The Sovereign Power of Parliaments and Kingdoms, Text (2 of 4)

The Sovereign Power of Parliaments and Kingdoms · Text (2 of 4)

p. 26The King seeing these proceedings, by advise of his ill Counsellors,**Graft. p 348, 349. 150, 151. absented himselfe from his Parliament, and sent Michael de la Pole then Lord Chancellor, to demand foure fifteenes in his name, of the Commons, for that without lesse he could not maintaine his estate and outward warre. To which the body of the Parliament made answer; that without the King were present, they would make therein no answer; and that unlesse the King would remove him from his Chancellorship, they would no further meddle with any Act this Parliament. The King upon this sent to the Commons, that they should send to Eltham, (where he then lay,) 40. of the wisest and best learned of the Commons, who in the name of the whole House should declare unto him their minde, Upon which message the House were in more feare then before; for there went a talke, that the King intended to betray divers of them, which followed not his minde, either that way, or at a banquet appointed to be made purposely at London, if Nicholas Exton the Mayor of London would have consented thereunto; at which time the Duke of Glocester should have beene taken. Wherefore the Lords and Commons assembled together, agreed with one assent, that the Duke of Glocester, and Bishop of Ely, should in the name of the whole Parliament be sent to the King to Eltham; which was done, and the King well pleased that they should come. When they came into his presence they most humbly saluted him, and said. Most high and redoubted Soveraig…e Lord, the Lords and Commons of this your Parliament assembled, with most humble subjection unto your most royall Majesty, desire your most gracious favour; so that they may live in tranquillity and peace under you, to the pleasure of God and wealth of the Realme. On whose behalfe we also shew unto you, that one old statute and landable custome is approved, which no man can deny; That the King our Soveraigne Lord may once in the yeare lawfully summon his high Court of Parliament, and call the Lords and Commons thereunto, as to that which is the highest Court of this Realme: In which Court all equity and justice must shine, even as the Sunne when it is at the highest, whereof poore and rich may take refreshing: where also must be reformed all the oppressions, wrongs, exactions and enormities within the Realme, and there to consult with the wise men for the maintenance of the Kings estate. And if it might be knowne that any persons within the Realme or without intended the contrary, p. 27there also must be devised how such evill weeds might be destroyed. There also must be studyed and soreseene, that if any charge doe come upon the King and his Realme, how it may be well and honourably supported and sustained. Hitherto it is thought by the whole Realme, that your Subjects have lovingly demeaned themselves to you, in ayding you with substance to the best of their powers; and they desire to have knowledge, how and by whom these goods be spent. One thing resteth yet to declare in their behalfe unto you:**Nota. The King should be present in Parliament once in forty dayes. how that by an old Ordinance, they have an Act, if the King absent himselfe forty dayes not being sicke, but of his owne minde (not heeding the charges of his people, nor their great paines) will not resort to his Parliament; they then may lawfully returne home to their houses: And now Sir, you have beene absent a longer time, and yet refuse to come amongst us; which greatly is our discomfort: (And our Parliaments present case.) To this the King answered by these words: Well, we doe consider that the people and Commons goe to rise against us; wherefore we thinke we can doe no better than to aske ayde of our Cosin the French King, and rather submit us to him, than to our owne Subjects. The Lords answered: Sir, that Counsell is not best, but a way rather to bring you into danger. For it is well knowne, that the French King is your ancient enemy, and your greatest adversary: and if he set foot once within your Realme, he will rather dispoyle you, invade you, and depose you from your estate Royall, than put any hand to helpe you, &c. And as that King cannot be poore that hath rich people; so cannot he be rich that hath poore Commons. And all these inconveniences be come by the evill Counsell which are about you. And if you put not your helping hand to the redresse of the premises, this Realme of England shall be brought to nought and utter ruine, which clearely shou'd be laid to your default, and in your evill Counsell: Seeing that in the time of your Father, this Realme throughout all the world was highly esteemed, and nothing ordered after these wayes. Wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruine either of you or else of your Realme. By these good perswasions the King was appeased, and promised within three dayes after to come to the Parliament, and to condescend to their Petitions; And according to his appointment he came. Where soone after Iohn Fordham Bishop of Durham, was discharged of the Treasurourship, and the Bishop of Hereford set in his place;**Walsing. Ypod. Neust. p. 145, 147. Grafton p. 352, 353. De la Pole was put from his Chancellourship for dive scrimes, frauds, briberies and treasons, by him committed, to the prejudice of the King and his Realme, committed to the Tower, and fined twenty thousand Markes to the King, in relieving of the Commons: Divers other Judges, knights, & Delinquents of all sorts were condemned, & executed, others banished and their states confiscated; others put out of Offce by this Parliament, as you may read in our Histories, and in thekk10 R. 2. c. 1… 11 R. 2. c. 1, 2 3, 4, 5, 6. 21 R. 2. …. 2, 3. 12. Statutes at large: in which Statutes the mischievous effects of these evill Counsellors to King, kingdome, and people are at full related, whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed: the Lords raising of Forces against them resolved to be lawfull; and these traytorous Delinquents made uncapable of any pard…n;llSee the Records of this Parliament published by order of both Houses, Aug. 27. 1642. and their raising of Armes against the Parliament and kingdome, (though with the Kings owne consent and his command) declared and enacted to be high Treason. These proceedings ratified and assented to in Parliament by the King, much against his will, wrought an intolerable secret hatred and desire of revenge in his heart against the Lords, which for want of power he concealed neare ten yeares space; but in the twentyeth yeare of his Reigne, being somewhat elevated in his spirit with a p. 28rumour that he should be elected Emperour; he suddenly apprehended the Duke of Glocester, the Earles of Warwicke and Arundell (the chiefe sticklers in the premises) committing them to severall prisons: And to blinde the peoples eyes, lest they should rise up in Armes to rescue these Lords; the King sent out a seigned Proclamation, (which he caused to be proclaimed throughout the Realme) that these Lords were apprehended only for new Treasons committed against him, for which he would prosecute them in the next Parliament, and not for the old trespasses: After which he proclaimes those Lords Traytors.

Which done he summoned ammGraf. p. 329 &c. Mr. Saint Iohns Speech, 1640. p. 33. 1 H. 4. No. 21. 21. 48 Parliament at Westminster, to this Parliament the King commanded to come all such as he had best confidence in, omitting the rest; and the Knights were not elected by the Commons, as custome required they should be, but by the Kings pleasure; yea, he put out divers persons elected, and put in other in their places to serve his turne; which was one Article objected against him when he was deposed. Against the time of this Parliament, the King received a guard of 4000. Archers, all Cheshire men, as if he would have gone in battle against enemies, so that divers came armed to the Parliament out of feare. These Cheshire men were rude and beastly people, and so proud of the Kings favour,nnAs the Cavaliers do now. that they accounted the King to be their fellow, and set the Lords at nought, though few of them were Gentlemen, but taken from the Plough and other Trades. After these rusticall people had a while Courted, they grew so bold, that they would not let neither within the Court nor without to beat and slay the Kings good Subject, (as the Cavaliers doe now) and to take from them their victuals at their pleasure, paying little or nothing for them, and to ravish their wives and daughters: And if any man presumed to complaine to the King of them, he was soone rid out of the way, no man knew why, nor by whom, so that in effect they did what they listed. In this Parliament the King having made the Speaker, and a great part of mercinary, proud, ambitious men of the Commons House to be of his side, to act what he required them; he then prevailed likewise with the Upper House, first with the Prelates, then with the Lords, more out of feare of him, then any reason; by meanes whereof the Commission, Charters of pardon, and Acts made in Parliament in the 10. and 11. yeares of his Reigne were quite revoked and declared voyd in Law, as being done without authority and against the will and liberty of the King and of his Crowne: And withall they declared the Iudges opinions for which they were condemned in that Parliament, to be good and lawfull, and attainted the said imprisoned Lords of high Treason, and confiscated their lands. The two Earles hereupon were beheaded, and the Duke (by reason of his popularity) sent over to Callice, and there by Hall and others smot…ered, onelyonly for their former actions; which done, the King adjourned the Parliament to Shrewsbury where he subtilly procured anoo21 R. c. 12 Act to passe by common consent, that the power of the Parliament should remaine in seven or eight persons, who (after the Parliament dissolved) should determine certaine petitions delivered that Parliament, and not dispatched. By colour whereof, pp21 R. 2. c. 16. 20. 1 H 4. c. 3. Walsin. hist. Ang. An. 1398. p. 394. Grafton, & Holinshe….Those Committees proceeded to other things generally touching the Parliament, and that by the Kings appointment, in derogation of the state of the Parliament, the discommodity and pernicious example of the whole Realme: And by colour and authority hereof, the King caused the Parliament Rols to be altered and defaced, against the effect of the foresaid grant. After which he much vexed and oppressed his people with divers forced Loanes, Oathes, Impositions, and oppressing Projects to raise money, seeking to trample them under his feet, and destroy the Realme, and tooke all the Jewels of the Crown with him into Ireland, without the kingdomes consent. Which rendered him so p. 29odious to his people, that Henry Duke of Lancaster, landing in England, the whole kingdome came flocking to his ayde, so that he had an Army of 60000. men in a short time; who vowed to prosecute the Kings ill Counsellours. Whereupon King Richard returning out of Ireland, hearing of the Dukes great Army assembled against him, and knowing that they would rather dye than yeeld, out of their hatred, and feare of him, he dismissed his Courtiers, hiding obsurely in corners till he was apprehended, and by a Parliament summoned in his name (though against his will) judicially deposed for his misgovernment.

Among the Articles exhibited against him in Parliament for his evill government, for which he was by sentence dethroned, these are remarkable. First, **Graft. p. 400 401, 402. &c. Trussel. p. 45, 46 47.That hee wastfully spent the Treasure of the Realme, and had given the possessions of the Crowne to men unworthy, by reason whereof daily new charges more and more, were laid on the neckes of the poore Commonalty. And when divers Lords were appointed by the high Court of Parliament to commune and treate of divers matters concerning the Common-wealth of the same, which being busie about those Commissions, he with other of his affinity, went about to impeach them of high Treason, and by force and threatning, compelled the Iustices of the Realme at Shrewesbury, to condescend to his opinion, for the destruction of the said Lords; In somuch that hee began to raise warre against John Duke of Lancaster, Thomas Earle of Arundell, Richard Earle of Warwicke, and other Lords, contrary to his honour and promise.

