The Sovereign Power of Parliaments and Kingdoms, Text (3 of 4)

The Sovereign Power of Parliaments and Kingdoms · Text (3 of 4)

p. 47Secondly, This appeares by the case ofccFitz. Assise, 413. Avowry 74 Pres…rip. 67. Br. Custome 31. Co. 5 Rep. f. 63, 64 67, 68. Kitchin 45, 73. 80. Customes, of By-Lawes in Corporations and Manours, which binde all the Corporation and Tenants (if they be reasonable) without the Kings or Lords consents, by reason of their mutuall assents alone; and as these private By-Lawes oblige all those who consent to them by reason of their ownefree assents onelyonly, so doe all publicke Acts of Parliaments obliege all Subjects, onelyonly because of their generall assents to them in their Knights, Citizens, and Burgesses, elected by and ddSect … Iac. c.representing their persons.

Thirdly, allee33 H. 6. 17. Br. Parli. 4. Mr. Hackwel, of passing Bils, Crom. …uris. f. 8. Chron. of Ireland f. 127 to 130. Bills or Acts of Parliament are usually made, framed, altered, thrice read, engrossed, voted and fully agreed upon in both Houses, without the Kings personall knowledge or privity for the most part, before they come to have his Royall assent. And when they are thus agreed on by both Houses, the King cannot alter any one word or letter in them (as the Houses may doe) but must either absolutely as…ent to, or consider further of them. And if the King send any Bill he desires to have passe, it must be thrice read and assented to in both Houses (which have power to reject, alter, enlarge, or limit it as they thinke meete) else it can be p. 48no Act at all. A cleare Demonstration, that the chiefe power of enacting and making Lawes is onelyonly in the people, Commons, and Peeres, not the King: who by his Writ doth purposely summon them to meete and enact Lawes, as the chiefe Legislators. Witnesse this notable clause in theyyCromp. Iuris. of Courts, f. 1 2. & at the end of the manner of holding Parliaments in England Writ for the Election of Knights, and Burgesses: Ita quodiidem Milites plenam & sufficientem Potestatem pro SE & COMMUNITATE Comitatus praedicti, & dicti Cives & Burgenses pro SE & COMMUNITATE Civitatum & Burgorum praedictorum divisim ab ipsis habeant, AD FACIENDUM ET CONSENTIENDUM HIS quae tunc & ibidem DE COMMUNI CONSILIO DICTI REGNI (not Regis) nostri contigerint ORDINARI super negotiis antedictis. Ita quod PRO DEFECTU POTESTATIS HUJUSMODI, &c. dicta negotia INFECTA NON REMANEANT quovis modo: answerable to which is that clause in Pope Elutherius his Epistle to our first Christian King Lucius, about An. 185. Ex illis Dei gratia, PER CONSILIUM REGNI VESTRI SUME LEGEM, & per illam Dei potentia vestrum reges Britania regnum.

Fourthly, all publicke Acts are the whole Kingdomes Lawes, not Kings alone, made principally and solely for the Subjects benefit, if good; their prejudice, if ill: therefore the whole Kingdome (represented in and by both Houses, not the King) knowing much better what is good or bad for themselves, than the King alone, it iszzSee r s t u before. just and reasonable that they, and not the King, should be the principall Lawmakers, to binde or burthen themselves with any new Lawes, penalties or restraints.

This is the ground of that notable Rescript of the Emperour Theodosius to the Roman Senate; which proves the Roman Emperours to have no right, nor power to declare or make Lawes, but by the Senates concurring assent and approbation, **Iustinian Cod. l. 1. Tit. 17. Lex 8.Humanum esse probamus, si quid de caetero in publica privatave causa emerser it necessarium, quod formam generalem & antiquis Legibus non insertum exposeat, id AB OMNIBUS autem tam Proceribus nostri Palatii, quam gloriosissimo caetu vestro, Patros conscripti, tractari: & si UNIVERSIS tam Iudicibus, quam VOBIS placuerit, tunc legata dictari; & sic ea denuo COLLECTIS OMNIBUS recenseri: & CUM OMNES CONSENSERINT, tunc demum in sacro nostri numinis consistorio recitari: ut UNIVERSORUM CONSENSUS, & nostrae Serenitatis authoritate firmetur. Scitote igitur, Patres conscripti, NON ALITER IN POSTERUM LEGEM a nostra clementia PROMULGANDAM nisi supradicta forma fuerit observata. Bene enim cognoscimus quod cum vestro consilio fuerit ordinatum ID AD BEATITUDINEM NOSTRI IMPERII ET AD NOSTRAM GLORIAM REDUNDARE. Therefore doubtlesse he deemed the Senate the chiefe Legislators, as knowing better than himselfe, what conduced to the beatitude of the Empire, and to his owne Imperiall honour, and never dreamed of any negative voyce annexed to his Imperiality, to deny such Acts as they once Voted for usefull publicke Lawes.

Fifthly, It is cleare, that all Acts which give any Subsidie, Taxes, Penalties, or forfaitures to the King, are made onelyonly by the People in Parliament, and not principally by the King, since the King cannot be said in any propriety to give any thing to himselfe. This is undenyable by the forme of penning all subsidie Bills granted by the Commons or Clergy. Your Commons assembled in your High Court of Parliament, p. 49&c. humbly present your Majesty with the free and chearefull gift of two entire Subsidies, which we humbly beseech your Majesty graciously to accept, &c. Your Majesties faithfull Subjects the Prelates and Clergie, &c. with one agreement and uniforme consent, have given and granted, and by these presents doe give and grant to your Highnesse, &c. foure intire Subsidies, in manner and forme as followeth. And by the Kings assent to these Bills, aaHackwels passing of Bils, sect. 8 p. 78.Le Roy remercy ses Loaulz Subjects accept LOUR BENEVOLENCE, &c. the Commons having the sole power to grant or denybbSee Ras…all Tax. & Tenths the Acts of Subsidies, 21 Iac. & this present Parliament. …. p. 745. Subsidies and Taxes when they see cause, and to limit the proportion of them, the manner and time of paying them; and to order how and by whom they shall be received and imployed; as all Acts of this nature manifest. If then they be the chiefe Law-makers in these Acts which lay any imposition upon the Subjects goods, or restraint on his person; then by like reason in all other penall publicke Lawes. This is infallibly cleare by the Kings**See part 2 p. 74, 75. Coronation Oath; who sweares, That he will grant, fulfill and defend ALL RIGHT FULL LAWES and CUSTOMES the which THE COMMONS OF THE REALME SHALL CHUSE, and shall strengthen and maintaine them after his power. If the Commons then are to chuse Lawes, and the King by his Oath bound to grant, strengthen, maintaine and defend them when chosen by them, then doubtlesse they are the chiefe Legislators, not the King; whence Fortescue c. 9. resolves, That the People of England, are ruled by such Lawes as themselves chuse or desire: And that their Lawes are their owne, not the Kings.

Seventhly, all Acts of Parliament made in the Reignes of usurpers who have no Title to the Crowne, nor right to assent to Lawes, areccSee 1 E. 4 c. 6. 4 E. 4. 10, 9 E. 4. 1, 2. Br. Charters de Pardon, 22. 13 Eliz. c. 1 firme and good in Law, and shall binde the right heires to the Crowne, as is evident by the Lawes made by King Iohn, Henry the 4, 5, & 6. (reputed usurpers by Edward the 4.) and Richard the 3. acknowledged an usurper, whose Lawes are yet in force. The reason is (as is cleare by 1 E. 4. c. 6.) because these Lawes, and all other Judiciall Acts in Courts of Justice, are the Acts of the Parliament and Courts themselves, which are lawfull; not of the usurping King, who is unlawfull. Therefore certainely the Legislative power is more in the Parliament tha… in the King, if not wholly in it, there being Lawes and kingdomes before Kings were.

Eightly, There are good and binding Lawes in many Aristocraticall and Democraticall States (as inddSee the Republicke of those states, & Bodin, l. 1 c. 10. l. 2, c. 3, 4, & 5. Venice, the Netherlands, Geneva, Florence, Switzerland, and other Republickes) where there are no Kings at all: Yea, there were such obligatory Lawes in Bohemia, Poland, Sweden, Spaine, Hungary, and other Realmes, before they were erected into kingdomes; which remained in full force, and efficacy, and still bound both King and People after they became kingdomes; And theeeArist. Polit. l. 1, 2, 3, 4, 5. Godwins Roman Antiquities. Romans, Athenians, Lacedemonians Lawes of old, made under their Kings, survived and continued in their vigour, after their Kings were abandoned, and the very forme of their states quite altered into an Aristocracy; yea the Lawes made by the Roman Senate and People, continued in force after their Emperours were erected; and the very Lex Regia (recorded byffDe principatu l. 6. p. 120, 10 126. Salamonius) which created, limited, and defined the very Prerogative, Power and Authority of the Roman Emperours, was made onelyonly by the Senate and People, who by that Law gave sometimes more Authority to one Emperour than to another; and restrained the power of some Emperours more than others, and subjecting them to some Lawes from which they exempted others; and therefore doubtlesse were the supreamest Lawgivers, and the Soveraigne power above the Emperour) asggDe principatu l. 1, 2, 3, 4, 5, 6. passim. Marius Salamonius, p. 50and**Iustin. Codicis l. 1. Tit. 17 Lex 4. Bodin prove at large. And the Emperour Theodosius is not ashamed to professe as much in his Edict to Volusianus, in these termes: Digna vox Majestate regnantis LEGIBVS ALLIGATVM SE PRINCIPEM PROFITERI: AD EO DE AVTHORITATE IVRIS NOSTRA PENDET AVTHORIT AS: & revera majus Imperio est summittere Legibus Pincipatum. Etoraculo praesentis Edicti, Quod NOBIS LICERE NON PATIMVR, aliis indicamus. If then Lawes may thus be made where there are no Kings, by the peoples joynt consents alone; If Lawes enacted in a State before by consent it be made a Kingdome, remaine in force after it is erected into a kingdome, and continue after it ceaseth to be a kingdom, only by and for the people, consenting to them; as is evident by infinite, examples; and the people, Parliament, Senate, have anciently made, and may make Lawes even to binde their Kings, and Soveraignes themselves in points of their Prerogative and power; then doubtlesse they, and not Kings are the chiefe Soveraigne Legislators; and their Royall assents to Lawes, are no wayes essentiall to the very being of Lawes, but rather a complementall Ceremony.

