tr…silian, that false Justiciar; Sir Nicholas Brambre, that false knight of London, with others: To prove them such, They threw downe their Gloves, as gages of challenge for a triall by the Sword. The King hereupon replyed, as knowing they were all hidden out of the way; This shall not be done so, but at the n…xt Parliament (which shall be the morrow after Candlemas) all parties shall receive according as they deserve. And now to you my Lords; How or by what authority durst you presume to levy Forces against me in this Land? did you thinke to have terrified mee by such your presumption? Have not I men and armes, who (if it pleased me) could environ and kill you like sheepe? Certainely in this respect I esteeme of you all no more than of the basest Scullions in my kitchins. Having used these, and many like high words, he tooke up his Unckle the Duke from the ground, where he kneeled, and bade all the other rise. The rest of the conference was calme, and the whole deferred till the next Parliament, then shortly to be holden at Westminster. In the meane time (that the world might see, how little able the King was to equall his words with deeds) a Proclamation was set forth, in which the King (before any tryall) cleareth the Lords of Treason, names tho…e persons for unjust accusers, whom the Lords had p. 25before nominated. The Lords neverthelesse thought not good to sever themselves, but kept together for feare of the worst; which fell out for their advantage: For the Duke of Ireland (with the Kings privity, such was his false dissimulation) had gathered a power in Wales, and Cheshire: which they intercepting neare Burford and Bablecke, slew Sir William Molineux, leader of the Cheshire men, and made the Duke to flye in great feare. Among the Dukes carriages was found (as the devill, or rather God would have it) certaine Letters of the Kings to the said Duke, by which their Counsels were plainely discovered. The Lords hereupon march with speed up to London, having an Army of forty thousand men, the Lord Mayor and City doubtfull whether to displease the King or Lords, upon consultation receive the Lords into the City, and supply their Army with provisions in the Suburbs; Which the King hearing of, seemed to slight them, saying;**Note the perill and policy of protracting. Let them lye here till they have spent all their goods, and then they will returne poore and empty to their houses, and then I shall speake with and judge them one after another, The Lords hearing this, were exceedingly moved, and swore, They would never remove thence, till they had spoken with him face to face. And forthwith sent some to guard the Thames, lest the King should slip out of their hands, and then scoffe at them. The King being then in the Tower, and seeing himselfe every way encompassed, sent a message to the Lords, that he would treat with them; who thereupon desired him, That he would come the next day to Westminster, where they would declare their desire to him: The King replyed, That he would not treat with them at Westminster, but in the Tower. To which the Lords answered, That it was a suspicious place, because traines might there be laid for them, and dangers prepared to destroy them; Whereupon the King sent word, They should send thither two hundred men or more, to search and view all places, lest any fraud should lye hid. Upon which the Lords repaired to the Tower, and in the Kings Bed-chamber, laid open to him briefly, all his conspiracy, in causing them indirectly to be indicted; They object to him his mutability, and underhand working, producing his owne Letters to the Duke of Ireland, to raise an Army to destroy them; together with the French packets they had intercepted; whereby it appeared he had secretly practised to flye with the Duke of Ireland into France, to deliver up Callice to the French Kings possession, and such pieces as the Crowne of England held in those parts; whereby his honour might diminish, his strength decay, and his fame perish. The King seeing this, knew not what to doe, especially because he knew himselfe notably depressed. At last craving leave, they left him confounded and shedding teares, yet upon condition, that he should come to Westminster the next day, where hee should heare more, and treate of the necessary affaires of the kingdome; Which he promised to doe, retaining the Earle of Darby, to sup with him. But before he went to bed (O the ficklenesse of weake Princes, and faithlessenesse of their royall words and Protestations!) some whisperers telling him, that it was not decent, safe, nor honourable for the King to goe thither, he changed his resolution. The Nobles hearing this, were very sad, and discontented, and thereupon sent him word, That if he came not quickely according to appointment, they would chuse them another King, who both would and should obey the Counsell of his Peeres. The King strucke with this dart, came the next day to Westminster, there attending his Nobles pleasures. To whom (after few discourses) the Nobles said; That for his honour, and the benefit of his kingdome, all Traytors, whisperers, flatterers, evill instruments, slanderers, and unprofitable persons should be banished out of his Court and company, and others substituted in their p. 26places, who both knew how, and would serve him more honourably and faithfully. Which when the King had granted (though with sorrow) they thought fit that Alexander Nevill Archbishop of Yorke, Iohn Fordham, Bishop of Durham, with sundry other Lords, knights, and Clergy men should be removed and kept in strait prison, to answer such accusations as should be objected against them the next Parliament. Whereupon they were apprehended forthwith and removed from the Court: After the feast of Purification, the Parliament (much against the Kings will, who would have shifted it off at that time) began at London. The first day of the Session, Fulthorpe, and all the rest of the Judges were arrested, as they sate in judgement on the Bench; and most of them sent to the Tower: for that having first over-ruled the Lords with their Counsels and direction, which they assured them to be according to Law, they afterward at Nottingham, gave contrary judgement to what themselves had determined formerly. Tresilian the chiefe Justice prevented them by flight, but being apprehended and brought backe to the Parliament in the forenoone, had sentence to be drawne to Tiburne in the afternoone, and there to have his Throate cut, which was done accordingly.