Item, He assembled certaine Lancashire and Cheshire men, to the intent to make warre on the foresaid Lords; and suffered them to rob and pillage without correction or reproofe.

Item, Although the King ftatteringly, and with great dissimulation made Proclamation throughout the Realme, that the Lords before named, were not attached for any crime of Treason, but onelyonly for extortions and oppressions done in the Realme, yet he laid to them in the Parliament, rebellion and manifest Treason.

Item, He hath compelled divers of the said Lords servants and friends, by menace and extreame paines, to make great fines to their utter undoing. And notwithstanding his pardon to them granted, yet he made them fine of new.

Item, That he put out divers**Note. Sheriffes lawfully elected, and put in their roomes, divers of his owne Minions, subverting the Law, contrary to his Oath and Honour.

Item, For to serve his purpose, he would suffer the Sheriffes of the Shire to remaine above one yeare or two.

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

Item, He taxed men at the Will of him and his unhappy Counsell, and the same Treasure spent in folly, not paying poore men for their victuall and viand.

Item, He said, That the Lawes of the Realme were in his head, and sometime in his brest, by reason of which phantasticall opinion, he destroyed Noble men, and impoverished the Commons.

Item, The Parliament setling and exacting divers notable Statutes for the profit and advancement of the Commonwealth, he by his private friends and solicitors, caused to be enacted;**Such a kind of proviso was endevoured to be added to the Petition of Right, 3 Caroli. That no Act then enacted should be more prejudi…iall to him, than it was to any of his Predecessors, though with proviso he did often as he listed, and not as the Law meant.

Item, That he at his going into Ireland, exacted many notable summes of money, besides Plate and Iewels, without Law or custome, contrary to his Oath taken at his Coronation.

p. 30Item, That without the assent of the Nobility, he carried the Iewels, Plate, and Treasure of the kingdome over the Sea into Ireland, to the great impoverishing of the Realme. And all the good Records for the Common-wealth, and against his extortions, he privily caused to be imbezeled and conveyed away.

Item, When divers Lords and Iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the Realme, and profit of the King, the said King so menaced them with sore threatnings, that no man would, or durst say the right.

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

Item, He craftily devised certaine privie Oathes, contrary to the Law, and caused divers of his Subjects, first to be sworne to observe the same, and after bound them in bonds for the firmer keeping of the same, to the great undoing of many honest men.

Which how parallel they are to the late and present Court Practises, and Doctrines of our times, let wise men determine. The King being thus Judicially dethroned in Parliament, Henry the fourth by the same Parliament, (which continued notwithstanding Richards deposition who summoned it) was created King, who in the qq1 H 4 c. 1. 2. 3, 4first Parliament of his Raigne, reversed, and annulled as illegall, the Parliament of 21 Richard 2. with all its Acts, Circumstances and dependants; and revived that of 11 Richard 2. in all points, as made for the great honour, and common profit of this Realme. To these I might adde therrWalsin▪ hist. Angl. p. 416. 417. Ypodig p. 168. 170. Pol. l. 8. c. 10. Caxton p. 430 Hal. Chr. par. 1. f 25 Hol. p. 529. Speed, p. 775. Martin Fab Graft. and others Fox Acts & Mon. vol. 1. p. 676, 677, 678. Trussell. p. 74 75. Rebellious insurrections of Richard Scroope, Arch-bishop of Yorke, the Earle of Northumberland, and their Complices, against King Henry the fourth, Anno 1405. to reforme the State and government, relieve the Church and Common-weale, and Depose King Henry in and by a forced Parliament. ThessSpee. p. 486 Hunting lib 8. insurrection of the Popish Nobles against King Stephen, for violating his Oath, touching Forests, and other immunities of Church and Common-wealth, which they would force him to confirme; the severallttWalsing, hist. Angl. p. 258. to 281. Speed p. 849. &c. 734. &c. insurrections of Jacke Cade, Jacke Straw, Wat Tyler, and their Popish V…lgar rabble, to force their King to call Parliaments, to alter and repeale old Lawes, enact new, displace offensive great Officers, promote new on…es of their nomination, to ratifie what propositions they required, and subvert the government of the Realme: with theuuSpeed p. 1032 to 1049. 1112, to 1120. See Hall. G…aft. Hollinsh. Howes, Martin. in the lives of H. 8. Ed. 6. and Q. Eliz. severall Rebellions of the Popish Lincolneshire and Yorke-shire men, under Doctor Mackarell, a Monke, and some men of quality in Henry the eighth his raigne; Of the Cornish men, Norfolke men, Kent, and others in Edward the sixth his Rule; of the Popish Earles of Northumberland, Westmorland, and other Northerne Papists in Queene Elizabeths dayes, by force of Armes to compell these severall Princes to summon Parliaments to rep…ale all Lawes against Masse and Popery, and for the establishment of the Protestant Religion, with other Acts concerning the government of the Common-wealth, to enact divers new Lawes and propositions, which they demanded, to remove great Officers and privie Counsellors from their places, and the like. All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects, being done without any preceding Order or resolution of both Houses, representing the whole kingdome, and against the generall consent of the people. But I shall conclude with one ancient precedent more, in one of our best Kings reignes, In 25 E. 1.xxWalsin. hist. Ang. p. 36 37, 38, 39, 40 4…, 42, 44 48. Ypodig…a …st p. 83, 84, 85, 86, 97 Co…kes Magna Cha… p. 530 to 5…0. The Lords and Commons in Parliament grievo…sly complained and Petitioned to the King…against divers taxes, tallages, and prisages wherewith they were oppressed by him, to the great impoverishing of the Realme; against the violation of Magna Charta, the Charter of the Forest, the imposition upon Wools, and their summons p. 31to goe with him into Flanders, to which they were not bound by Law. The king excusing these taxes, by reason of his necessity to maintaine the warres, and giving them a dilatory answer: the Earle Marshall, and Hereford withdrew themselves from Parliament, and with their complices, commanded the Barons of the Eschequer not to …evie the eighth penny of the people, granted to the King at Saint Edmonds; and induced the Citizens of London to joyne with them to recover their Liberties. Whereupon the King sending to them for peace, they would condescend to no peace but on these termes; That the king should confirme Magna Charta, and Charta de Foresta, with the other Articles to them annexed; that he should exact and take …o …o aides, taxe, or tallage from the Clergy or Commons without their commo… consent in Parliament, and that he should remit all offences to these Earles, and their confederates, all which the King ratified by his yyArticuli super Chartas.Charter at large, by his oath, and by a solemne excommunication of the Bishops twice every yeare, of all those who should transgresse this Charter of his; For which the Laity gave him the ninth, and the Clergy the tenth penny of their goods. And because this confirmation was made in Scotland, the Kings, and divers others promised for him, that he should confirme it when he came into England, which they pressing him to doe in a Parliament at London, in the 27. yeare of his reign; after some delaies, he ratified it with this addition in the close; saving the right of our Crowne, which when the Lords heard, they departed home in great discontent; but the King re-summoning them at quindena Pasche, granted all things absolutely according to their desire, committing the per-ambulation of the Forests throughout England to three Bishops, three Earles, and three Barons, to settle their bounds according to God and justice: which not being speedily executed, but neglected (the King having purchased a dispensation of his oath, wherewith he had ratified his foresaid Charter, from the Pope) hereupon the king holding a Parliament at Stamford, the 29. of his reigne, the Lords and Barons repaired thither with great store of horses and Arms, with a purpose to extort a full execution of the Charter of the Forests hitherto deferred: upon which the King, considering their earnestnesse and importunity, condescended to their will in all things.