Ninthly, admit the King should dye without Heire, no doubt the kingdome and Parliament have a just right either to alter the government, or dispose of the Crown to what family they please (as the constant practise of all kingdomes in such cases manifests, andddThe true difference, &c. part 3. p. 416. Bishop Bilson himselfe assureth us; That all Nations once members of the Roman Empire, when the right Heires failed, were suffered to elect their Governours, where they pleased, as the Romans themselves might doe) and no doubt they may make binding publike Lawes during the Inter-regnum: as the kingdome and Estates of **Hieron. Blan…a Rer. Arag. Com. p. 588, 589.Aragon did during their Inter-regnums. Yea, if the King be an infant (as Henry the 3, Henry the 6. Edward 3. 5. and Richard 2. with other our Kings were, when the Crowne descended to them) or non Compos Mentis, or taken with a dead Palsie or Apoplexie, or an Ideot by birth or Age, or a Monke professed, (aseeFox Act. & Monu. vol. 1. p. 173. Spee. Hist. p. 244. some Kings have beene) or absent in a Pilgrimage to Rome, or a voyage to the Holy Land, (As the**Mat. West. An. 1273. p. 353. Dan. p. 185. See Speed & Holin. 1 E. 1. Lords and State Assembled at the New Temple, after the death of King Henry the third, during his Sonne King Edward the 1. his absence in the Holy Land, Proclaimed him King, swore fealty to him, CAUSED A NEW SEALE TO BE MADE; appointed …it Officers and Ministers, for the Custody of his Treasure and Peace, and proclaimed his Peace throughout the Realme) or other remote foraine parts by reason of warres, asffSee Nubrig. Spee. Hol. Mat. West. & others in the lives of R. 1. H. 1, 2, 3, 4, 5, 6, 7, 8. Ed. 1, 2, 3, 4. divers of our Kings heretofore have beene; and so unable personally to consent to Lawes; no doubt in all such cases, the right of creating a Protector to execute regall power, summon Parliaments, assent to Lawes, is onelyonly in the ggWalsing hist. Angl An. 1422. p. 458. Spee p. 1108. Graft. p. 496, 447, 648. Fab p. 470, Hall f. 176 to 183. Hoved. Annalpars posterior. p. 702, 703, 705, 706.Parliament, which may in these cases make any publicke Acts without the Kings personall presence or assent; and the assent; of the Regent or Protector, usually created by them, shall as firmely binde the King, as if he had personally consented, as is evident by all the Acts of Parliament passed during the minority ofhhActs & Mon. old Edit p. 705. See Hol. Speed, Graft. in their lives. Henry the third, who was but nine yeares old; Edward the third, who was but thirteen; Richard the second, who was but eleven yeares of age; Henry the sixt, who was but nine moneths old; Edward the sifth, but twelve yeares; Henry the eight not eighteene yeares; Edward the fixt but nine yeares of age, when they began their Reignes; and so uncapable of giving any personall consent to Lawes by themselves (of which they could not judge, but by their Protectors,) and by all Acts made in the absence p. 51of KingiiSee Hoveden Annal. pars posterior, p. 702, 703, 705, 706. Richard the first, Edward the 1, 2, 3, 4. Henry the 3. 2, 3, 4, 5, 6. and others out of the Realme; all good and binding Lawes, as appeares by 28 H. 8. c. 17. which altered, and 33 H. 8. c. 22, which declareth the Law in these particulars. A cleare demonstration, that the Parliament is the most absolute Supreame power, and Law-giver, not the King.

Tenthly, The King hath little or no hand in making, but onelyonly in assenting to Lawes, when they are made by the Houses; as the usuall forme of passing Acts (Le Royle veult, The King wills (or assents to) it, not before, but after they have passed both Houses, imports: which assent of his, if the Bils be publike and necessary for the Common good, is not meerely arbitrary at the Kings will, but the King by Oath and duty is bound to give it, and the Lords and Commons may in justice demand it of meere right, as I shall shew anon. His Royall assent then, though it be the last act which compleates Bils, and makes them Lawes, yet since it is but an assent to a Law formerly made by both Houses, which he cannot alter in any point: Yea, an assent, which the King in Honour, Law, Justice, Duty, by vertue of his Coronation Oath, is bound to give, as appeares by the Prefaces of most Statutes, the Statute of Provisours, 25 E. 3. Parl. 6. 20 E. 3. and other Acts) it is so farre from proving the King the Supreame power and Law-giver, that it manifests the contrary, that this power principally resides in both the Houses, not the King.

Eleventhly, The kingdomes Soveraignty and supreame jurisdiction above the King is most apparent by those Coronation Oathes, which Parliaments and the kingdome anciently, long before, or at leastwise in King Edwards dayes, before and ever since the Conquest, have prescribed to our Kings ere they would accept of them for their Soveraignes, of which I shall give you a short account.

Before the Conquest, I read innnFox Act & Mon. Edit. 1641. vol. 1. p. 214. & Lambards Archaion, Leges Edwardi c. 17. Bishop Bilson, par. 3 p. 494. King Edward the Confessors Lawes, not onelyonly the Office, but Oath of the King of England, (whom he and Bracton oft stiles, Gods and Christs Vicar upon earth) thus excellently described. A King ought above all things to feare God: to love and observe his Commandements, and cause them to be observed through his whole kingdome: He ought also to set up good Lawes and customes, such as be wholesome and approved, such as be otherwise, to repeale them and thrust them out of his kingdome. Item, he ought to doe Iustice and Iudgement in his kingdome, by the counsell of the Nobles of his Realme. All these things ought the King in his owne person to doe, taking his Oath upon the Evangelists, and the blessed Reliques of Saints; swearing in the presence of the whole State of his Realme (as well of the temporalty as of the spiritualty) before he be Crowned of the Archbishops and Bishops. Three servants the King ought to have under him as Vassals, fleshly lust, avarice, and greedy desire, whom if be keepe under as his servants and slaves, he shall Reigne well and honourably in his kingdome. He must doe all things with good advisement and pre…e ditation: and that properly belongeth to a King: for hasty rashnesse bringeth all things to …; according to the saying of the Gospell; Every kingdome divided in it selfe shall be brought to desolution. MasterooVol. 1. p. 214 Fox informes us, that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes, but the most part of them be omitted, contrary to his Oath at his Coronation. Indeed, I finde not in**In the life of William the first. William of Ma…esbury, Henry Huntingdon, Matthew Paris, or Westminster, that William the Conquerour tooke this Oath at his Coronation; but onelyonly, that he was received by the Clergie and people at London in great triumph, & AB OMNIBUS REX ACCLAMATUS, and proclaimed King by them all, and then Crowned: but Roger p. 52de Hoveden, and Daniel out of him, are expresse in point; that according to the accustomed forme, the Bishops and Barons of the Realme tooke their Oathes, to be his true and loyall Subjects; and he reciprocally, being required thereunto by Aldred, Arch-bishop of Yorke, who Crowned him, made his personall Oath before the Altar of the Apostle Saint Peter, in the presence of the Clergy and People; That he would defend the holy Churches of God, and the Rectors of the same: Likewise that he would govern all the people Subject to him justly, and with royall providence: RECTAM LEGEM STATUERE ET TENERE, (which referres to future Lawes) that he would establish and observe RIGHTEOUS LAWES; and that he would utterly prohibit rapines, and unjust judgements. Nor did he claime any power by Conquest, but as a regular Prince submitted himselfe to the Orders of the kingdome; desirous to have his Testamentary title (howsoever weake) to make good his Succession, rather than his Sword; the flattery of the time onelyonly giving him the Title of Conquerour afterwards; but himselfe not claiming it. But William soone after forgetting this his solemne Oath, did (as**Hist. p. 440, 441. Speed with others write) abrogate for the most part, the ancient Lawes of the Land, and introduce new hard Lawes of his owne, written in the Norman tongue, which the people understood not, and the Iudges wrested at their pleasures, to the forfeiture of Goods, Lands, Life. Hereupon the Nobility and Natives, seeking to cast off these snares and fetters of his Lawes, set up Edgar Atheling for their King and Generall once again, & fell into a new conspiracy, raising great forces, & resolving to make the sword their judge. The King hereupon by Lanfrankes advise, who as Rehoboams sages, gave him counsell, somewhat to beare with their abuses, rather than hazard the ruine of all in fight, appointed a meeting at Berkhamsteed, Anno 1172. Where the King entring parley with the English Nobility, did so farre winde himselfe into their good opinions, that they all forthwith laid downe their weapons. And he for his part fearing to lose the Crowne with shame, which he had gotten with effusion of so much blood, gave his Oath upon the holy Evangelists, and the reliques of Saint Albane the Martyr (the same being ministred to him by Abbot Fredericke) swearing to observe, and inviolably to keepe the ancient Lawes of this Land, and most especially those compiled by King Edward the Confessor; though (as the event soone shewed) he little meant to doe as he promised. Peace thus established; this conference ended, and the Kings Oath received, the English Armies disband themselves, as dreaming they had now good fortune by the foote, and hoping the greatest stormes of their dangers were past; which presently proved but a vaine surmise. For King William having compounded with the Danes, began extreamely to hate the English Nobles, and with full resolution of their destruction, suddenly set upon them apart, which hee durst not attempt when they were united; so that **See Huntindon hist. l. 7. p. 369. Mat. Par. hist p. 6.slaying many, imprisoning others, and persecuting all of them with fire and sword, well was he that could be first gone. Such little faith, or assurance is there in the solemne Oathes and Protestations of Kings to their Subjects; which are seldome really performed, and intended onelyonly as snares to intrap them, if they confide and rely upon them without any better security.