Sixthly, Parliaments, Lords and Prelates, in former times have affirmed; that when a Parliament was once met together by lawfull summons, it might not be dissolved or discontinued againe at the Kings meere pleasure, till all the publike affaires for which it was called were dispatched, all grievances redressed, and all Petitions exhibited therein, fully heard, and answered; agreeable to the resolution of the greataaSurius Concil. Tom. 4… p. 103. &c. Fox Acts & Monu. vol. 1. Edit. ult. p 879 &c. Councels of Basil, Constans, and divers Popish **Iohn White his way, &c. Sect 37. n. 30. p. 102.Writers, that a generall Councell once lawfully summoned by the Pope and met, cannot be dissolved by him againe at his pleasure, without the Councels consent, before all the Churches affaires be therein setled: VponUpon which resolution these Councels continued together and deposed sundry Popes notwithstanding their Buls to dissolve them, to keepe themselves in their chaires. This is apparent; first by the Ancient Treatise, Of the manner of holding Parliaments in England: which informes us; That the first day of the Parliament, publike Proclamations ought to be made in the City or Towne where the Parliament is kept; That all those who would deliver Petitions or Bils to the Parliament, should deliver them in a certaine time: That the Parliament should not depart so long as any Petition made thereto hangeth undiscussed or undecided, or at the least to which there is not made a determinate answer: the Kings Majesty being desirous of his grace and favour to give the Subject redresse of any injury, not to suffer his people to goe unsatisfied. Hence departing of the Parliament OUGHT TO BE in such manner. First, IT OUGHT p. 32TO BE demanded, yea and publickely proclaimed in the Parliament, and within the Pallace of the Parliament, whether there be any that hath delivered a Petition to the Parliament, and hath not received answer thereto? If there be none such, it is supposed that every one is satisfyed, or else answered unto at the least, So far forth as by Law it may be. And then all may depart. Hence it was, that in 21 R. 2. c. 16, 17, 18, 19. Divers Petitions not read nor answered in Parliament, by reason of shortnesse of time, and not determined sitting the Parliament, were by special Acts of Parliament referred to divers Lords and Commons, to examine, answer, and plainely determine all matters contained in the said Petitions, as they should thinke best by their good advise and discretion; even out of Parliament; which they heard and determined accordingly, and made binding Acts thereupon, as appeares by the Statutes themselves. This Doctrine was very well knowne to King Iohn, Henry the 3. Edward the 2. Richard the 2. Henry the 6. and Edward the 4. the Parliaments which opposed, and deposed most of them, sitting and continuing sitting, both before and after their deposing, sore against their wills, as the fore-remembred histories manifest; else no doubt they would have broken up all these Parliaments at their pleasure, and never permitted such Acts and Judgements to passe against themselves, Favorites, ill Counsellours, pretended Prerogatives, had they lawfull power to dissolve them, summoned in their names, or the Parliaments actually determined by their depositions, or resignations, as we find they did not, and none ever yet held they did. King Richard the 2. fearing the losse of his Crowne, or some restraints by Lawes, in the 11. yeare of his Reigne, proposed this question among others, to his Judges at Nottingham Castle; which (for ought I finde) was never doubted before.bbSee 21 R. 2 c. 12. Whether the King whensoever pleaseth him, might dissolve the Parliament, and command his Lords, and Commons to depart from thence or not? Whereunto it was of one minde answered, That he may: And if any would proceed in the Parliament against the Kings will, he is to be punished as a Traytor. For which opinion and others, some of these Judges and Lawyers (as Tresilian and Blake) were condemned of high Treason the next Parliament, 11 R. 2. drawn upon a Hurdle to Tyburne, and there executed, as Traytors to the King and Commonwealth: others of them (who delivered their opinions rather out of feare of death, and bodily tortures than malice) were yet condemned as Traytors, and banished the kingdome, onelyonly their lives were spared. True it is, that the packed and over-awed Parliament of 21 R. 2. (terrifyed by the Kings unruly great Guard of Cheshire Archers forementioned) 21 R. 2. c. 12. being specially interrogated by the King, how they thought of these answers of the Judges, said; That they thought they gave their answers duely and faithfully, as good and lawfull liege people of the King ought to doe: But yet the Parliament of 1 H. 4. …. 3, 4. repealed this Parliament of 21 R. 2. with all its circumstances and dependents, revived the Parliament of 11 R. 2. with the judgements and proceedings, given against these trecherous temporising Judges, as a thing made for the great honour and common profit of the Realme. Besides, theccCooke 9. Rep. f. 1. in the Epistle▪ 4 E▪ 3. c. 14. 36 E. 3. c 10. Statutes of King Alfred, and Edward the 3. (which enact, that a Parliament shall be holden once every yeare, and oftner if need be, for redresse of mischiefes and grievances which daily happen) strongly intimate, that if a Parliament ought in Law to be called as often as neede is, of purpose to redresse the Subjects grievances and mischiefes; then it ought not in point of Law to be dissolved, till these grievances, and mischiefes be redressed; else the summoning of it would be to no purpose, and bring a great p. 33trouble and charge to the whole kingdome, without any benefit at all; Moreover, the King by his Oath, is bound to doe equall justice and right to all his Subjects in all his Courts of Justice: In Magna Charta c. 29. he makes this Protestation; We shall deny nor deferre to no man, either Iustice or Right: and by sundry other dd18 E. 3. Stat. 3. …0 E. 3. c. 1.Acts, all the Kings Iudges are sworne and commanded, to doe even Law and execution of right to all his Subjectes rich or poore, without having regard to any person, and without letting or delaying to doe right for any Letters, Writs, or Commandements that shall come to them from the King or any others, and shall doe nothing by vertue of them, but goe forth to doe the Law, and hold their Courts, and Processes where the Pleas and matters be depending before them, notwithstanding, as if no such Letters, Writs, or Commandements, were come unto them. The makers therefore of these Oathes and Lawes (in dayes of Popery) and the Parliaments of 2 E. 3. c. 8. 14 E. 3. c. 14. 1 R. 2. c. 2. 11 R. 2. c. 9. which enact, That it shall not be commanded by the great seale or little seale, to delay or disturbe common right, and though such commandments doe come, the Iustices shall not therefore leave to doe right in ANY POINT, that Iustice and right be indifferently ministred to every of the Kings Subjects: did certainely beleeve, that the King neither by his great nor privy seale, nor by Writ or Letter could without just or lawfull cause assigned, prorogue or adjourne the Terme or sitting of any Courts of Justice, much lesse prorogue or dissolve his highest Court, and grand Councell of the Realme, the Parliament, or disable them to fit to redresse the kingdomes and Subjects severall grievances, or secure the Realm from danger; Which if he might lawfully doe at his pleasure, without the Houses joynt assents, there would necessarily follow, not onelyonly a deferring and deniall, but likewise a fayler of Justice in the highest Court of Justice; which these Acts disable the King (who is so farre inferior to the Law, that he cannot so much as delay the smallest proceedings of it in any Court or Session, by his supreame power, by any meanes whatsoever) to effect in his meanest Courts, much lesse then in the greatest; from whence the subversion of Lawes, Liberty, Justice, and the whole Realme would ensue. If any therefore cavill at the Act for continuance of this Parliament, till both Houses shall agree to adjourne or dissolve it; or at the Bill for Trienniall Parliaments, which when they meete, shall not be dissolved without their consents for fifty dayes space next after their first meeting: Let them now learne, that this is no Innovation, nor encroachment on the Crowne, but an ancient Priviledge of Parliament, both claimed, practised, and resolved in times of Popery, in an higher degree then now it is. And thus you see how in these particulars, the Popish Parliament, Prelates, Lords and Commons in former times, have claimed and exercised farre greater Priviledges and Jurisdictions, than this or any other Protestant Parliament hath hitherto claimed or practised: which I hope, will forever silence the clamourous tongues of all ill Counsellours, Courtiers, Royalists, Malignants, Papists, and Cavaliers against the present Parliament, of whose highest (yet moderate) proceedings, themselves alone have beene the occasions, and therefore (of all others) have least cause to complaine against them.

BUT to returne againe to the first grand Objection. Thirdly, I answer, that the High Court of Parliament,Answ. 3. The Parliament and king…dome proved to be above the King. and whole kingdome which it represents, may in divers respects be truely and properly said, to be the Highest Soveraigne power of all others, and above the King himselfe: which because it may seeme a dangerous paradox, p. 34and tends much to the vindication both of the Priviledges, Honour, and Iurisdictions of our High Court of Parliament, (now so much undervalued, because not really known to most) and to the justification of the proceedings in this present Parliament, which many out of ignorance and malice so much declaime against both by word and writing, in a most licentious manner; I shall take a little liberty to demonstrate the truth of it, by such convincing reasons and Authorities, as no rationall man (I hope) shall be able to contradict, but must necessarily submit to.

First, it is undeniable thateeSee Cromptons jurisdiction of Courts Tit. Parliam. Brooke Tit. Par…. H…lm. Descript. of Eng. c. 8. p. 173. Chro. of Ireland, p. 120. to 130. Sir Tho. Smith Commonweal. of Engl. l. 2. c. 1, 2, 3. Cowel & Minsh. Tit. Par. Cam. B…i. p. 177 the Court of Parliament hath a lawfull power, to question all the Kings Patents, Charters, Commissions, Proclamations, Grants, Warrants, Writs, and Commitments whatsoever, whether they be Legall; yea to cancell or repeale them in case they be illegall, mischievous, or onerous to the Subject, not onelyonly without but against the Kings consent, and mandate to the contrary; as appeares by infinite precedents in this and all foremer Parliaments, the scourges of Monopolists, Patentees and Projectors, the Pests of the Commonwealth. The like power have all other Courts of Justice within the kingdome in some degree, when such Charters and Writs of the King are brought judicially before them, because they are Courts of the Law, to which the King and all his Actions are and must be subject. Now that which can thus question, cancell, disanull, revoke the Kings owne Royall Charters, Writs, Commissions, Patents, &c. though ratified with the Great seale and regall power, even against his will, must certainely be a Soveraigne power and Authority, which in point of Law and Justice is superiour to the King. This is Bractons resolution, l. 2. c. 16. f. 34. a, and Fletaesl. 1. c. 17. Where they affirme, the Law and Parliament to be above the King, because they may censure, judge, and rescinde the Kings Acts & Charters, legally and judicially, even against his personall, though not legall Will, which is the Law.

Secondly, It is unquestionably true, that in all cases of difference betweene the King, and all or any of his Subjects, though they concerne the Kings Prerogative and the highest branches thereof, the Parliament is the supreamest and most proper Judge, and its resolution (from which there is no appeale to any higher tribunall) shall finally binde not onelyonly all the Subjects, but the King himselfe, notwithstanding his owne personall disassent. This is manifest by the many late resolutions given in Parliament against sundry Patents, Commissions, Writs, Charters, Impositions, Loanes, Shipmoney, Forest-Bounds, Marshall Law, Pressing and Billetting Souldiers, Imprisonment by speciall Command of the King or his Privy Counsell, Tonnage and Poundage, Knight-hood and Taxes, the Commission of Array, and the like, which obliege both King and Subject; the King in receiving justice, in such cases, being subject to the Law as well as the meanest of his Subjects; asffRex in justitia reci pienda minimo de regn… suo comparatur: minimus▪ esse debet vel quasi in judicio suscipiendo, Bracton, l, 1, c. 8. f. 5. b. & l. 3. c. 9. f. 107. Bracton truely avers, against all Royalists mistakes. Now that which can thus finally conclude and binde the King himselfe, even volens nolens, in cases of highest concernment, entrenching farthest upon his Prerogative Royall, must doubtlesse be the most Soveraigne power, Superiour to the Kings. And in this sence every Court of Justice, whose just resolutions, and every petty Jury, whose upright verdicts obliege the King (because warranted by the Law which is Paramount the King (as Bracton, ggli. 1. c. 5. 17▪Fleta, hhCap. 9. to 15Fortescue, iiSpeech in Parliam. 1609King Iames, kkIn his Laws in Fox Acts & Mon. Edit. vol. 1. p. 214.Edward the Confessor; yea andllPolit. l. 3. c. 10, 11, 12. Aristotle, resolve) may be t…uely said to be above the Kings person, which they binde; but not above the Parliament, which by its superlative power may examine all mm1 H. 7. 1. Br. Parlia. 92. Ash. tab. 65, 67.judgements and verdicts, in other Courts by way of error, or appeale, and reverse them if there be cause, when as the King in person p. 35cannot by law examine or reverse them, but onelyonly in his Courts of Justice, by his Judges.