aaMat. Westm. An. 1088. Eadmerus hist. l. 1. p. 13, 14, Matth. Paris hist. p. 12, 13. Speed, hist. p. 456. Graft p. 21, 22. Malmsb. l. 4. p 119, 120.After the death of William the Conquerour, William Rufus his younger sonne, in the absence of Robert the elder Brother, hastens into England, to obtain the Crown; and finding the greatest part of the Nobles against him; he gave his solemne Oath and faith to Lanfranke Arch-bishop of Canterbury his Tutor, that if they would make choise of him for their King, he would abrogate the over-hard Lawes of his Father, and promise to observe justice, equity and mercy throughout the kingdome in every businesse, and defend the Peace p. 53and Liberty of the Church against all men; and ease them of all hard taxes. Upon which conditions, volentibus omnibus Provincialium animis, by the voluntary consent and voyces of all, he was chosen and Crowned King. Which promise and Oath he soone after brake; saying, Who is it that can fulfill his promises? Whereupon many of the Nobles, levyed warre against him, adopting Robert his elder Brother King.bbMat. Par. p. 52, 53, 54 Eadmerus hist. l. 2. p. 55. W. Malms. l. 5. p. 156 H. Hunt. l. 7. p. 378 Roger Hoveden, annal pars 1. p. 468. Polych l. 7 c. 11. Fab. par. 7. c. 226. p. 318. Graft. p. 32 Sp. p. 466, 467. William Rufus dying, Henry the first his younger Brother, in the life of Robert the right Heire assembling all the Clergy and people together to London, to procure their favour and love to chuse him for their King and Patron, He promised the Reformation of those Lawes, by which England had beene oppressed in the Reignes of his Father and Brother. To which the Clergy and Nobles answered; That if hee would with a willing minde reforme those rigorous Lawes, remit the Taxes imposed upon the Subjects, and by his Charter confirme those ancient Lawes and Customes which flourished in the kingdome in the time of holy King Edward, they would unanimously consent to him, and consecrate him for their King. Which he willingly assenting to, and affirming with an Oath that he would performe; he was by the assent both of Clergy and people consecrated King at Westminster, promising by Oath, to confirme King Edwards Lawes, and renounce all oppression; in pursuance whereof as soone as he was created, he by his Charter confirmed and reformed divers Lawes for the ease and benefit of his Subjects, recorded at large by Matthew Paris, Speed, and others. The beginning of this Charter is observable. Henry by the Grace of God, of England, &c. Know ye, that by the mercy of God, and COMMON COUNSELL of the Barons of the Kingdome of England, I am Crowned King. And because the kingdome was oppressed with unjust exactions, I, out of respect to God, and the love I beare towards you all, make the Church of God free, &c. And all the evill customes wherewith the kingdome of England was unjustly oppressed, I take from thence, which evill customes I here in part set downe. And in the end of his Charter, he confirmed and restored to them King Edwards Lawes, with those amendments of them which his Father made by the consent of his Barons. After which, those Lawes of his were published through all England, and Ranulph Bishop of Durham banished the Court and committed to the Tower, for his oppression, bribery, and other crimes. Henry deceasingccMat. Par. hi. p. 73. Malm. novellae hist. l. 1. p. 178, 179, 180 Hen. Hunt. l. 8. p. 386, 387. Hove. p. 481, 482. Ma. West. An. 1136. p. 35. Sp…p. 483 484. Graf. p. 41, 42. Maude the Empresse his right Heire (to whom the Prelates and Nobles had sworne fealty in her Fathers life time) was put by the Crowne by the Prelates and Barons; who thought it basenesse for so many and great Peeres to be subject to a woman, and that they were freed of their Oath by her marrying out of the Realme, without their consents, and Stephen Earle of Mortaine (who had no good Title) assembling the Bishops and Peeres at London, promising to them an amendment of the Lawes according to all their pleasures and liking, was by them all proclaimed King; whereupon they all tooke their Oathes of Allegiance to him, conditionally; to obey him as their King; so long as hee should preserve the Churches Liberties, and keepe all Covenants, and confirme them with his Charter; according to the old Proverbe; Quamdiu habebis me pro Senatore, & ego te pro Imperatore. All this the King at his Coronation swore, and promised to God, the people, and Church to performe. And presently after going to Oxford, he (in pursuance of his Oath) there sealed his fore-promised Charter of many indulgent favours: the summe whereof was this.

That all Liberties, Customes, and Possessions granted to the Church, should be firme and p. 54in force; that all bad usages in the Land touching Forests, exactions, and annuall Taxes which his Ancestors usually received, should be eternally abolished; the ancient Lawes restored; prefacing therein, ddAssensu. Cleri & populi in Regem Angliae electus, Malm. p. 179.That he obtained the Crowne BY ELECTION ONELYONLY; Haec autem specialiter, & alia multa generaliter, se servaturum juravit; sed nihil horum quae Deo promiserat, observavit, write Matthew Paris, Hoveden, and Huntindon. Pene omnia perperam mutavit, quasi ad hoc tantum jurasset, ut praevaricatorem Sacramenti se regno toti ostenderet, saith Malmesbury.**See Speed p. 483, 484. Granting those immunities rather to blinde their eyes, than with any purpose to manacle his owne hands with such parchment chaines: Such faith is to be given to the solemnest Oathes of Kings. But this his perjury was like to cost him his Crowne, his Prelates and Peeres thereupon revolting unto Maude. The form of King Henry the second his Oath I finde not; onelyonly I read eeHoveden p. 491. Graf. p. 50.that upon his Coronation he caused the Lawes to be reformed, by advise of discreet men learned in the Law, and by his Proclamation commanded, that the good Lawes of his Grand-father Henry should be observed and firmely kept throughout the Realme. Wherefore it is probable, he tooke the same Oath that he did. ffMat. Par. p. 147. Hoved. p. 657. Walsi. Tpodig. Neustr. An. 1189. p. 45, 46. Speed p. 530.Richard the first, succeeding, at his Coronation in Westminster Church comming to the High Altar, before the Clergy and people tooke this solemne Oath upon the Holy Evangelists, and many Saints reliques. 1. That all the dayes of his life he would be are peace, honour, and reverence to God, and holy Church, and the ordinances thereof. 2. That to the people committed to his charge, he would exercise Right, Iustice and Equity. 3. That he would abolish naughty Laws and Customes if any were brought upon his kingdome; and would enact good Lawes, and thesame in good sort keepe, and without Mal-engin. Which Oath most solemnely taken, Baldwin Arch-bishop of Canterbury, standing at the Altar, forbad him in the name of Almighty God, to assume that honour, UNLESSE HE HAD A FULL PURPOSE TO KEEPE WHAT HE HAD SWORNE; Whereunto Richard ASSENTING, and promising by Gods helpe to performe all the premises WITHOUT FRAUD; With his owne hand humbly taking the Imperiall Crowne from the Altar, delivered it to the Archbishop, who set it on his head. ggHoveden p. 793 Mat. Par. p 189, 190. Sp. p. 548, 549. 550. See Poly. Virg. Hol. Dan. p. 127, 128.King Richard deceasing, Iohn his younger Brother, to put by Arthur the next heire to the Crowne, came speedily out of Normandy into England; where the great assembly at Northampton, to preserve their Rights and Liberties, were content to accept of him for their King, to yeeld fealty, and keepe faith and Peace to King Iohn upon condition onelyonly, if he would restore to every of them their Rights; which, he afterwards violating it, was the occasion of great dissentions. Comming to London to be Crowned, Hubert Archbishop of Canterbury, (the Pillar of the Common-wealths stability, and incomparable for deepe reaching wisedome) steps forth in the midst of all the Bishops, Lords, Barons, and others there assembled at his Coronation, and spake thus unto them. Heare yee all, you are in discretion to know, that no man hath right, or any other fore-title to succeed another in a kingdome**Astrange Archie piscopal Doctrine. unlesse first (with invocation for grace, and guidance of Gods Spirit) he be BY THE BODY OF THE KINGDOME THEREUNTO CHOSEN, and be indeed some choyce man, and picked out for some eminency of his vertues, according to the example and similitude of Saul the first anointed King, whom God set over his people, though neither the Sonne of a King nor of any royall descent. So after him likewise David the son of Iesse; the one for being valorous, and a person fitting Royall dignity, the other for being holy and humble minded. To shew, that whosoever in a kingdome excelleth all in valour and vertue, ought to surmount all in Rule and Authority: yet so, as that, if any of the Of-spring of a deceased King surpasseth others, it is fit joyntly to consent in election of such a one. This therefore p. 55we have spoken in favour of eminent Earle John, who is present, the Brother of our most illustrious King Richard now deceased, wanting an heire of his body; whom being provident, valiant, and truely noble, we having invocated the grace of the holy Spirit, have all unanimously ELECTED, as well in regard of his Merits, as of his royall Blood. Neither durst any doubt or demurre on these things, knowing that the Arch-bishop had not thus defined without cause. Wherefore Earle Iohn, and all men approving this speech, they ELECTED and ASSUMED the Earle for their King, and cryed out saying, Let the King live. But the Arch-bishop being afterwards demanded, why he had spoken these things? answered, That he was assured by some divining foresight, that King John would worke the ruine of the kingdome, corrupt the Crowne, and precipitate it into great confusion. And that he might not have the reines free to doe this, he OUGHT TO BE CHOSEN BY ELECTION, NOT BY SUCCESSION. King Iohn at this his Coronation was involved in a threefold Oath: namely, That hee should love holy Church and its Ministers, and preserve it harmelesse from the incursion of Malignants; That abolishing perverse Lawes, he should substitute good ones, and exercise Right judgement in the kingdome of England. After which he was adjured by the Arch-bishop, in the behalfe of God, and strictly prohibited, not to presume to accept this honour unlesse he fully purposed in his minde, actually to fulfill what he had sworne. To which he answering, promised that by Gods assistance he would bona fide keepe those things which he had sworne. After which he rightly setled the affaires of England by the counsell of his Nobles, and then passed over into Normandy. But how ill he kept this his Oath, with others of this nature; and how he violated the Statutes of Magna Charta and De Foresta, which he had confirmed with his hand, seale, Oath, Proclamations, the Bishops Excommunications, yea, the Popes Bull, within three moneths after he had confirmed them, and procured a dispensation of his Oath, an abrogation of these Lawes from the Pope, making bloody warres upon his Barons and Subjects (who confiding to those confirmations and royal promises expected no such strange performances) spoyling, robbing, destroying his people every where, in the selfe-same manner as we now are plundered; **See before p. 9, 10. Mat. Par. p. 243, to 247. worthy reading & considerationthe Histories of his life too manifestly relate; which oft put his Crown in danger of utter losse, Lewis of France being Crowned King by the Barons in his stead, who renounced their allegiance to him, for his perjuries and breach of faith and making warre upon them. Iohn departing this life, his son Henry being but 9. yeares old, was proclaimed King, through the perswasion of the Earle Marshall and of Pembroke (afterwards made his Protector,) who informed the Lords and Commons, hhFox Acts & Mon. Edi…. ult v. 1. p… 334. Speed p. 591.that though King Iohn for his evill demeanours deserved their persecution and losse of his Cowne, yet his young child, tender in yeares, was pure and innocent from his Fathers doings. Wherefore sith every man is to be charged with the burthen of his owne transgressions, neither shall the childe (as Scriptures teach) beare the iniquity of his Fathers, they ought of duty and conscience, to beare themselves mildly towards this tender Prince, and take compassion of his age. And for as much as he was Iohns naturall and eldest sonne, and ought to be their Soveraigne, let us with one joynt assistance APPOINT HIM our King and Governour, let us reneunce from us Lewys the French Kings Sonne, and suppresse his people, which are a confusion and shame to our Nation, and the yokes of their Servitude let us cast from our shoulders. Upon which perswasion… Henry was presently proclaimed and Crowned King at Glocester: And though he were but an infant, yet being iiMat. Par. p. 278, 306.set before the High Altar, he swore before the Clergy and people upon the Holy Evangelists and divers Saints Reliques, Ioceline Bishop of Bath dictating the Oath; That he would beare honour, peace and reverence to God, to holy Church and Priests, all the dayes of his life. He likewise swore, that he would maintaine right justice among the People committed to his charge; And that he would blot out ill Lawes and unjust customes, p. 56if there should be any in the kingdome, and observe good ones, and cause them to be kept by all men: How well he observed this solemne Oath, with many others of like nature made to his Lords and Subjects, for confirmation of Magna Charta, and their Liberties, kkIn his Edition Tigu 1589 p 876. 938, 958, 959, 960.Matthew Paris will informe us; who writes, That the King in all his Oathes and promises did so farre transgresse the bounds of truth, that the Prelates and Lords knew not how to hold this Proteus, the King; for where there is no truth, there can be no fixed confidence: That though be sometimes humbled himselfe, confessing that he had beene often bewitched by ill counsell, and promised with a great Oath solemnely taken upon the Altar and Coffin of Saint Edward, that he would plainely and fully correct his former Errors, and graciously condescend to his naturall Subjects good counsell; yet his frequent preceding breaches of Oathes and promises, Se penitus incredibilem reddiderunt, made him altogether incredible, so that (though he usually heard three Masses every day, but seldome any Sermons (as llHist. Aug. p. 1,Walsingham notes) yet none would afterwards beleeve him, but ever feared and suspected his words and actions, and to avoid the infamy of perjury, which he feared, he sent to the Pope to absolve him from his Oathes he repented of, who easily granted him an absolution. Such faith, such assurance is there in the Oathes, the Protestations of Princes to their Subjects; whose Politicke capacities oft times have neither soule nor conscience, and seldome keepe any Oathes or promises, no further than it stands with their owne advantages, reputing onelyonly pious frauds, to over-reach and intrap their credulous people. This perfidiousnesse in the King, made his long Reigne full of troubles, of bloody civill warres, and oft times endangered the very losse of his Crowne and Kingdome, as our Historians informe us, for which he repented and promised amendment at his death.

mmLib. 3. c. 9. f. 107.Bracton an antient Lawyer in this Kings daies, writes. That the King in his Coronation OUGHT by an Oath taken in the name of Iesus Christ, to promise these three things to the people subject to him. First, that he will command and endeavour to his power, that true peace shall be kept to the Church and all Christian people in his time. Secondly, That he will prohibit rapines (or plunderings) and all iniquities, in all degrees. Thirdly, That in all judgements he will command equity and mercy, that so God who is gracious and mercifull may bestow his mercy on him, and that by his justice all men may enjoy firme peace. For (saith he) a King is SACRED and ELECTED (to wit, by his Kingdome) for this end, to doe justice unto all; for if there were no justice, peace would be easily exterminated, and it would be in vaine to make Lawes, and doe justice unlesse there were one to defend the Lawes, &c.

The forme of the Kings Coronation & Oath ever since Edward the second hath beene this, and is thus administred. ppMag. Char. Printed Cum Privilegio London 1558. part 2. f. 1640, Iuramentum Regis quando coronatur Remonstrance, Nov. 2. p. 25. to 38.The Metropolitan or Bishop that is to Crowne the King, with a meane and distinct voyce shall interrogate him, if he will confirme with an Oath the Lawes and Customes granted to the people of England, by ancient, just, and devout Kings towards God, to the same people, and especially the Lawes, and Customes, and Liberties granted by glorious King Edward to the Clergie and People. And IF HE SHALL PROMISE that he will assent to all these; Let the Metropolitan or Bishop expound to him, what things he shall sweare, saying thus. Thou shalt keepe to the Church of God, to the Clergie and people, peace intirely, and concord in God, according to thy power; The King shall answer, I will keepe it. Thou shalt cause to be done in all thy judgements, equall and right justice, and discretion, in mercy and verity, according to thy power: He shall answer; I will doe it. Thou grantest just Lawes and Customes to be kept, and thou dost promise. that those Lawes shall be protected and confirmed by thee to the honour of God, QUAS VULGUS ELEGERIT, which the people shall chuse, according to thy power: He shall answer; I doe grant and promise. And there may be added to the foresaid Interrogations, what other things shall be just. All things being pronounced, he shall with an Oath upon the Altar presently taken before all, confirme that he will observe all these things.

There hath beene a late unhappy difference raised betweene theqqSee the Parliaments Remonstrance of the 26 of May, p 9. His Majejesties Answer thereto, p. 16, 17. & the Parliaments Reply, Nov. 2. p. 29. to 38. King and Parllament about the word ELEGERIT; the Parliament affirming the word to signifie, shall chuse; according to sundry written Rolles and Printed Copies in Latine and French; the King on the contrary arffiming, it should be hath chosen; But he that observes the words of these ancient Oathes: Populo tibi commisso rectam justiciam exercebis, malas leges & iniquas consuetudines, si aliquae fuerint in Regno tu…, delebis, & bonas observabis, all in the future tence: and the verbes, serva…is, Facies fieri, protegend…s, corroborandas in the former and same clauses of the Oath now used, all of them in the future, with the whole Scope, intent and purport of this part of the Oath, must necessarily grant, shall chuse, to be the true reading; and that it referres to the confirmation of **Judge Huttons Argument against Shipmoney, p. 32. determines so.future Lawes, to be afterwards made in Parliament, not to those onelyonly in being when the Oath was administred; else Kings should not be obliged by their Oathes, to keepe any Lawes made after their Coronations by their owne assents, but onelyonly those their Predecessors assented to, not themselves, which were most absurd to affirme. But because I have largely debated this particular, and given you an account of our Kings Coronation Oathes from King Richard the seconds Reigne downeward, in my following Discourse, and debate of the Kings pretended Negative voyce in passing Bils in Parliament, I shall proceed no further in this subject here.

p. 57From these severall Oathes and Passages, the usuall forme of the Nobles proclaiming such and such Kings of England, therrPag. 8, 9. fore-cited Histories; the manner of our Kings Coronation thus expressed in the close Roll of 1 R. 2. n. 44. Afterwards the Archbishop of Canterbury having taken the corporall Oath of our Lord the King, to grant and keepe, and with his Oath to confirme the Lawes and customes granted to the people of the Kingdome of England, by ancient, just, and devout Kings of England, the progenitors of the said King, and especially the Laws, Customes and Freedomes granted to the Clergy and people of the said Kingdome, by the most glorious and holy King Edward, to keepe to God and the holy Church of God, and to the Clergy and people, peace and concord in God entirely, according to his power, and to cause equall and right Iustice to be done, and discretion in mercy and truth, and also to hold and keep the just Lawes and customes of the Church; and to cause that by our said Lord the King they should be protected, and to the honour of God corroborated, which the PEOPLE SHOULD JUSTLY AND REASONABLY CHUSE to the power of the said Lord the King: the aforesaid Archbishop, going to the foure sides of the said Scaffold, declared and related to all the people, how that our Lord the King had taken the said Oath, inquiring of THE SAME PEOPLE, IF THEY WOULD CONSENT TO HAVE HIM THEIR KING AND LIEGE LORD? Who with ONE ACCORD CONSENTED THERETO. Which **Hist. Angliae, 1 R. 2. p. 193.Thomas of Walsingham who relates the whole forme of this Kings Coronation thus describeth. Quibus completis, Archiepiscopus praecedente eo Marescallo Angliae Henrico Percy, convertit se ad omnes plagas Ecclesiae, INDICANS POPULO REGIUM JURAMENTUM & quaerens SI SE TALI PRINCIPI AC RECTORI SUBJICERE, & ejus jussionibus obtemperare VELLENT, ET RESONSUMESTA PLEBE resono clamore, QUOD LUBENTER SIBI PARERE VELLENT. Which custome both before and since hath been constantly in this Land observed at the Coronation of our Kings: from all these I say it is apparent: First, that Popish Parliaments, Peeres, and Subjects, have deemed the Crowne of England not meerely successive and hereditary, though it hath usually gone by descent, but arbitrary and elective, when they saw cause, many of our Kings comming to the Crowne without just hereditary Title, by the Kingdomes, Peeres, and people free election onelyonly confirmed by subsequent Acts of Parliament, which was then reputed a sufficient Right and Title; by vertue whereof they then reigned and were obeyed as lawfull Kings, and were then and yet so acknowledged to be; their right by Election of their Subjects (the footsteps whereof doe yet continue in the solemne demanding of the peoples consents at our Kings Inaugurations) being seldome or never adjudged an illegall usurpation in any Parliaments: whence the statute of 1 E. 4. c. 1. & 9 E. 4. f. 2, declares King Henry the 4. 5. and 6. to be successively Kings of England indeed, and not of right, yet not usurpers because they came in by Parliament. OnelyOnly Richard the third, (who treacherously murthered Edward the 5. his Soveraigne, and violently usurped his Crowne, at first, before any Parliament gave it him, compelling the Lords and Commons afterwards to Elect him King out of feare, after his slaughter in Bosworth field,) was declared an usurper by Act of Parliament 1 Hen. 7. c. 6. and so adjudged to be by 8 H. 7. f. 1. see 1 E. 4. c. 1 &c. 9 E. 4. f. 1, 2. and Henry the 7. had the Crown set upon his head in the field, by my Lord Stanly, as though (saith ssPag. 852.Grafton) he had been elected king by the voyce of the people, as in ancient times past in divers Realmes it hath been accustomed. Secondly, that those Kings who have enjoyed the Crown by succession, descent, or election, p. 58have still taken it upon the conditions and covenants contained in their Coronation Oathes; which if they refused to sweare to the Peeres and people, really and bona fide to performe, they were not then to be crowned or received as Kings, but adjured in the name of God to renounce this dignity. And though in point of Law, ttCooke 7. Report. f. 10, 11. Calvins case, Marsil. Patavinus Defen. Pacis pars, 2. …. 25…those who enjoy the Crowne by Succession, be Kings, before their Coronations; yet it is still upon those subsequent**Littleton, sect. 378, 379. & Cookes Instit. Ibid. f. 232, 233, 234. Conditions both contained in their Coronation Oathes, which impose no new but onelyonly ratifie the old conditions in separably annexed to the Crown by the Common Law, ever since Edward the Confessors daies, and long before, as Father**Littleton, sect. 378, 379. & Cookes Instit. Ibid. f. 232, 233, 234. Littleton resolves, (the Office of a King being an Office of the greatest trust of any other, which the Common Law, binds the King well and lawfully to discharge, to doe that which to such Office belongeth to doe) as the Oathes of all our Kings to their people; really to performe these Articles and Conditions, fully demonstrate. Thirdly, that these Oathes are not meerely arbitrary or voluntary at the Kings pleasure, to take or refuse them if he will, but necessary and inevitable, by the Law, and constant usage of the Realm, yea of allvvBaldus Proaem de Feud. n. 32. Dr. Crakenth. defence of Constantine, p. 163. to 175: Grimst. Imperiall hist. p. 653. Christian most Pagan Realms whatsoever, which prescribe like Oathes to their Kings. From a…l which I may firmely conclude, that the whole kingdome and Parliament are the Supreame Soveraigne Authority, and Paramount the king, because they **See Fortescue, c. 12, to 15. Iohan. Mar. de Rege & Regis Instit. l. 1. c. 7, 8, 9.may lawfully, and d…e usually prescribe such conditions, termes, and rules of governing the people to him, and bind him thus by Oath, faithfully to perform the same, as long as he shall continue King; which Oath our Kings usually tooke, or at least faithfully promised to take to their Subjects in ancient times, before ever they did or would take an Oath of fealty, homage or Allegiance to them, as the premises evidence, & Claus. Rot. 1 R. 2. M. 44.