Thirdly, Parliaments oft times doe, and may as they see cause, enlarge the Kings Prerogative and Royall power in sundry particulars, in which the King had no such jurisdiction before these Acts; witnesse the Statute de Praerogativa Regis, The notable Parliament Roll of 1. H. 4. num. 108. Where the Commons in Parliament grant the King, that he shall be in as GREAT ROYALL LIBERTY as his Noble Progenitors were before him: having formerly made the like Grant to King Richard the second, who perverted it to the altering of the Lawes in many things, as appeares by this Roll. 25 H. 8. c. 19, 20, 21. 26 H. 8. c. 1, 3. 31 H. 8. c, 9. 34, and 35 H. 8. c. 23. 27 H. 8. c. 15. 28 H. 8. c. 7. 17. 3 & 4 E. 6. c. 11, 12. 1 Eliz. 1, 2. with sundry other Acts. Now that Parliamentary power, which onelyonly can create and conferre on Kings a greater regall Authority, and Prerogrative than they had before; must needs be the Originall and supreame Authority: for as we rightly arguemmSee 1▪ Eliz. c. 1. Ras…all …. S…wer …or Commissioners Ras…al. Tit. Iust…. &c. That the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice, because their power is by Patent, or Commission derived from his: So we may from the selfe-same reason conclude, that the High Court of Parliaments power (the representative Body of the whole kingdome) is the most Primitive, Soveraigne and greatest Authority of all other, yea, larger and higher than the Kings;nnQui…quid efficie tale est magis tale & nam… potest da…e quod non labe…: are true in this case. because it onelyonly can enlarge the Kings Prerogative, all whose originall or additionall Royalties, proceeded not from the King himselfe, or his Ancestors owne inherent hereditary power, (for what King could justly without his peoples consents, usurpe a Crowne or lawfull Royall Prerogative to himselfe, over an whole Countrey?) but meerely from the voluntary consent and grant of his people in the Parliament. This is irrefragably evident not onelyonly by the variousooSee Alex. ab Alexan…o, l. 3. c. 2. …acile pe… sp…e… po…est & … esse g…uera, nec cande… … ii formas… in …mnibu… esse regilbus Regalis potentiae genera numero sunt qua…u…r. Arist. Pol…. l. 3. c. 10, 11. See Dan. c. 8. & 11.Dan 8 kinds of Kings; where of some are of greater power and authority. others of lesse; some by Election, others by succession onelyonly, by reason of their Kingdomes & Subjects original institution, by the divers alterations of the Monarchy in this kingdome, which hath beeneppSee Mat. Pa. Spee. Hol. Graf. and others▪ sometimes divided into seven, sometimes into five, sometimes into three or two kingdomes, and at last reduced unto one; by the greatqqLivie hist. Rom. l. …. Ar…ist. Polit. l. 2. c. 8. Goodwins Rom. An…iq. changes and alterations made in all Foraine Realmes, which have sometimes multiplyed, sometimes diminished the number and power of their Princes, and somtimes quite abolished the royall forme of Government, changing it into an Aristocraticall or popular rule, or Dukedome: by the divine Authority of S. Peter, who in this regard calls Kings and their Supremacy, a rr1 Pet. 2. 13. 14. Alex. ab Alexandro. Gen. die. l. 3. c. 3. l. 4. c. 23.1 Pet 2:131 Pet 2:14humane creature, or Ordinance of man, because instituted, limited, and moulded into severall degrees of power by men over whom they reigne; but likewise by two expresse determinations of Aristotle in these termes,ssPolit. l. 3. c. 10 p. 209, 210. Regna patriis moribus & legibus FUNDATA & CONFIRMATA SUNT. Andtt…b. l. 5. c. 13. p. 367. Verum Regnum est imperium majo…ibus & praestantioribus viris VOLUNTATE CIVIUM DELATUM, seconded byuuDe Offic…s, l. …. C…elius Rhodi. Anti… Lect. l. 8. c. 1. Alex. ab Alexandro Gen. Die… l▪ 4. c. 23 L…iel est. Rom. l. 1. Sect. 17. p. 14, 15. & l. 4. p. 144, 145. Plutar…l… Numa Pompilius. Tully, Livie, and others.

It is the unanswerable Argument of Marius Salamonius (an**So Iacol…s Carbinellus & others … him▪ incomparable Roman Lawyer and Philosopher) in his Lib. 1. de Principatu, p. 17 to 27. Printed at Paris, 1578. Cumprivilegio Regis; To prove, The whole Kingdome and people the Soveraigne power, greater than the Prince, and the Prince (be he King or Emperour) inferiour unto them; because he is not onelyonly their Servant, but creature too; being originally created by, and for them. Now as every Creator, is of greater power and authority than its creature, and p. 36every cause greater then its effect: So the Authority and power of the people which creates the Prince and Princely power, and augments or limits it as there is cause, must needs be greater, then the Prince or royall power. Who though he be greater than any private subject or magistrate, over whom he rules; yet he is still inferiour to all the people and kingdome, whose Servant or Creature he is, and by whose authority he doth and manageth all things. And though Principalities generally considered be of God; yet the constitution of Princes, and their severall degrees of power are meerely from men: for if the regall Authority of Kings were meerely from the Law of God, or nature (as many ignorant Court Doctors now Preach and write) it should be the same, and like it selfe in all kingdomes, the same among the Romans, as Parthians, Scythians, Medes, and other Nations; But it is not the same among all these Nations, but different, such, Qualis suo cuique placet populo, as every People pleaseth to prescribe and make choyce of; the Power, Rights, and Royalties of the Kings of the Parthians, Medes, and Scythians, being such as the Parthians, Medes and Scythians please; therefore the Rights and Prerogatives of the Roman Empire and Emperours, (and of the kingdom and King of England too) such as the Romans pleased, and prescribed by their Lex Regia: Which he there prosecutes at**See p. 45. 126 127. large. And it is the direct conclusion, not onelyonly of this Authour, but likewise of Iohn Mariana a Spanish Jesuite in his Booke De Rege & Regis institutione, l. 1. c. 8. Dedicated to King Philip the third of Spaine, and Printed by his and the Emperours speciall Priviledge both in Spaine and Germany; That the whole Commonweale, kingdome and people, are of greater power and Authority than the King; as for other reasons, so for this, that he is but their Creature, Servant, and derives all his Royall Authority from them alone, not for his owne, but their service, and benefit, who may enlarge or restraine it as they see just cause. And not to trouble you with Foraine Authorities in this point, which are infinite; I shall onelyonly acquaint you with the resolutions of some eminent ancient Lawyers of our owne.

Andrew Horne, an eminent Lawyer in Edward the first his Reigne, in his Myrrour of Iustices; Chap. 1. Sect. 2. p. 7, 8, 9. writes thus of the originall institution of our English Monarches. After that God had abated the Nobility of the Britaines, who rather used force than right, he delivered it to the most humble and simple of all the neighbour Nations, the Saxons; who came from Germany to conquer it, of which Nation there have beene forty Kings, all which held themselves to have COMPANIONS. These Princes called this Land England, which before was named Greater Britaine. These after great warres, elected from among them a King to Reigne over them, to governe the people of God, and to maintaine and defend their persons and goods in peace, by the Rules of Law (or Right:) And at the beginning they caused the King to sweare, that he will maintaine the holy Christian faith to the utmost of his power, and guide his people by Law, without respect to any person, and shall be obedient to suffer (or undergoe) Law, as well as others of his people. And afterwards this Realme was turned to an heritage, according to the number of the Companions, who divided the Realme into 38. Counties, and delivered each one a County to keepe and defend from Enemies, according to every ones estate. And although the King ought to have no Peeres in the Land, yet because if the King of his owne wrong should offend against any of his people, neither he, nor any his Commissaries, can be both Judge and Party; OF RIGHT IT BEHOVES, that the King should have COMPANIONS, for to …eare and determine in Parliaments all the Writs and plaints of the wrongs of the King, the Queene, and their p. 37children, and of those especially, of whose wrongs they could not otherwise have common right. These Companions are now called Counts, after the Latine Comites; and so at this day these Countries are called Counties, and in Latine Comitatus, &c. Henry de Bracton, who writ in Henry the third his Reigne, as in his forecited Passages; so in others, resolves;xxLab. I. c. 8 f 5 lib. 3. c. 9. f. 107. That the King is under the Law, because the Law makes him a King, by giving him dominion and power. Now how doth the Law thus make him a King, but by the Parliament, the Kingdomes great Counsell? by whose Counsell and consent alone, all Lawes were first enacted, and yet are, as theyyHujus…odi leges Anglicanae own fuerint app…batae. & Sacramento Regis confirmatae muta…i non pote…nt &c. Idem. I. 1. c. 2. f. 1. b. same Authour informes us, who further addes. That the King ought to be under the Law, because Christ whose Vicar he is on earth, when be came to redeeme mankinde, made choyse of this way especially to destroy the workes of the Devill, using not the strength of his power, but the reason of his justice, and so would be zzGal. 4. 4, 5.Gal 4:4Gal 4:5under the Law, that he might redeeme those that are under the Law; Thus the Virgin Mary the mother of our Lord, who by singular priviledge was above the Law, yet to shew an example of humility, refused not to be aaLuk. 2. 22, 23, 24.Luke 2:22Luke 2:23Luke 2:24subject to Legall Ceremonies. So therefore the King, lest his power should remaine unbridled, there ought not to be a greater than he in the Kingdome in the exhibition of Justice; yet he OUGHT TO BE THE LEAST, or AS THE LEAST IN RECEIVING JUDGEMENT, if he require it.bbBr…ct. lib. 3. c. 9. f. 10▪ I. 1. 8. f. 5. I. 2. c. 16. f. 34, That a King is created and elected, (by whom but by his kingdome?) to this purpose, to doe justice unto all.ccComites, viz. quia a Comita… sive a societa…e nomen sumpserunt, qui etiam dici possunt Co… sules a consulendo; Reges …uim tales sibi associant ad c…usulendum & regendum p…pulum Dei, ordinantes cos in magna potestate, …enore & nomine &c. Idem I. 1. c. 8 f. 5, 6. That a King cannot doe any thing else in earth (seeing he is Gods Minister and Vicar) nisi id solum quod de jure potest: but that onelyonly which he can doe by Law. That God, the Law, and his Court (to wit) the Earles and Barons (in Parliament) are above the King, and ought to bridle him, and are thence called Comites, because they are the Kings Companions. Fleta an ancient Law-booke, written in King Edward the third his Reigne, l. 3. c. 3. & 17. useth the selfe-same words that Bracton doth; and concludes That the King hath a Superior, to wit, God, and the Law, by which he is made a King, and his Court of Earles and Barons; to wit, the Parliament.