Tenthly, Our Parliaments and Kingdome anciently in times of popery, and Paganisme have both challenged and exercised a Supreame power over the Crowne of England it selfe, to transferre it from the right heire, and setle it on whom themselves thought meete to elect for their King; and likewise to call their Kings to an account for their mis-government, and breach of Oath to the prejudice of their people, so farre as to article against them, and either by force of Armes, or a judiciall sentence in Parliament, actually to depose them, and set up others in the Throne, as the**Pag. 7, 8, 9. fore-cited presidents, (of Archigallo, Emerian, two ancient Brittish Kings, of Edwin king of Mercia, and others deprived of all honour and kingly dignity, by the unanimous consent of their Subjects for their Tyranny, Oppression, Male-administration, vicious lives, and others elected and made kings in their places) evidence, which Acts of theirs they then reputed just and legall.Polydo… Virgil. hist. Angl. l. 18. Sir Thomas de la More. Gra…ton, p. 215, 216. I shall cite you onelyonly two presidents of this kind, which have meere relation to Parliaments. The first is that of**Walsingham, hist. Ang. p. 107, 108, 109: Ipodigma, Neushia: p: 109, 110: Polychron, l. 7. ch. 43. King Edward the second, who being taken prisoner by his Queen, Sonne, Nobles, Speed, p. 681, 682. Daniel, p. 219, 218.for his male-administration; the Queen, with her sonne by the advice of her Councell, summoned an high Court of Parliament at Westminster in the Kings name, which began the 16 day of January, An. 1325. In which assembly it was declared, that this Realm could not continue without an head and governour, and therefore first, they agreed to draw into Articles the Mis-government of the king that was in prison, Holinshed, Cayton, Stow, and others in his life:and all his evill doings, which he had done by evill and naughty Counsell. And when the said Articles were read and made knowne to all the Lords, Nobles, and Commons of the Realme, they then consulted how the Realme should be governed from thenceforth. And after good deliberation, and consultation of the foresaid Articles of the Kings evill government, they concluded: THAT SUCH A MAN WAS NOT WORTHY TO BE A KING, NOR TO WE ARE A CROWNE ROYALL. And therefore they all agreed, p. 59that Edward his eldest sonne, who was there present, and was rightfull heire, should be crowned King in stead of his Father, SO THAT HE WOULD TAKE ABOUT HIM SAGE, TRUE, AND GOOD COUNCELL, and that from thenceforth the Realm might be better governed then before it had been. And it was also agreed, that the old king his father should be well and honestly kept as long as he lived, according to his estate. All these things concluded, they ELECTED his son Edward King in the great hall at Westminster, with the UNIVERSALL CONSENT OF THE PEOPLE THERE PRESENT; and the Archb. of Canterbury thereupon makes there a Sermon on this Text, Vox populi, vox Dei: exhorting the people, to invoke the king of kings for him they had then chosen. It was further ordered and agreed, that during the Parliament time, a solemne Message should be sent to the King to Kenelworth Castle, (where he was kept prisoner) to declare unto him not only the determination of the three estates concerning HIS DEPOSING FROM THE KINGDOME, but also to resigne unto him IN THE NAME OF THE WHOLE REALME, all their homage that before time they had done him: and to doe this message, there was certaine select persons chosen by the Parliament, namely, the Bishops of Winchester, Hereford, and Lincoln, two Earles, two Abbots, foure Barons, two Iustices, three knights for every County, and for London, the Cinqueports, and other Cities and Burroughes, a certaine chosen number, with the Speaker of the Parliament, whose name was Sir William Tr…ssell: who comming into the Kings presence told him, That the Common-weale had received so irr… concileable dislikes of his government, the particulars whereof had been opened in the Assembly at London, that it was resolved never to indure him as King any longer. That notwithstanding, those dislikes had not extended themselves so farre, as for his sake to exclude his issue, but that with universall applause and joy, THE COMMON-WEALE HAD IN PARLIAMENT ELECTED HIS ELDEST SONNE, THE LORD EDWARD FOR KING. That it would be a very acceptable thing to God, willingly to give over an earthly kingdome for the common good and quiet of his Country, which they said could not otherwise be secured. That yet his honour should be no lesse after his resignation then before it was; onelyonly him the Commonweale would never suffer toraigne any longer. They finally told him, That unlesse he did of himselfe renounce his Crowne and Scepter, the people would neither endure him, nor any of his children as their Soveraigne; but disclaiming all homage and fealty, would elect some other for king, who should not be of the blood. This message strucke such a chilnesse into the King, that he fell groveling to the earth in a swoun; which the Earle of Leicester and Bishop of Winchester beholding, run unto him, and with much labour recovered the halfe dead King, setting him on his feet: who being come to himselfe, the Bishop of Hereford running over the former points, concludes, saying, as in the person of the Commonwealth, That the king must resigne his Diadem to his eldest sonne; or, after the refusall, suffer THEM TO ELECT SUCH A PERSON AS THEMSELVES SHOULD JUDGE TO BE MOST FIT AND ABLE TO DEFEND THE KINGDOME. The dolorous King having heard this speech, brake forth into sighes and teares, & made at the last this answer, to this effect, That he knew, that for his many sinnes he was fallen into this calamity, and therefore had the lesse cause to take it grievously. That he much sorrowed for this, that the people of the kingdome were so exasperated against him, as that they should utterly abhor his any longer rule and soveraignty: and therefore he besought all that were there present, to forgive and spare him being so afflicted. That neverthelesse it was greatly to his good pleasure and liking, (seeing it could none other be in his behal…e) that his eldest sonne p. 60was so gracious in their sight, and therefore he gave them thanks for chusing him their King. This being said, then was a proceeding to the short Ceremonies of his resignation, which principally con…isted in the surrender of his Diadem and Ensignes of Majesty to the use of his Sonne the new King. Thereupon Sir William Trussell the Speaker, ON THE BEHALFE OF THE WHOLE REALM, renounced all homage and allegiance to the said Edward of Carnarvan, late King, in these words following, I William Trussell, IN THE NAME OF ALL MEN OF THIS LAND OF ENGLAND, AND OF ALL THE PARLIAMENT PROCURATOR, resigne to thee Edward the homage that was sometimes made unto thee, and from this time now forward I defie thee, AND DEPRIUE THEE OF ALL ROYALL POWER, I shall never be attendant to thee as King after this time. After which King Edward the third being solemnly crowned, proclaimed his peace to all his people in these words:

Edward by the grace of God, King of England, Lord of Ireland, and Duke of Aqui…ane, to N. N. our Sheriffe of S. greeting: Because the Lord Edward our Father, late King of England, by THE COMMON COUNSELL AND ASSENT OF THE PRELATES, EARLS, BARONS, AND OTHER THE CHIEFE MEN AND WHOLE COMMONALTIE OF THE KINGDOM, did voluntarily remove himselfe from the government thereof; willing and granting that We, as his eldest Sonne and Heire, should take upon us the rule and regiment of the same: and we, with the counsell of the Prelates, Earls, and Barons aforesaid, yeelding therein to our Fathers good pleasure and will, have taken upon VsUs the Governanse of the said Kingdome, and as the manner is, have received the Fealties and Homages of the said Prelates and Peeres. We therefore desirous that Our peace for the quiet and calme of Our people should be inviolably observed, do will and command you, that presently upon sight of these presents, you cause Our Peace to be proclaimed throughout your Bayli-wick, forbidding all and every one on Our behalfe, under paine and perill of disinheritance, and losse of life and limbs, not to presume to violate or infringe Our said Peace, but that every one pursue or follow his Actions and Complaints without any manner of outrage, according to the Laws and Customs of Our Kingdome: for We are ready and alwayes will be, to administer full right to all and singular complaints, as well of poore as rich, in Our Courts of Iustice.

The second**Walsingham hist. Ang p 398. 399. 400. Ypodigma P 156. Halls Chron. 1. …. 4. s. 6. to 9. Fabianpa…t 7. p. 346. to 355. Grafton p. 400. to 407. President is, that of King Richard the second, who being taken prisoner by Henry Duke of Lancaster, An. 1399. the Duke soone after, on the thirteenth of September called a Parliament in the Kings Name, wherein was declared, how unprofitable King Richard had been to the Realme during his reigne, how he subverted the Lawes, p…lled the people, ministred Iustice to no man, but to such as pleased him. And to the intent the Commons might be perswaded, that he was an unjust and unprofitable Prince, and a Tyrant over his Subjects, and THEREFORE WORTHY TO BE DEPOSED;Speed. p. 757. 758. 759. 760. Trussel p. 43. to 50. there were set forth certaine Articles (to the number of 32. or 38. as some record) very hainous to the eares of many:Holinshed, Stow, Heywood, and others. Fox Acts and Mon. vol 1. p. 671. some whereof I have**Herep. 29. 30. formerly recited, and the residue you may read in Hall, Grafton, Haywood, Trussell, and others. After which Richard was charged with the foresaid Articles, there was an instrument made declaring his Answers, and how he consented willingly to be deposed; the Tenor of which instrument was as followeth.