Fortescue a Lawyer, Chancellour to King Henry the sixt, proves at large, That ddFortes…. de Laud. Legum Angl c. 9.the King of England cannot alter nor change the Lawes of his Realme, at his pleasure; for why, be governeth his people by power not onelyonly Royall, but Politique. If his power over them were royall onelyonly, then he might change the Lawes of his Realme, and charge his Subjects with tallage and other burthens, without their consent; and such is the Dominion the Civill Lawes purport, when they say; The Princes pleasure hath the force of a Law. But from this much differeth the power of a King whose Government over the people is Po…itique; For HE CAN NEITHER CHANGE the LAW without the consent of his Subjects, NOR YET CHARGE THEM WITH STRANGE IMPOSITIONS AGAINST THEIR WILL. Wherefore his people doe frankely and freely enjoy and recover their owne goods, BEING RULED BY SUCH LAWES AS THEMSELVES DESIRE, neither are they pilled off their their owne King or any other. Like pleasure also should the Subjects …ave of a King ruling onelyonly by Royall power, sol ong as he falleth not into tyranny, St. Thomas in the Booke he wrote to the King of Cyprus, justifieth the State of a Realme to be such, that it may not be in the Kings power to oppresse his people with tyranny; which thing is perfomed onelyonly, when the power Royall is restrained by power Politique. Rejoyce then O **This he writes to our King Henry the 6. to whom he directs his Booke.Soveraigne Prince, and be glad, that the Law of the Realme wherein you shall p. 38succeed is such, for it shall exhibit and minister to you and your people no small security and content, Chap. 10, 11, 12. He showes the different sorts of Kings or kingdomes, some of greater, others of lesser power; some elective, others successive; proceeding meerely from the peoples free consents and institution, and that the ancient Aegyptian, Aethiopian, and other Kings, were subject to, and not above their Lawes, quoting sundry passages out of Aristotle, concerning the originall of kingdomes. Chap. 13. He proceeds thus: A People that will raise themselves into a kingdome or other Politique body, must ever appoint one to be chiefe Ruler of the whole body; which in kingdomes is called a King. In this kinde of Order, as out of an Embryo ariseth a body naturall, ruled by one head, because of a multitude of people associated by the consent of Lawes, and communion of wealth, ariseth a kingdome, which is a body mysticall, governed by one man as by an head. And like as in a naturall body, the heart is the first that liveth, having within it blood, which it distributeth among the other members, whereby they are quickned; semblably in a body Politique, THE INTENT OF THE PEOPLE is THE FIRST LIVING THING, having within it blood; that is to say, Politique provision for the Utility and wealth of the same people; which it dealeth forth and imparteth AS WELL TO THE HEAD as to the Members of the same body, whereby the body is nourished and maintained, &c. Furthermore, the Law under which a multitude of men is made a people, representeth the forme of sinews in the body naturall; because that like as by sinews the joyning of the body is made sound; so by the Law, (which taketh the name a Ligando, from binding) such a Mysticall body is knit and preserved together, and the members and bones of the same body, (whereby is represented the soundnesse of the wealth, whereby that body is sustained) doe by the Lawes, as the naturall body by sinewes, retaine every one their proper function. And as the head of a body naturall cannot change his Sinewes, nor cannot deny nor with-hold from his inferiour members, cheir proper powers, and severall nourishments of blood: SO NEITHER CAN THE KING (who is the head of the Politique body) CHANGE THE LAWES OF THAT BODY, nor with-draw from the said people THEIR PROPER SUBSTANCE AGAINST THEIR WILLS OR CONSENTS. For such a King of a kingdome politique, is made and ordained for THE DEFENCE OF THE LAWES OF HIS SUBJECTS, and of their bodies and goods. WHEREUNTO HE RECEIVETH POWER OF HIS PEOPLE, SO THAT HEE CANNOT GOVERNE HIS PEOPLE BY ANY OTHER LAW. Chap. 14. be addes, No Nation did ever of their owne voluntary minde incorporate themselves into a kingdome FOR ANY OTHER INTENT, BUT ONELYONLY TO THE END, that they might thereby with MORE SAFETY THEN BEFORE MAINETAINE THEMSELVES, and enjoy THEIR Goods free from such misfortunes and losses as they stood in feare of. And of this intent should such a Nation be defrauded utterly, IF THEIR KING MIGHT SPOYLE THEM OF THEIR GOODS, WHICH BEFORE WAS LAWFULL FOR NO MAN TO DOE. And yet should such a people be much more injured, if they should afterwards be p. 39governed by Foraine and strange Lawes, and such peradventure as they deadly hated and abhorred, and most of all, if by those Lawes their substance should be diminished; for the safeguard whereof, as also for their honour, and of their owne bodies, THEY OF THEIR OWNE FREEWILL SUBMITTED THEMSELVES TO THE GOVERNEMENT OF A KING. NO SUCH POWER FREELY COULD HAVE PROCEEDED FROM THEM; and yet IF THEY HAD NOT BEENE, SUCH A KING COULD HAVE HAD NO POWER OVER THEM. And Chap. 36. f. 86. He concludes thus. The King of England, neither by himselfe nor his Ministers imposeth no Tallages, Subsidies or any other burthens on his Lieges, or changeth their Lawes, or make new ones without the concession or assent OF HIS WHOLE KINGDOME EXPRESSED IN HIS PARLIAMENT. Thus and much more this Learned Chancellour in point both of Law and Conscience, sufficient to stop the mouthes of all Malignant Lawyers and Royalists, being Dedicated to and approved by one of our devoutest Kings, and written by one of the greatest and learnedest Officers of the Kingdome in those dayes.

In few words,ff…ap. 8. vol. 1. p. 173. Raphael Holinshed, Iohn Vowell and others, in their Description of England, Printed Cum Privilegio, resolve thus of the Parliaments power. This House HATH THE MOST HIGH AND ABSOLUTE POWER OF THE REALME, for thereby KINGS AND MIGHTY PRINCES HAVE FROM TIME TO TIME BEENE DEPOSED FROM THEIR THRONES, and Lawes are enacted, and abrogated, Offenders of all sorts punished, and corrupted Religion, either disanulled or reformed. It is THE HEAD AND BODY OF ALL THE REALME, and the place where every particular man is intended to be present, if not by himselfe, yet by his Advocate and Atturney: For this cause any thing that is there enacted, is not to be withstood but obeyed of all men, without contradiction or grudge: and to be short, all that ever the people of Rome might doe, either Centuriatis Comitiis, or Tribunitiis, the same is and may be done by the Authority of Parliament. Now the Romans in their Assemblies had power to enact binding Lawes, to create and elect their Kings and Emperours, and likewise to judge, censure, and depose them; to create and elect all kindes of Officers, and to**See Bodin l. 2, c 5. l. 1. c. 10. Eu…ropius & Grimston in the life of Nero, Maximinus, Heliogabalus, and others. change the very forme of their State and Government (as I shall hereafter manifest:) Therefore by these Authours resolution, the Parliament hath an absolute power to doe the like, when they see just cause. Sir Thomas Smith one of the Principall Secretaries of State of King Edward the 6. and Queene Elizabeth, and a Doctor of Law, in his Common-wealth of England, l. 2. c. 1. in the old, but 2. in the last Edition, hath the same words in effect with Holinshed, and addes, that the Parliament giveth forme of Succession to the Crowne, &c. Our Kings Royall power being then originally derived to them, conferred on them by the Peoples and kingdomes common consents in Parliament, and all their new additionall Prerogatives too, as the premises evidence, it cannot be denyed, but that the whole kingdome and Parliament, are really in this sense above him, and the most Soveraigne primitive power from whence all other powers were, and are derived.