This present Instrument made the Munday the 29. day of September, and feast of Saint Michael, in the yeere of our Lord God, 1389. and the 23. yeere of King Richard the second, witnesseth that where by the Authority of the Lords p. 61Spirituall and Temporall of this present Parliament, and Commons of the same, the right honourable, and discreet persons hereunder named, were by the said Authority assigned to goe unto the Tower of London, there to heare and testifie such Questions and Answers as then and there should be by the said honourable and discreet persons heard. Know all men to whom these present Letters shall come, That we, Sir Richard Scroop Archbishop of York, Iohn Bishop of Hereford, Henry Earle of Northamberland, Ralfe Earle of Westmerland, Thomas Lord of Barkly, William Abbot of Westminster, Iohn Prior of Canterbury, William Thirning, and Hugh Burnell Knights, and Iohn Markham Justice, Thomas Stowe, and Iohn Burbage Doctors of the Law civill, Thomas Fereby and Denis Lopham Notaries publike, the day and yeer abovesaid, betweene the houres of eight and nine of the clock before noone, were present in the chiefe Chamber of the Kings lodging within the said place of the Tower, where was rehearsed to the King by the mouth of the foresaid E. of Northumb. that before time at Conway in north Wales, the King being there at his pleasure and liberty, promised unto the Archbishop of Canterbury, then Thomas Arundell. and unto the said Earle of Northumberland, that for insufficiency which he knew himselfe to be of, to occupie so great a charge as to governe this Realm of England, he would gladly leave off, and renounce the right and title, as well of that, as of his title to the Crowne of France, and his Majestie, unto Henry Duke of Hertford; and that to doe in such convenient wise, as by the learned men of this Landit should most sufficiently be by them devised and ordained. To the which rehearsall the King in our said presences answered benignly and said, That such promise he made, and so to the same he was at that houre in full purpose to perform and fulfill, saving that he desired first to have personall speech with the said Duke, and with the Archbishop of Canterbury his Couzens: And furthermore, he desired to have a Bill drawn of the said Resignation, that he might be made perfect in the rehearsall thereof. After which Copy by me the said Earle delivered, we the said Lords and others departed. And upon the same afternoone the King desired much of the comming of the Duke of Lancaster, at the last the said Duke, with the Archbishop of Canterbury, entred the foresaid Chamber, bringing with them the Lord Ros, the Lord Burgeiney, & the Lord Willoughbie, with divers others: where after due obeysance done by them unto the King, he familiarly and with a glad countenance to us appearing, talked with the said Archbishop and Duke a good season. And that Communication finished, the King with a glad countenance in presence o… us, and the other above rehearsed, said openly, That he was ready to renounce and resigne all his Kingly Majestie in manner and forme as he before seasons had promised: And although he had and might sufficiently have declared his renouncement by the reading of another meane person, yet he for the more surety of the matter, and for the said resignation should have his full force and strength, he therefore read the Scroll of resignation himselfe in manner and forme as followeth. In the Name of God, Amen. I Richard by the grace of God, King of England and of France, and Lord of Ireland, acquit and assoile all Archbishops, Bishops, and other Prelates secular or religious, of what dignity, degree, state, or condition that they be of; and also all Dukes, Marquesses Earles, Barons, Lords, and all mine other liege men both spirituall and secular, of what manner of name or degree they be from their Oath of fealty and homage, and all other Deeds and Priviledges made unto me, and from all manner of Bonds of Allegeance and Regality or Lordship, in the which they were or be bound to me, or in any otherwise constrained, and them their heires and successours for evermore from the same Bonds and Oaths I release, deliver, acquit, and let them for ever be free, dissolved and p. 62acquit, and to be harmlesse for so much as belongeth to my person, by any manner way or title of right that to me might follow of the foresaid things or any of them: And also I resigne all my Kingly Dignity, Majesty, and Crowne, with all the Lordships, Power, and Priviledges to the foresaid Kingly Dignity and Crown belonging, and all other Lordships and Possessions to me in any manner of wise pertaining, what name or condition they be of, out take the Lands and Possessions for me and mine obite purchased and bought. And I renounce all right and colour of right, and all manner of title of possession and Lordship which I ever had or have in the same Lordships and possessions, or any of them, or to them, with any manner of rights belonging or appertaining unto any part of them: And also the rule and governance of the same Kingdome and Lordships, with all ministrations of the same, and all things, and every of them, that so the whole Empire and Iurisdictions of the same belongeth of right, or in any wise may belong: And also I renounce the name, worship, and r…gality, and kingly highnesse, cleerly, freely, singularly, and wholly in the most best manner and forme that I may, and with deed and word I leave off and resigne them, and go from them for evermore, saving alway to my successors Kings of England, all the Rights, Priviledges and appurtenances to the said Kingdome and Lordships abovesaid belonging and appertaining: For well I wote and acknowledge, and deem my selfe to be and have bin unsufficient and unable, and also unprofitable, and for mine open deserts not unworthy to be put down: And I sweare upon the holy Evangelists here presently with my hands touched, that I shall never repugne to this resignation, dimission, or yeelding up, nor never impugne them in any manner by word or by deed, by my selfe, nor by none other; nor I shall not suffer it to be impugned in as much as in me is, privily nor apart: but I shall have, hold, and keep this renouncing, dimission, and leaving up for firme and stable for evermore in all and in every part thereof, so God me helpe and all Saints, and by this holy Evangelist by me bodily touched and kissed: And for more record of the same, here openly I subscribe and signe this present Resignation with mine owne hand. And forthwith in our presences, and other, subscribed the same, and after delivered it to the Archbishop of Canterbury, saying, That if it were in his power, or at his assignment, he would that the Duke of Lancaster there present should be Successour and King after him. And in token thereof, he took a Ring of gold from his finger, being his Signet, and put it upon the said Dukes finger, desiring and requiring the Archbishop of Yorke, to shew and make report unto the Lords of the Parliament of his voluntary Resignation, and also of his intent and good minde that he bare toward his Cousin the Duke of Lancaster, to have him his Successour and King after him. And this done, every man took their leave, and returned to their own.

Upon the morrow following, being Tuesday, and the last day of September, all the Lords Spirituall and Temporall, with also the Commons of the said Parliament, assembled at Westminster, where, in the presence of them, the Archbishop of Yorke, according to the Kings desire, shewed unto them seriously the voluntary Renouncing of the King, with also the favour which he ought unto his Cousin the Duke of Lancaster for to have him his Successour: And over that shewed unto them the Scedule or Bill of Renouncement, signed with King Richards hand. After which things in order by him finished, the question was asked first of the Lords, If they would admit and allow that Renouncement? The which when it was of the Lords granted and confirmed, the like question was asked of the Commons, and of them in like manner affirmed. After which admission it was then declared, That notwithstanding the foresaid renouncing so by the Lords and Commons adm…tted, it were needfull unto the Realme, in avoiding of all suspicions and surmises of p. 63evill disposed persons, to have in writing and registred the manifold crimes and defaults before done by the said Richard late King of England, to the end that they might be first openly shewed to the people, and after to remain of Record among the Kings Records. The which were drawn and compiled, as before is said, in 38. Articles, and there shewed readie to be read: but for other causes then more needfull to be preferred, the reading of the said Articles at that season were deferred and put off. Then forsomuch as the Lords of the Parliament had well considered this voluntary Renouncement of King Richard, and that it was behovefull and necessary for the weale of the Realme to proceed unto the sentence of his deposall, they there appointed by authority of the States of the said Parliament, the Bishop of Saint Asse, the Abbot of Glastenbury, the Earle of Glocester, the Lord of Barkley, William Thyrning Justice, and Thomas Erpingham▪ and Thomas Gray Knights, that they should give and beare open sentence to the Kings deposition: whereupon the said Commissioners laying there their heads together, by good deliberation good counsell and advisement, and of one assent agreed among them, that the Bishop of Saint Asse should publish the sentence for them, and in their names, as followeth. In the Name of God, Amen. We John Bishop of Saint Asse or Assenence, John Abbot of Glastenbury, Richard Earle of Glocester, Thomas Lord of Barkley, William Thyrning Iustice, Thomas Erpingham and Thomas Gray Knights, chosen and deputed speciall Commissaries by the three Estates of this present Parliament, representing the whole body of the Realme, for all such matters by the said Estates to us committed; We understanding, and considering the manifold crimes, hurts, and harmes done by Richard King of England, and misgovernance of the same by a long time, to the great decay of the said Land, and utter ruine of the same shortly to have been, ne had the speciall grace of our Lord God thereunto put the sooner remedie, and also furthermore adverting the said King Kichard, knowing his own insufficiency, hath of his own meere voluntarie and free will renounced and given up the rule and government of this Land, with all Rights and Honours unto the same belonging, and utterly for his merits hath judged himselfe NOT UNWORTHY TO BE DEPOSED OF ALL KINGLY MAJESTY AND ESTATE ROYALL, We, the Premisses well considering, by good and diligent deliberation, by the POWER, NAME, AND AUTHORITIE TO US AS ABOUE IS SAID COMMITTED, PRONOUNCE, DISCERNE, AND DECLARE the same King Richard before this to have beene, and to be unprofitable, unable, unsufficient, and unworthy to the rule and governance of the foresaid Realms, Lordships, and all other App…rtenances to the same belonging: and FOR THE SAME CAUSES WE DEPRIUE HIM OF ALL KINGLY DIGNITIE AND WORSHIP, AND OF ANY KINGLY WORSHIP IN HIMSELFE. AND WE DEPOSE HIM BY OUR SENTENCE DEFINITIUE, forbiding expresly to all Archbishops, Bishops, and all other Prelates, Dukes, Marquesses, Earles, Barons, and Knights, and to all other men of the aforesaid Kingdom and Lordships, or of other places belonging to the same Realmes and Lordships, Subjects and Lieges whatsoever they be, that none of them from this time forward, to the foresaid Richard as King and Lord of the foresaid Realmes and Lordships, be neither obedient nor attendant.