Fourthly, This is undeniable, because the whole kingdome in Parliament, may p. 40not onelyonly augment, but likewise abridge, allay, abolish, and resume some branches of the Kings royall power and prerogative if there be just cause, as when it becomes onerous, mischievous, or dangerous to the Subjects, inconvenient to, or inconsistent with the kingdomes, peoples welfare, peace, safety, Liberty, or the Lawes; This is most apparent by Magna Charta; Charta de Foresta, Statutum De Tall agio non concedendo, Articuli super Chartas, Confirmatio Chartarum, 1 E. 3. c. 6, 7. 2 E. 3. c. 2. 8. 3 E. 1. c. 35. 9 E. 3. c. 12. 5 E. 2. c. 9. 10 E. 3. c. 2, 3. 14 E. 3. c. 1. 14. 18 E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1, 2. & Stat. 5. c. 8. 11. 36 E. 3. c. 10. 37 E. 3. c. 18. 42 E. 3. c. 3. 10 R. 2. c. 1. 11 R. 2. c. 1. to 7. 1 R. 3. c. 2. 4 H. 4. c. 13. 21 Jac. c. 3. 24. 7 H. 8. c. 3. The Petition of Right, 3 Caroli, most Statutes against Purveyens, Pardons, Protections, and for regulating the Kings Charters, Grants, Revenues: the Acts made this Parliament against Ship-money, Knighthood, Forest-bounds, Pressing of Souldiers, the Star-Chamber, High-Commission, the Trienniall Parliament, the continuance of this Parliament, whiles they please, with ggSee the Arguments against Ship…money, & Impositions, & the declarations against the commission of Array.sundry other Acts, which restaine, abridge, repeale, resume divers reall and pretended branches of the Kings royall Prerogative, because they proved grievous, mischievous, dangerous, pernicious to the people and kingdome. This then answers that irrationall, groundlesse position of Doctor Ferne; That hhResolving of Conscience Sect. 4, 5.the Subjects neither lawfully may, nor ought in any case to resume all or any part of that Regall power wherewith they have once invested their Kings by common consent, though it prove never so mischievous, and be never so much abused to the peoples prejudice. Which, as it is contrary to that received principle of nature and reason: Eodem modo quo quid constituitur, dissolvitur, That all Governments created by mens consents, especially being but officers in trust for their good and welfare onelyonly; toiiSee Ioshua, Iudges, Saumel, Kings Chro. Dan. throughou…. Isa. Ierem. Ezek. in sundry chap. sundry presidents and Prophesies in Scripture concerning the Alterations, Subversions, Diminutions of Kings and kingdomes; to the constant practise ofkkSee Sleidan de 4. or Imperiis Mat. West. Livyn Iustin, Opmerus, Purchas, Chroni. Chronicarum; & all generall hist. all Realmes, all States whatsoever, from Adam till this instant, who have undergone many strange alterations, eclipses, diminutions, yea Periods of Government: to the Resolution of llPolit. l, 2, 3, 4, 5, Plato de Republica, Bod. Common-weale. The Repub. of sundry Nations Polyb. Hist. l. 6.Aristotle, and all other Politicians, who hold all formes of Government changeable and revocable, without any injustice, if necessary or convenient; So likewise to the very end for which Kings have regall power (as well as other Governours, and Governements) and for which they were ordained; to wit, their kingdomes, peoples mmRom, 14. 1 to 6. 1. Pet 2. 13, 14 2 Sam. 5. 12. Nehe. 2. 10. Psa. 78. 70, 71. 2 Chro 9. 8. 1 Cor. 3. 21, 22. Estn. 10. 3. Arist. Pol. l. 3, 4 5. Coelius Rhodig l. 8. c. 1. Bra. l. 3. c, 9. f. 107.1 Pet 2:131 Pet 2:142 Sam 5:12Ps 78:70Ps 78:712 Chr 9:81 Cor 3:211 Cor 3:22welfare, safety, peace, protection, &c. Salus populi, being not onelyonly that Suprema Lex, but principall end for which all royall power was instituted by God and Man, and to which it must submit in case it becomes incompatible, or inconsistent with the publique weale or safety: What therefore that learned Father Augustine Bishop of Hippo, long since resolved touching the (now much contested for) Lordly State of Episcopacy, which he and neere three hundred African Bishops more, were then ready to lay downe for the Churches peace; I may fitly apply to the now over-much contended for supposed royall Prerogatives of Kings, to effect peace in our State, in these times of uncivill military (that I say not bloody) dissentions, raised about them betweene King and Parliament, An… vero, &c. nnAugustinus de Gest is … Emerita Donatist. Epis Tom 7 par 2. p. 882 783.What verily did our Redeemer descend from heaven into humane members, and shall we, lest his very members he rent in pieces with cruell division, feare to d…scend out of out Thrones? we are ordained Bishops for Christian peoples sake, what therefore may profit them for Christian peace, that let us doe with our Bishoprickes. Quod autem sum propter te sim, si tibi prodest, non sim, si tibi obest. What I am, I may be for thee, if it profit thee; I may not be, if it be hurtfull to thee. If we be profitable servants, why doe we envy the eternall gaines of our Lord for our temporall p. 41sublimities or Prerogatives? Our Episcopall dignity will be more fruitfull to us, if being laid downe it shall more unite the flocke of Christ, than disperse it if retained. If when I will retaine my Bishopricke I disperse the flocke of Christ, how is the dammage of the flocke the honour of the Shepherd? &c. Old statute Lawes, yea the common Law of England, though above the King and his Prerogative, may be, and oft are repealed and altered by Parliaments, when they become mischievous or inconvenient; therefore by like or greater reason, may any branches of the Kings Prerogative, inferiour to these Lawes, be restrained, yea resumed, when they prove grievous or dangerous to the Subject: It is the Kings owne professed Maxime, in full Parliament;ooAt the end of the Petition of Right, 3 Caroli. (Printed and inrolled by his speciall command, in all his Courts) That the Kings Prerogative is but to defend the Peoples Liberties: when therefore it either invades or subverts them, it may justly, it must necessarily be restrained, diminished or resumed by the Parliament, from whose assent or grant, it first proceeded, and that onelyonly for the publique weale, not prejudice of the people. The EmperourppSee Europius, Sabellicus, Grimston, Speed & others of his life. Otho the first, and our King Richard and second (asqqSpeeds History p. 757. some imagine) voluntary resigned, relinquished their Crownes, to their immortall honour, to prevent the effusion of their Subjects blood, by civill warres, and settle peace within their Realmes: and shall not other Kings then most joyfully part with some Punctilioes of their reall, or branches of their supposed Prerogatives for the selfesame ends, if their Parliaments see good cause to resume them, and of right may doe it?

Fifthly, The King though he be the chiefe and principall (yet he is onelyonly one member of the Parliament and kingdome, the least (because but one person) though the highest branch; the Lords and Commons (not elected by, but assigned Counsellors to the King, by the kingdome and people) being the greatest and most considerable part, as representing the intire body of the Kingdome. Now common reason, Law, and experience manifests, and Aristotle Polit. l. 1. c. 2. with Marius Salamonius, de Principatu, l. 1. p. 40, 41. conclude, that the whole, or greatest part in all politique or naturall Bodies is of greater excellency, power, and jurisdiction, than any one particular member. Thus in all ourrrSee Br. Tit. Corporations. Corporations, the Court of Aldermen and Common Councell is of greater power than the Mayor alone, though the chiefe Officer: the Chapter of greater authority than the Deane, the Deane and Chapter than the Bishop; the whole Bench, than the Lord chiefe Iustice, the whole Councell than the President; the whole Parliament then either of the Houses: and by like reason than the King; especially, since one of the three Estates is lesser than the three Estates together; who in Parliament, by the fundamentall Constitutions of the Realme, are notssSee the Fullet Answer to Dr. Ferne, p. 2, 3. Subordinate, but Coordinate parts of the same great Common-Councell of the kingdome. It is Aristotles expresse determination, ttQuod eorum qui rempublicā gerunt majori parti placuerit, id est ratum ac firmum, Arist. Polit. l. 4. c. 8. l. 1. c. 2. l. 3. c. 8.that in an Oligarchie, Aristocracie, and Democracie, whatsoever seemes good to the major part of the Governours of the Common-wealth, that is ratified; that the whole City, Kingdome, Family, is more excellent, and to be preferred before any part or member thereof. And that it is unfit the part should be above the whole: And in all Courts of Justice, Corporations, and Elections,uuBr. Corpora. 34. 8. H. 6 c. 7. the major part have alwayes had the greatest sway, and constantly over-ruled the lesse, though it be but by one casting voyce; as is evident to all in the Elections of Knights, and Burgesses of, and votes in the Parliament; in which thexx14 H. 8. f. 3. b. King, Lords and Commons, by the Common Law, make up but one intire Corporation: since then even in Parliament it selfe, the major part over-swayes the rest, yea the King himselfe (who hath p. 42no absolute negative voyce, but onelyonly in refusing to passe some kind of Bills not all (of which more hereafter) doubtlesse the whole, oryyMajor Pars est totum, Brooks Corporati. 34. Smiths Commonwea. of Engl. l. 2. c. 3. major part of the Parliament (which in Law is the whole) is above the King, the chiefe member of it. Which consideration, together with the Statutes of 5 R. 2. State. 2. c. 4. 6 H. 8. c. 16. Enacting, That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or pro…ogued, without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke, under paine of amercement, losse of wages, & other punishment; nor **See the manner of holding Parliaments in England: newly Printed at London, 1641. & Dyer f. 60. a, Br. Parl. 7.any Member of the Vpper House without that Houses license under paine of inditement, imprisonment or fine; as appeares by the Bishop of Winchesters case, 3 E. 3. 19. Fitz. Coron. 161. and Stamford, l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament; that the King and many of the other Members have wilfully absented themselves from the House, (of purpose to dissolve it if they could, notwithstanding the late speciall Act made by their joynt consents for its continuance,) Ergo this unlawfull Action of theirs (to effect this pernicious designe) must nullifie, or at least invalid (in their new non-sence Law and Logicke) the lawfull proceedings of those worthy faithfull members who continue in it, to preserve both Parliament, Kingdome, Religion, Lawes, Liberties, from ruine and dissolution. If these absent Members be the greater number, why doe they not come and over-vote the rest in the House in a peaceable, legall, usuall Parliamentary way, rather than challenge them into the field in a military, illegall, unusuall bloody manner, unheard of in former ages? If the lesser party, then present or absent the major part must over-rule them volens nolens, as it hath ever used, unlesse they will be wilfuller (I cannot say wiser) than all their predecessors put together.

As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors;Object. so much insisted on by Malignants.