After which sentence thus openly declared, the said Estates admitted forthwith the same persons for their Procurators, to resigne and yeeld up to King Richard all their homage and fealty which they have made and ought unto him before times, and for to shew unto him, if need were, all things before done that concerned p. 64his deposing. The which resignation a… that time was spared, and put in respite till the morrow next following: And anon, as this sentence was in this wise passed, and that by reason thereof the Realme stood void without Head or Governour for the time, the said Duke of Lancaster rising from the place where he before sate, and standing where all might behold him, he meekly making the signe of the Crosse upon his forehead and upon his breast, after silence by an Officer was commanded, said unto the people there being, these words following: In the name of the Father, Sonne, and holy Ghost, I Henry of Lancaster claime the Realme of England and the Crowne, with all the appurtenances, as I that am descended by right line of the blood, comming from that good Lord King Henry the third, and through the right that God of his grace hath sent to me, with the helpe of my ki…e and of my friends to recover the same, which was in point to be undone for default of good Governance and due Iustice.

After which words thus by him uttered, he returned & set him down in the place where he before had sitten. Then the Lords perceiving and hearing this claim thus made by this noble man, either of them frained of other what he thought; and after a distance or pause of time, the Archbishop of Canterbury having notice of the Lords minde, stood up and asked the Commons if they would ASSENT TO THE LORDS, WHICH in their mindes thought the claime by the Duke more to BE RIGHTFULL AND NECESSARY FOR THE WEALTH of the Realm, and of them all. Whereunto they cryed with one voice, YEA, YEA, YEA After which answer, the said Archbishop going to the Duke, and setting him upon his knee, had unto him a few words: the which ended, he rose, and taking the Duke by the right hand, led him unto the Kings seat, and with great reverence set him therein, after a certaine Kneeling and Orison made by the said Duke, e…e he were therein set. And when the King was thus set in his Throne▪ to the great rejoyceing of the people, the Archbishop of Canterbury began there an Oration o… Collation in manner as after followe…h:**Fabian part 7. p. 351. 352. 353. Vir Dominabitur in populo, 1 R…gum cap. 9. These be the words of the high and most mighty King, speaking to Samuel his Prophet, teaching him how he should chuse and ordaine a Governour of his people of Israel, when the said people asked of him a King to rule them. And not without cause may these words be said here of our Lord the King: that is, For if they be inwardly conceived, they shall give unto us matter of consolation and comfort▪ when it is said that a Man shall have Lordship and rule of the people, and not a Childe, for God threatneth not us as he sometime threatned the people by Esay 3. Esay. I fhall saith our Lord, give children to be their Rulers and Princes and weake or fearfull shall have dominion over them. But of his great mercy hee hath visited us. I tru…t his peculiar people, and sent us a Man to have the rule over us, and put by Children, that before time ruled this land after childish conditions, as by the works of them it hath right lately appeared, to the great disturbance of all this Realme, and for want and lack of a man: For as saith the Apostle Paul, in 1. Cor. 14. When I was a childe I savoured and spake as a childe; but at the time when I came to the state of a man, then I put by all my childish conditions. The Apostle saith, he savoured and spake as a childe in whom is no stedfastnesse or constancy; for a childe will lightly promise, and lightly he will breake his promise, and doe all things that his appetite giveth him unto, and forgeteth lightly what he hath done. By which reason it followeth, that needs great inconvenience must fall to that people that a Childe is ruler and Governour of; nor is it possible for that Kingdom p. 65to stand in felicity where such conditions reigne in the head and ruler of the same. But now wee ought all to rejoyce, that all such defaults bee expelled, and that a Man and not a Childe shall have Lordship over us, to whom it belongeth to have a sure reine upon his tongue, that he may be knowne from a Childe, or a Man using childish conditions; of whom I trust I may say as the wise man saith in his Proverbs, Blessed be the man that hath wisdome, and that aboundeth in prudence: For that man that is ruled by sapience, must needs love and dread our Lord God; and whoso loveth and dreadeth him, it must consequently follow, that he must keep his Commandements. By force whereof he shall minister true Justice unto his Subjects, and do no wrong nor injury to any man, so that then shall follow the words of the wise man, which he rehearsed in Proverbs 10. The blessing of our Lord God shall alight upon the head of the King, being a just and right wise man, for the tongue of him worketh not iniquity and injustice, but the tongue of the wicked and sinners covereth iniquity▪ And who that worketh or ministreth Justice in due order, he not only safe guardeth himselfe, but also holdeth the people in a surety of restfulnesse, of the which ensueth peace and plenty: and therefore it is said of the wise King Solomon, Eccles. 10. Blessed and happy is that land, of which the King or Ruler is noble and wise, and the Princes be blessed that live in his time. As who would say, They may take example of him to rule and guide their Subjects; for by the discretion of a noble and wise man, being in authority, many evils are sequestred and put apart, and all dissemblers put unto silence; for the wise man considereth well the great inconveniences which daily now grow of it, where the childe or insipient drinketh the …weet and dilicious words unadvisedly, and perceiveth not intoxication which they be mingled or mixt with, till he be invironed and wrapped in all danger, as lately the experience thereof hath been apparent to all our sights and knowledges, and not without the danger of all this Realm, and all was for lacke of wisdome in the Ruler, which deemed and taught as a childe, giving sentence of wilfulnesse and not of reason; so that while a childe reigned, selfe will and lust reigned, and reason with good conscience was outlawed, with Justice, stedfastnesse, and many other vertues. But of this perill and danger wee be delivered by the especiall help and grace of God, because he that now ruleth is not a childe, but perfect in reason, for he commeth not to execute his owne will, but his will that sent him, that is to wit, Gods will, as a man unto whom God of his abundant grace hath given perfect reason and discretion to discerne and deem as a perfect man; wherefore of this man we shall not onelyonly say, that he shall dwell in wisdome, but as a perfect man, and not a childe, he shall thinke and deem, and have such circumspection with him, that hee shall diligently forelooke and see that Gods will be done, and not his: and therefore now I trust the words of the wise man, Eccles. 10. shall be verified in our King, saying, A wise and discreet Iudge shall now deeme his people, and the Dominion or Lordship of a discreet wise man shall stand stedfast; whereupon shall then follow the second verse of the same Chapter, saying, Like as the Head and Soveraigne is replenished with all sapience and vertue in guiding of his people, administring to them Law with due and convenient Iustice, so shall the Subjects be garnished with awe and loving dread, and beare unto him, next God, all honour, truth, and allegiance. So that then it may bee concluded with the residue of the foresaid verses, Such as the Ruler of the City is, such then be the inhabitants of the same: So that consequently it followeth, A good Master maketh a good Disciple: And likewise, an evill King or Ruler p. 66shall lose his people, and the Cities of his Kingdome shall be left desolate and uninhabited. Wherefore thus I make an end, in stead of a childe, wilfully doing his lust and pleasure without reason, now shall a man be Lord and Ruler, that is replenished with sapience and reason, and shall governe the people by skilfull doings, setting apart all wilfulnesse and pleasure of himselfe; so that the word that I began with, may be verified in him, Ecce quia vir dominabitur in populo, the which our Lord grant, and that he may prosperously reign unto the pleasure of God, and wealth of his Realm. Amen,

The which Oration being thus finished, and the people answering with great gladnesse, Amen. The King standing upon his feet, said unto the Lords and Commons present. Sirs, I thanke you, my Lords Spirituall and Temporall, and all the States of this Land, and doe you to understand, that it is not my will that any man think that by the way of conquest I would disinherit any man of his heritage, franchise, or other rights that he ought to have of right, nor for to put him out of that which he now enjoyeth, and hath h…d before time by custome of good Law of this Realm, except such private persons as have beene against the good purpose and the common profit of the Realme. And this speech thus finished, all Sheriffs and other Officers were put in their Authorities, which season for the time that the Kings Sea was void, and after every man departed. And at afternoon were Proclamations made in accustomary places of the City in the name of King Henry the fourth. And upon the morrow following, being wednesday, and the first of October, the Procurators abovenamed went unto the Tower of London, and there certified Richard of the admission of King Henry: And the foresaid Justice, William Thyrning, in the name of the other, and for all the States of the land, gave up unto Richard late King, all homage and fealty unto him before him due, in like manner and forme as before I have shewed to you in the deposition of King Edward the second. And thus was this Prince deprived of all Kingly dignity and honour by reason of his evill counsell, and such unlawfull wayes and meanes as he by his insolency in his Realme suffered to be used, when he had reigned two and twenty yeers, three moneths, and eight dayes. So Fabian and others verbatim.

Those Parliaments then and Nationall Assemblies, which have thus disposed of the Crown and Kings themselves, and exercised such jurisdiction over them, must certainly be above them, and the highest Soveraigne power. True it is, our Protestant P…eres, Commons and Parliaments, never challenged nor exercised such jurisdiction▪ and I presume they will not doe it. However, it is neither honourable nor safe for Kings, and the most destructive policy their ill Counsellors can suggest unto them, so farre to oppresse their Subjects, or exasperate their Parliaments, as to provoke them to use the extremity of their Soveraigne power, and revive dead sleeping Presidents for their reliefe; The consideration whereof when they were fresh, made succeeding Kings more just and moderate in their governments, and reclaimed many vitious oppressing Princes, as **See Ma…. West. Ie…ory Monm. Polych. Fab. Grafton Holin. Speed, in his life.Archigallo and others witnesse. We know what Solomon saith,yyEccles 7. 7.Eccl 7:7 Surely oppression maketh a wise man mad; and if Kings or their evill Instruments shall so far mad their Subjects and Parliaments (either by oppressions, rapines, misgovernment, destroying, making warre upon them, or putting them out of their protections) as to make them cry out as they did against King Iohn. zzMatth. Par. p. 264, 265, 268 Graft. p. 111. 112. Bishop Bilson. part. 3. p. 480.Iohannes factus est de Rege Tyrannus, imo de homine in bestialem prorumpens feritatem. Vae tibi Iohanni Regum ultime; Anglorum Principum abominatio, Nobilitatis Anglicanae confusio: Heu Anglia vastata, & amplius vastanda, &c. Whereupon p. 67presently ens…ed, a Nolumus hunc regnare. Tandemque decretum est, ut aliquem potentem in Regem eligerent, per quem possint ad possessiones pristinas revocari, eradextes quod nullus Iohanne peier, vel durior p…ssit dominari, & tale miserabile statuentes argumentum.

—Fortuna miserrima tuta est,

Nam timor eventus deterioris abest.

Cumque aliquandiu, quem eligerent haesitassent, demum in hoc pariter consenserunt, ut Ludovicum filium Philippi Regis Francorum sibi praeficerent, & ipsum in Regem Angliae sublimarent; Which they did, to King Johns, their own, and the whole Kingdomes great prejudice. We know what the ill advise of Rehoboams rough evill Counsellours produced, 2 Chron. 10.See 2 Chro. 10. & 11.2 Chr 10 And the King answered the people roughly after the advice of the young men, saying: My father made your yoake heavy, but I will adde thereto; my father chastised you with whips, but I will chastise you with scorpions. And when all Israel saw, that the King would not hearken unto them, the people answered the King (though some say he came to the Crown by succession) saying, What portion have we in David? and we have none inheritance in the Sonne of Iesse; every man to your Tents O Israel: and now David, see to thine owne house. So all Israel went to their Tents, and elected Ieroboam for their King, and fell away from the house of David to this day, being never after united to it, but continuing a distinct Kingdome from it. This grosse impoliticke maxime of ambitious Princes, now so much cryed up and prosecuted: Aut Caesar, aut Nullus, hath utterly unkinged, ruined hundreds of Kings and Emperours, with their families; and deprived them not onelyonly of their Crownes but lives, as it did **See Plutarchi, Iulius Caesar, Eutropius, Zonaras, Grimston, and others in his life.Caesar himselfe, with many of his successors, whose tragicall ends should deter all other Princes from their destructive, aspiring, tyrannous counsels, courses, maximes.

Wherefore the best policy Kings can use, to perpetutate their Thrones to them and their posterity, is to treate their subjects so, aaSeneca de Clementia, l. 1.as may win their hearts and affections, and not to straine their pretended prerogatives beyond the bounds of Law; this being a most certaine experimented rule which bbPolit. l. 5. c. 10, 11. p. 367, 368. See Polybius, Hist. l. 6.Aristotle (the Prince of politicians) gives; That there are two intestine causes most perilous and frequent of all others, by which a Kingdome is usually lost, and subverted. The first is, if the Nobles and people dissent from the King himselfe. The second, if Kings will reigne tyrannically, and usurpe a greater domination or prerogative, then the Lawes of their Kingdomes give them, Then he addes, Verily a kingdome is preserved by contrary remedies, specially, by a moderate kinde and temperate forme of Government.ccDeut. 17. 19, 20. See Prov. 16. 12. c. 20. 28. c. 29. 4. 14. c. 25. 5.Deut 17:19Deut 17:20Prov 16:12 For by how much the m…re moderate the King shall be, and contented with smaller and fewer prerogatives, by somuch the more constant and longer-lasting shall his kingdome necess…rily be; For by this meanes it recedes farther from the domination of Tyrants, and it comes nearer to the equability of manners and humanity of life, and is lesse envyed by His subjects, which he proves by the notable speech and example of King Theopompus. And indeed this is the principall policy which God himselfe hath prescribed a King, to prolong his dayes in his Kingdome, he and his children after him; to keepe all the words of this Law, and those Statutes to doe them, (that is, to governe himselfe and his subiects onelyonly by Law, not power) to doe justice and judgement, avoid oppression, & not to lift up his heart above his brethren; as if they were his vassals and not men, not Christians of the same kinde and quality as himselfe is. Wherefore I shall close up this with old Bractons resolution. ddLib. 3. c. 9. f. 107. & …leta l. 1. c. 17.Potestas itaque Regis, juris est, & non injuriae. Exercere igitur debet Rex potestatem Iuris sicut Dei vicarius & Minister in terra: quia illa potestas**Id est, Sola. SOLIUS Dei est: potestas autem injuriae, Diaboli & non dei: cujus horum operum fecerit Rex, ejus Minister p. 68erit, cujus ope…a fecerit. Igitur dum facit justitiam, vicarius est Regis aeterni, minister autem Diaboli dum declinat ad injuriam.**See Leges Edwardi Confessoris cap. 17. in Lam…bards Archaion. f. 130. accordingly. Dicitur enim Rex à bene regendo, non à regnando: quia Rex est dum bene regit. Tyrannus dum populum sibi creditum violenta opprimit dominatione. Temperet igitur potentiam suam per legem, quae fraenum est potentiae, quod secundum leges vivat quia hoc sanxit Lex humana; quod leges suum ligent latorem; & alibi in eadem,**Iustinian. Codit. l. 1. Tit. 17. cap. 4. Digna vox Majestate regnantis est, legibus alligatum se Principem profiteri. Item, nihil tam proprium est imperii quam legibus vivere: Et majus imperio est legibus submittere principatum; & merito debet retribuere legi, quia Lex tribuit ei; facit enim Lex quod ipse sit Rex. Item, cum non semper oporteat Regem esse armatum armis sed legibus, addiscat Rex sapientiam & conservet justitiam. (All which is notably seconded by Judge Fortescue, De Laudibus Legum Angliae, c. 9. t…. 15. worthy any Princes serious perusall:) And thus doing, neither he nor his Posterity need feare this Supream prerogative power of Parliaments, which hath laine dead and buryed for many ages; Et pereat positum rubigine telum.

11. All PapistseeSee p. 2. 3. & the Authors there quoted. Bishop …ewels View of a seditious Bull, and of the Popes Supremacy. Cassanaeus Cata. gloriae mundi, part. 4. attribute farre more divine authority and Soveraigne Iurisdiction over Emperours, Kings, Princes, Kingdomes, Subjects, to the Pope their Lord and God, whom they make the Supreame Monarch of the World and all kingdomes in it, and give him greater authority to summon, ratify, and dissolve generall Councels, then ever any Christian King or Emperour, challenged or usurped: yet those who maintaine these Paradoxes of the Popes Supremacy, confesse ffSee Iohn Writes Way sect. 36. n. 30. 34, 35. p. 122. 104. 105. Surius Tom. 3. & 4.that a Generall Councell is above the Pope; and may upon just cause (though they all plead his Soveraignety to be jure divino, and his person most sacred, terming him his Holinesse, in the abstract) not onelyonly convent and censure the Pope for his misdemean…urs, but likewise actually depose him, and set up another in his stead, as the Councels of Pisa, Constans, Basil, (which deposed foure Popes, namely, Gregory the 12. Benedict the 13. Iohn the 23. and Eugenius the fourth) the Councell of Chalcedon against Pope Leo, the Councell of Sinuessa against Pope Marcellinus; the sixth, seventh, and eighth generall Councels against Honorius, the Councels of ggFox Act & Monuments, vol. 1. p. 231. 235. 879. to 890. 962.Wormes and Brixia against Hildebrand, the Councell of Pisa, summoned An. 1511. of purpose to depose Pope Iulius for his perjury, experimentally manifest, and hhSee Iohn Writes Way sect. 36. n. 30. p. 102. & n. 34, 35. p. 104, 105.sundry popish Writers acknowledge. Now the Councell of Basil (as I shewed **See p. 6.before) defined, That the whole Kingdome or Parliament hath as great power over their Kings, as a Councell hath over the Pope: Therefore by Papists verdicts they are above the King in point of Soveraigne power, as a Councell is above the Pope: which Iohn Mariana, de Rege & Regis Instit. l. 1. c. 3. to 10. professedly proves at large.

12. That Court which may lawfully censure, question, depose, banish, execute the Kings greatest Favorites, Officers, Judges, yea Lord Protectors themselves, the highest Peeres of the realme, (notwithstanding such are said to beiiPsal. 82. 1, 2. Ex. 22. 28. John 10. 34.Ps 82:1Ps 82:2Exod 22:28John 10:34 Gods, kkRom. 13. 1, 2, 3, 4.Rom 13:1Rom 13:2Rom 13:3Rom 13:4Ordained of God, Gods, Ministers, To llPro. 8. 15.Prov 8:15decree iudgement by God, to be the higher powers, &c. in Scripture, as well as Kings;) and that not onelyonly with, but against the Kings good will; must questionlesse be the highest power and jurisdiction in the realme, else the Kings and their Authorities might protect them against its Justice. But the Parliament may lawfully censure, question, depose, banish, execute all or any of these, not onelyonly without, but against the Kings consent▪ witnesse the proceedings in Parliament againstmmHoveden p. 702, 703. 705, 706, with Speed, Holinshed, Grafton, Stow, Matthew Paris, Polychrenicon, Fabian. Willam Longchamp, Bishop of Ely, Chiefe Justitiar, Lord Chancellor, and Vice-roy of England, in Richard the first his reigne, during his absence in the Holy Land,) from which offices he was by the Peeres and Commons deposed for his misdemeanour, and oppressions.nnWalsingh. Speed, Holinish. Fabian, in Edw. 2. Froyssards Chron. part. 1. c. 12. 13. Pierce Gaveston and the two p. 69Hugh Spencers, in Edward the seconds reigne, of banished by Parliament, and violently put to death, though the Kings highest Officers, and darling Minions.ooWalsingham Holynsh▪ Speed, Grafton, Stow, in 11 R. 2. c. 1. 6, 7. Froysards Chro. part. 1. c. 97 Michael De la pole, with other great Officers, and Favourites to King Richard the second, condemned, deprived of their Offices, banished and executed by the Peeres in Parliament, together with Tre…ilian, Belknap, and their fellow Judges, who misadvised him in point of Law:ppHall. Stow, Speed, Holynsh. Grafton, Fox. in H. 6. Humphrey Duke of Glocester, protector to king Henry the sixt, arrested of high Treason in a Parliament at Bury, and there murdered; qqHall. Holin. Grafton, Stow, in H. 8.Cardinall Wolsey, that powerfull favourite to king Henry the eight, accused and put from his Chancellorship and other Offices by the Parliament;rrFox, Speed, Holinshed, Stow, Grafton in Ed. 6 The Duke of Sommerset, Lord protector to King Edward the sixt, accused and attainted of high Treason in Parliament, for which he lost his head; the great Earle of Strafford Lord Deputy of Ireland, who lost his head this Parliament for Treason, full sore against his Majesties and the Queenes wills, with infinite others mentioned in our stories and records: Nay Queenes themselves have undergone the censures of Parliament, (of which we have sundry precedents inssSee Fox, Hall, Speed, Holinshed, Grafton, in his life, 28 H. 8. c▪ 7. & 35. H. 8. c. 1. king Henry the eight his reigne) not onelyonly to divorce, but losse of their very heads; and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now?

13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants, and of the extraordinary traine and expences of the Kings owne Court, and gifts; for which I finde these following Presidents, with others; collected by Mr. William Noy himselfe, (as is reported) his Majesties late Atturney Generall, An. 1634. in a Manuscript, entituled, A Declaration, &c. passing under his name.

**Rotulo Parlia. 3 Ed. 3. n^•. 10, 11, 12, 13, 14, 15, 16, 17.Anno, 3 Ed. 3. the houshould was reformed by the petition of the people.

An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown,Rotulo Parliamenti, 1 R. 2. in and by Parliament.