I answer,Answ. First, That it was without any just cause given by the Parliament. Secondly, It was much against their wills, who haveaaSee their Messages & petitions to the King to this purpose. oft importuned, petitioned, and used all possible meanes to procure his returne. Thirdly, His absence was procured, and is yet continued by those alone, who most unjustly taxe the Parliament for it, and would take advantage of this their owne wrong. Fourthly, though he be personally absent as a man, yet he is still Legally present in Parliament, (called the Kings presence) as he is a King; as he is in all other his Courts of Justice, where all proceedings are entred,bbSee Cambd. Brit. p. 163. which stiles the Parliament the Kings presence The Register of Writs. Old & New Natura Brevium old & new book of Entries. Cooks Instit. on Lit f. 71. 6. Coram Rege, though the King never yet sate personally in either of them, as he hath oft times done in this Parliament; for the continuance whereof he hath passed such an Act, as will inseparably tye his royall presence to it, though the Cavaliers about him should be force with-draw his person from it, not onelyonly as farre as Yorke, but the remotest Indies; yea, he must first cease to be King of England, ere he can be legally absent from his Parliament of England. This his wilfull personall absence from his greatest Counsell which desires and needs it, is (as many conceive) an Act of the highest injustice that ever any Prince could offer of his Parliament, worse thancc1 King. 12. & 2 Chron. 10.1 Kgs 122 Chr 10 Rehoboams forsaking the counsell of his ancient Sages, to follow the hare-brain'd advise of his young Cavaelieres; for though he followed not their ancient prudent counsell, yet he with-drew not himselfe from them, as his Majesty now severs himselfe from his Parliament, not only without but against all precedents of his Royall predecessors, except KingddGrafton, p. 348, 349, 350. Richard the second (who once absented himselfe from his Parliament above forty dayes, yet then returned to p. 43it upon better advise) and the very common custome and Law of the Land, (which he is obliged by his Coronation Oath, and many late Protestations added to it, constantly to maintaine.) This appeares most clearely by the ancient Treatise, Of the manner of holding of Parliaments in England, both before and since the Conquest, (**See Mi…shes Dictionary. lit. Parliam. f 526. tendered to and approved by the Conquerour himselfe, newly Printed 1641.) which in the Section, Touching the Kings absence from Parliament, resolves thus. The King is BOUND by all meanes possible TO BE PRESENT AT THE PARLIAMENT; unlesse he be detained or let therefrom by bodily sicknesse, and then he may keepe his Chamber, yet so as he lye not without the Manour, or Towne at the least, where the Parliament is held: and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament, that is, two Bishops, two Earles, two Barons, two Knights of the shire, two Burgesses, and two Citizens, to looke upon his person, to testifie and witnesse his estate, and give **Note this.Authority to the Arch-bishop of the place, the Steward of England, and chiefe Iustice, that they joyntly and severally should begin the Parliament, and continue the same in his name, (See 8 H. 5. c. 1. Cromptons Iurisdiction. f. 13. a. 17. b. according herewith) expresse mention being made in that Commission, of the cause of his absence there, which ought to suffice. The reason is, because there was w…nt to be a cry and murmure in the Parliament for the Kings absence, because his absence is hurtfull and dangerous to the whole commonalty of the Parliament, neither indeed OUGHT, OR MAY HE BE ABSENT, BUT ONELYONLY IN THE CASE AFORESAID. And whereas Malignants clamour, that most of the Lords are absent as well as the King, and therefore this can be no lawfull Parliament; The same Authour will informe them; That if the Lords be once summoned to Parliament, and then appeare not, or absent themselves, the King may hold the Parliament with the Commonalty and Commons of the kingdome (every of which hath a greater voyce in Parliament then the greatest Earle in England, because he represents a whole County, Towne, or City, the other himselfe alone) without Bishops, Earles, or Barons; because in times past, before there was either Bishop, Earle, or Baron, yet even then Kings kept their Parliaments; but on the contrary, no Parliament can be kept by the King and Peeres, if all the Commons (for the Kings misgovernment, or such like cause) should absent themselves. This is the judgement ofrrIn H…linsh Chron. of Ireland f. 127, 128. Master Iohn Vowel too, who writes in this manner: Yet neverthelesse, if the King in due order have summoned all his Lords and Barons, and they will not come: or if they come, they will not yet appeare: or if they come and appeare, yet will not doe or yeeld to any thing, then the Kings with the consent of his Commons, may ordaine and establish any acts or Lawes, which are as good, sufficient and effectuall, as if the Lords had given their consents. But on the contrary, If the Commons be summoned and will not come, or comming will not appeare, or appearing will not consent to doe any thing, illedging some just, weighty, and great cause; the King in these cases dd… Iurisdiction of Cou…s, f. 8. 4 H. 7, 18. 7. H. … 14 11 H. …. 27. Parliament 42 76, 33 H. 6. 17. adjudged accordingly, B… Prerogative 134.cannot with his Lords devise, make, or establish any Law. The reasons are these, When Parliaments were first begun and ordained, there were no Prelates or Barons of the Parliament, and the temporall Lords were very few or none; and then the King and his Commons did make a full Parliament, which Authority was never hitherto abridged. Againe, every Baron in Parliament, doth represent but his owne person, and speaketh in the behalfe of himselfe alone. But in the Knights, Citizens, and Burgesses are represented the Commons of the whole Realme, and every of these giveth not consent onelyonly for himselfe, but for all those also for whom be is sent. And the King with the consent of his Commons had ever a sufficient and full authority, to make, ordaine, and establish p. 44good and wholesome Lawes for the Commonwealth of his Realme. Wherefore the Lords being lawfully summoned and yet refusing to come, sit, or consent in Parliament, cannot by their folly, abridge the King and the Gommons of their lawfull proccedings in Parliament. Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament; Printed Cum Privilegio. And Sir Edward Cooke, in his Institutes on Magna Charta, proves that the Lords and Peeres in many Charters and Acts, are included under the name of the Commons and Commonalty of England. But we need not retire to this last doubtfull refuge; the Honourable faithfull Lords now present, though not so many as could be desired, are the intire House of Peeres in judgement of Law, (as those present at the election of Knights of the Shire, or Burgesses (though the major part be negligently or wilfully absent) are the whole Shire or Burrough) and the wilfull absence of the residue, though the greater number, beingeeSee Stamford f. 38. 155. 3 E. 3. 19. Coro. 161. contrary to Law, contrary to the Priviledges of Parliament, and their late Protestations, tending to the very subversion of Parliaments (for which high contempt they and their**Sec 21 R. 2. c 6. Posterities too, may justly be disabled for ever to sit as members of that House, which they have so dishonourably, if not treacherously, deserted, even asffDyer f. 60. n. Bract. Parli. 7. Crompt. Iurisd. f. 16. a. well as Knights and Burgesses, whose personall attendance is so necessary, that if during the Parliament, they absent themselves from it, about any businesses of their owne, without leave of the House, or be so sicke, or elected Mayors of a Towne, or any other judiciall Officers, so as they cannot attend the service of the House, they may thereupon be lawfully expelled the House, and a new Writ expressing the cause of their removall, shall issue for a new election of others in their places, to make the House compleat, as was resolved by the Commons House, 38 H. 8. Br. Parliament 7.) can no more disable those now present from being a true and lawfull House of Peeres, than the multitudes departing from the true Church of God, to the fa…se, disprove it to be the true Church of Christ, ggLuk. 12. 32 Matth. 13. 23. Mat. 7. 13, 14.Luke 12:32Matt 13:23Matt 7:13Matt 7:14whose true flocke is but little. In a wordhhSee Bishop Tewels Defence ef the Apologie, p 6. c. 7. Divis. 1. Bishop Bilsons true difference of Christian subjection, and unchristian rebel. part 3. p. 540, 541, 542. Bishop Pilkington of the burning of Pauls steeple. Keilway, f, 184, …. Cro…p. Iurisd. of Courts, f. 19, 20. 10 F. 4. f. 6. Stamf. Pleas, l. 33. 1. f. 153. Br. Coron 135. Antiq. Eccles. Brit. p. 229, 300. Sp. p. I 156 Mary. hist. p. 450. to 454. Iohn Vowels Chronicle of Ireland p. 127, 128, divers Parliaments have beene kept and held, and **25 E. 3. stat. 6. de Provisionibus. 31 E. 3. c. 4. 36 E. 3. c 8. 38. E. 3. stat. 2. c. 2. 7. R 2. c. 12. 3 R. 2. c. 12. 11. R. 2. Preface & …. 3. 12. 1 E. 3. c. 2. 14 E. 3. stat. 3. Preface. See 20 H. 3. c. 9. 21 H. 3. stat. of Leape yeare, 4 H3 stat of Marlbridge. 4. E. I de Big. Prolog. &. c. 6. 6 E. 1. stat. de Gloster. Preface 13 E. 1. Acton Burnel. 13 E. 1. … 43. de malefact. in part. 21 E. 1. Eschetors, 3 E. I. Quo warrante, 9 E. 2. Artic. Cleri. Pref.Acts made without Bishops or Abbots heretofore, even while they were reputed members of the Lords House, and one of the three Estates in Parliament; therefore this Parliament (which hath taken away Bishops Votes for ever) may be lawfully held, notwithstanding any Lords or Commons wilfull absence from it in person; who yet as long as they are members of the Parliament, shall still be adjudged legally present, whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement, and make binding Orders, though the Chiefe Justice and his fellowes be negligently or wilfully absent: Much more then may the Lords and Commons now present, doe the like, in case of the Kings and other Members wilfull absence, of purpose to ruine both Parliament and Kingdome, against which they are now in armes, and have levyed open warre.

Sixthly, it is most apparent both by ii1 Sam. 19, 2 0. 2 Sam. 5. 12. 2 Chron. 9. 8. Isa. 49 23. Rom. 13 4, 5. 1 Pet. 2 13, 14.1 Sam 19:22 Sam 5:122 Chr 9:8Isa 49:23Rom 13:4Rom 13:51 Pet 2:131 Pet 2:14Scripture, the verdict of allkkArist. Polit. l. 3, & 5. Plato: Agesilaus. Xenophon de Instit. Cyri. hist. Coelius Rhodig. Antiq. Lect. l. 8. c. 1. Bodin de Republica. Osorius de Rege & Regum Instit. Politicians and writers of note, thellThe Preambles of all ancient statutes, Bracton l. 1. c. 8. l. 3. c. 9. Fleta l. 1. c. 5. 17. Fortescue c. 9. to 15. Statutes of our Realmes and Lawyers, that kingdomes, Subjects, p. 45and Parliaments, were not created by God for the wils, pleasures, profit or benefit of Kings, who by birth and nature differ not at all from the meanest of their Subjects; but Kings were at first constituted, and still continued for the protection, welfare, benefit, service of their kingdomes, Parliaments, People, whose publicke Servants, Ministers, Shepherds, Fathers, Stewards, and Officers they are. Now Nature, Reason, and mm1 Cor. 3. 21 22. 23.1 Cor 3:21Scriptures resolve, that he who is instituted meerely for the benefit and service of another (as all thennGen. 1. 26. to 31. c. 9. 2, 3, 4. Psal. 8. 6, 7, 8.Gen 1:26–31Ps 8:6Ps 8:7Ps 8:8 Creatures were created for mans use, and therefore are inferiour unto man in dignity and power) is of lesse dignity, power, and jurisdiction, than the intire body of those for whose good he was instituted; as theooEphes. 6. 5. Col. 3. 22, 23.Eph 6:5Col 3:22Col 3:23 servant is inferiour to his Master; theppGen. 8. 18. c. 3. 16. 1 Cor. 11. 3 8, 9. Ephes. 5. 23, 24. 1 Pet. 3. 1. 1. & 3. 18.Gen 8:181 Cor 11:3Eph 5:23Eph 5:241 Pet 3:11 Pet 3:18 Wife to her Husband, for whom they were created; the Mayor to the whole Corporation; and the King to his whole Kingdome and Parliament: which consideration hath caused sundry Kings and Emperours, not onelyonly to adventure their lives in bloody battles, but to lay downe their Crownes for the peace and safety of their Subjects; witnesse qqSee Eutrop. Grimsi. & other in his life.Otho the first, and others; with the Examples of Moses, Exod. 32. 9. to 15, 32. Numb. 14. 11, to 15. of David, 2 Sam. 29. 17. 1 Chron. 21. 17. and Iohn 10. 11. 15. with other precedents which I pretermit. And the reason is apparent, for if the King be slaine in defence of the kingdome or People, yet the kingdome and people may remaine secure, and another succeed him in that office of trust, (In which respect a Politique body differs from a Naturall, that it hath life, continuance, and meanes to guide, defend, and Order it selfe, though the King and head be cut off by death.) But if the Realme and People be destroyed, though the King survive them as a Man, yet he must necessarily perish in and with them as a King, since he cannot possibly be a King without a kingdome and people; for whose good and safety alone he was made a King. Hence Aristotle, Polit. l. 3. c. 4. and Marius Salamonius, de Principatu, l. 2. p. 50. define a Principality, to be A just Government for the benefit of the people, respecting onelyonly the publique good and welfare, not its owne private advantage. Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Common-wealth. That as he is a Prince, he neither mindes nor commands what is advantagious to himselfe, but what is beneficiall to his Subjects; and whatever he saith or doth, he saith and doth it for the profit and honour of the Republicke; which Cicero in his Offices hath more elegantly thus translated; As the defence, so the procuration of the Common-weale is to be managed to be benefit of those who are committed, not of those to whom it is committed. And de Finibus l. 3. A good and wise man, not ignorant of his civill Office, is more carefull of the utility of all, than of any one, or of his owne: Neither is a Traytor to his Country to be more dispraised, than a deserter of the common profit and safety, for his owne profit and safety. And the Emperour **Salamonius de Principatu l. 2. p. 52. 59. See Codicis l. 1. Tit. 1. 3. Cordi nobis est, P. C. semper nostri animi curas rebus communibus avidissime impendere, &c.Titus 1:3Iustinian used this golden sentence. Quod communiter omnibus prodest, hoc privatae nostrae utilitati praeferendum esse censemus; nostrum esse proprium, subjectorum commodum Imperialiter existimantes: Imperialis benevolentiae hoc esse judicantes, in omni tempore Subjectorum commodatam investigare, quam eis mederi procuremus. I shall conclude this with **De Principatu l. 2. p. 57.Salamonius his words. Let the Prince be either from God, or from men, yet think not that the world was created by God, and in it men, that they should serve for the benefit of Princes; for it is an absurdity, above what can be spoken, to opine that men were made for Princes, since God hath made us free and equall: But Princes were ordained, ONELYONLY FOR THEIR PEOPLES BENEFIT, that so they might innocently preserve humane and civill societie with greater facility, helping one the other with mutuall benefits: Which he there largely proves by sundry Histories and Authorities. p. 46That of **Generall Hist. of Fran. p. 1069Peter Matthew being a certaine verity. All the Actions of a Prince must tend to the good and health of his people, for whom he lives, and more than for himselfe, as the Sun doth not shine and give heat, but for men, and the elements. The King then being made King, onelyonly for the Kingdomes, Parliaments, Peoples service, must needs (in this regard) be inferiour to, not Paramount them in absolute Soveraigne power; though greater, **2 Sam. 18. 3.2 Sam 18:3better than any particular Subjects.

Seventhly, The Parliament (as ourrrCrompt. lurisd. of Cour. f. 1. &c. Bract. l. 1. c. 2. 19 H. 6. 63. a, 64. b. 31 H. 8. c. 10. Dyer 60. a Cookes Instit. on Lit. f. 109, 110 Law-bookes, andssSir Thomas Smith, of the Commonweal. of England, l. 2. c. 1, 2. Holi. Descrip. of Engl. c. 8. p. 173. Cam. Brit. p. 173. Io. Vowels Order & Vsage how to keep a Parliament. in Holin. Chron. of Ireland, p. 101, to 120. Minsh. Dictionary Tit. Parliament. Writers resolve) is the most high and absolute power, the supreamest and most ancient Court of the Realme of England, and hath the power of the whole Realme, both Head and Body; and among other Priviledges this is the highest, that it is above the Law it selfe, having power upon just grounds to alter the very common Law of England; to abrogate and repeale old Lawes, to enact new Lawes of all sorts, to impose taxes upon the people: Yea, it hath power to declare the meaning of any doubtfull Lawes, and to repeale all Patents, Charters, Grants, and Iudgements whatsoever of the King or any other Courts of Iustice, if they be erroneous or illegall, not onelyonly without, but against the Kings personall consent, so farre as finally to obliege both King and Subjects. Now it is cleare on the contrary side, that the King hath not the power of the whole Realme vested in his person, that hettFortescue, c. 10 to 15. Bract. l. 1, c 8. l. 3. c. 9. Fleta l. 1. c. 5. 17. Brook. Pate. 25, 41, 12, 51, 53, 69, 73, 100 & Prerogative, 15, 103. Commissi. 15, 16. See Iudge Crooks, & Iudge Huttons Argume. against Shipmoney, petition of Right, 3 Carol. Br. Pari. 42. and his Prerogative are not above, but subordinate to the Lawes of the Realme; that he cannot by his absolute regall power, alter the Common Law of the Realme in any particular point whatsoever, that he cannot repeale any old, nor enact any new Law whatsoever, nor impose the least taxe or common charge upon his people, nor imprison their persons, distraine their goods, declare any Law, or reverse any judgement in the meanest of his Courts, without or against his peoples joynt consents in Parliament; For Potest as sua Iuris est & non injuriae; &, Nihil aliud potest Rex in terris, nisi ID SOLUM QUOD DE JURE POTEST. Bracton l. 3. c. 9. f. 107. Therefore without any peradventure, the Parliament in this regard is the most Soveraigne Authority, and greater in jurisdiction than the King.uuOf the Commonw. l. 1. c. 10 p. 159. Iohn Bodin that great Lawyer and Politician, resolves; That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes to all his Subjects in generall, and to every of them in particular without consent of any other greater, equall, or lesse than himselfe. For if a Prince he bound not to make any Lawes, without the consent of a greater than himselfe, he is then a very Subject: if not without his equall, he then hath a Companion (asxxl. 2. c. 16. f. 34 a. & l. 1. c. 8 f. 5. b. & Fleta l. 1. c. 17. Walsing. Hest. p. 36, 37, 40. Bracton and others forecited, say our English King hath; namely his Earles and Lords, thence stiled Comites:) if not without the consent of his inferiours, whether it be of his Subjects, or of the Senate, or of the People; he is then no Soveraigne. Whence it followes, that the Kings of England, who cannot make any Law to obliege either all or any of their Subjects, nor impose any Taxes, nor repeale any Common or Statute Law, but in and by their Parliaments, are no absolute Soveraigne Princes (as some Royalists and Court Divines, most falsly averre them to be) but meere mixt Politique King, inferiour to their Lawes and Parliaments, the sole Law-makers, Law-alterers, though not against, but with the Kings assent, considered not abstractively as Kings, but copulative as a branch and member of the Parliament. And indeed to speake impartially, though the Kings Royall assentyySee Sir Thomas Smiths Common-wealth of England: l. 2. c. 1, 2, 3. … Description of England, c. 8. p. 173. & Chronicles of Ireland, p. 101, 102. M. Hackwels manner of passing Bils, Sect. 8. p. 74. Brock Parliament 4. 107 33 H. 6. c. 33. 33 H. 8. c. 21. Cromptons Iurisdiction f. 7 b. Br. Parliament 26, 39, 40, 41. be generally requisite to passe and retifie Lawes: yet I humbly p. 47conceive, that the originall, prime, Legislative power of making Lawes to binde the Subjects and their Posterity, rests not in the Kings owne Royall person, or Jurisdiction, but in the Kingdome, and Parliament, which represents it.

For first, admit the King should propound any Lawes to his people (as Kings and Law-givers usually did at first) yet these Lawes would not wayes obliege them, unlesse they voluntarily consented and submitted to them in Parliament; and the sole reason why our Acts of Parliament binde the Subjects in former times, and at this day, is, not because the King willed themzz4 H. 7. 18. 7 H. 7. 14. 11 H. 7. 27 33 H. 6. 17. Br. Parlia. 4 40. 76. 107. Crompt. Iurisd. f. 8. a. Bro. Antient Demesne, 20. 10 H. 7. 20. a, 33 H. 8. c. 17. but because the people gave their generall consents unto them in Parliament, as Sir Thomas Smith in his Common-wealth of England, Holinshed, the Prologues to most ancient Statutes, (the King by the advise, and assent of the Lords Spirituall and Temporall, and Commons, and at the speciall request of the Commons in Parliament assembled, and by THE**Se… 2. 7. 8, 12 14, 17. 4 H. 7. AUTHORITY OF THE SAME PARLIAMENT, doth grant and ordaine, &c.) The Kings Coronation Oath, Quas vulgus Elegerit and all our Lawbookes resolve, and that upon this received Maxime of Law; Quod omnes tangit ab omnibus debet approbari. Hence**De Principatu l. 1 p. 35, 36. & p. 29, to 43. Marius Salamonius defines a Law to be, Expressa Civium Conventio; and averres, that Ligatur populus suis legibus, quasi pactis conventis, quae verae sunt Leges: And he likewise proves at large, That the Lawes to which Princes assent are more the Peoples Lawes than the Kings, because Kings doe passe and grant them but as the publicke Ministers of the people, and by their command and direction, and they could neither assent to Lawes, nor doe any other Act of Royalty unlesse the people had given them such authority: with which Fortescue concurres, c. 9. 13, 14. The King in passing Bils, doth but like the Minister in Marriage, declare it to be a Law; but it is the parties consents which makes the Marriage, and the peoples onelyonly that makes it a Law to binde them; whence those inaaCooke 7. Calvins case, 7 H. 6. 35 b. Dyer, 373. Br, Parliament, 98. Scotland, Ireland, Man, Garnsey, and Iersie are not bound by our English Statutes, nor Tenants in Ancient Demesne, as hath beene oft times judged; because they consented not to them. Therefore the chiefe Legislative power is in the people and both Houses of Parliament, not in the King: as it was in the Roman State, where thebbL…vie Hist. l. 1 & 2. Bod …n Commonwealth, l. 1. c. 10. people had the Soveraigne Jurisdiction of making and confirming Lawes to binde them, not their Kings, Emperours, or Senate, as I shall hereafter manifest.