The Treachery and Disloyalty of Papists, Text (2 of 3)

The Treachery and Disloyalty of Papists · Text (2 of 3)

p. 14Among which Articles of his miſgovernment, for which he was judicially dethroned, theſe are rema… able. Firſt, **Graft. p. 400, 401, 402, &c.That he waſ…fully ſpent the Treaſure of the Realme, and had given the poſſeſſio…s of the Crow… to men unworthy, by reaſon whereof daily new charges more and more, were laid on the neckes of the poore C… monalty. And when divers Lords were appointed by the High Court of Parliament to commune and t… of divers matters concerning the Common-wealth of the ſame, which being buſie about thoſe Commiſſions, he … other of his affinity, went about to impeach them of high Treaſon, and by force and threatning, compelled … Juſtices of the Realme at Shreweſbury, to condeſcend to his opinion, for the deſtruction of the ſaid Lords; … ſomuch that he began to raiſe warre againſt John Duke of Lancaſter, Thomas Earle of Arundell, Rich… 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 foreſ… Lords; and ſuffered them to rob and pillage without correction or reproofe.

Item, Although the King flatteringly, and with great diſſimulation made Proclamation throughout … Realme, that the Lords before named, were not attached for any crime of Treaſon, but onelyonly for extortions … oppreſſions done in the Realme, yet be 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, … make great ſines to their utter undoing. And notwithſtanding his pardon to them granted, yet he made the fine of new.

Item, That he put out divers **Note.Sheriffes lawfully elected, and put in their roomes, divers of his owne Mi… ons, 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 ſummes of money, and bound him under his Letters Patents for repayment of the ſa… and yet not one penny paid.

Item, He taxed men at the will of him and his unhappy Councell, and the ſame Treaſure ſpent in folly, not pay… 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 wh… phantaſticall opinion, he deſtroyed Noble men, and impoveriſhed the Commons.

Item, The Parliament ſetling and enacting divers notable Statutes for the profit and advancement of the Co… monwealth, he by his private friends and ſolicitors, cauſed to be enacted; **Such a kinde of proviſo was endevoured to beadded to the Petition of Right, 3 CaroliThat no Act then enacted ſhould … more prejudiciall to him, then it was to any of his Predeceſſors, though with proviſo he did often as he liſted, … not as the Law meant.

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

Item, That without the aſſent of the Nobility, he carryed the Jewels, Plate, and Treaſure of the kingdome o… the Sea, in to Ireland, to the great impoveriſhing of the Realme. And all the good Records for the Comm… wealth, and againſt his extortions, he privily cauſed to be imbezeled and conveyed away.

Item, When divers Lords and Juſtices were ſworne to ſay the truth of divers things to them committed in cha… both for the honour of the Realme, and profit of the King, the ſaid King ſo menaced them with ſore threatning … 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 Prin… hands, and at his diſpoſing.

Item, He craf…ily deviſed certaine privy Oathes, contrary to the Law, and cauſed divers of his Subjects, f… to be ſworne to obſerve the ſame, an… after bound them in bonds for the firmer keeping of the ſame, to the great … doing of many honeſt men.

Which how parallel they are to the late and preſent Court Practiſes, and Doctrines of our times, … wiſe men determine. The King being thus Judicially dethroned in Parliament, Henry the fourth … the ſame Parliament, (which continued notwithſtanding Richards depoſition who ſummoned it) … created King, who in the qq… H. 4. c. 1. 2, 3, 4.firſt Parliament of his Raigne, reverſed, and annulled as illegall, the P… liament of 21 Rich. 2. with all its Acts, Circumſtances and dependants; and revived that of 11 Rich. 2. … all points, as made for the great honour, and common profit of this Realme. To theſe I might adde t… rrWalſing. hiſt. Angl. p. 416. 417. Ypodig. p. 168. 170. Pol. l. 8. c. 10. Caxt. p. 430. Hal Chr. par. 1. f. 25 Hol. p 529. Speed p. 775. Maroin Fabian, Grafion, and others.Rebellious inſurrectious of Richard Scroope, Arch-biſhop of Yorke, the Earle of Northumber land, a… their Complices, againſt King Henry the fourth, Anno 1405. to reforme the State and government, … lieve the Church and Common weale, and Depoſe King Henry in and by a forced Parliament. The Spee. p. 486 Hunting. lib. 8.inſurrection of the Popiſh Nobles againſt King Stephen, for violating his Oath, touching Forreſts, and … p. 15ther immunities of Church and Commonwealth, which they would force him …o confirme; the ſeverall kkWal…ing▪ ham. Hiſt. Angl. p. 258. to 281. Speed▪ …. 849. &c. 734. &c.inſurrections of Jacke Cade, Jacke Straw, Wat▪ Tyler, and their Popiſh Vulgar rabble, to force their King▪ to call Parliaments, to alter and repeale old Lawes, enact new, diſplace offenſive great Officers, promote new ones of their nomination, to ratifie what propoſitions they required, and ſubvert the government of the Real…: with the llSpeed. p. 1032▪ to 1049▪ 1112. to 1120. See Hall, Grafton, Holinſhed, Howes, Martin in the lives of H. 8. Ed 6. and Q. Eliz.ſeverall Rebellions of the Popiſh Lincolne-ſhire and Yorke-ſhire men, under Doctor Mackarell, a Monke, and ſome men of quality in Henry the 8▪ his raigne; Of the Corniſh men, Norſolke men, Ket▪ and others in Edward the 6. his rule; of the Popiſh Earles of Northumberland, Westmoreland, and other Northern Papiſts in Queene Elizabeths dayes, by force of Armes to compel… theſe ſeverall Princes to ſummon Parliaments to repeale all Lawes againſt Moſſe 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 demaunded, 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▪ preſident more, in one of our be… Kings reignes, In 25. E. 1. mmWalſig. Hiſt. Angl. p. 36 37▪ 38. 39▪ 40. 41. 42, 44. 48. Ypoaigm…. Neuſtriae. p. 83. 84. 85. 86. 97. Cookes Magna Charta p. 530. to 580.The Lords and Commons in Parliament grievouſly complained and Petitioned to the King againſt divers taxes, tallages, and priſ…ges wherewith they were oppreſſed by him, to the great impoveriſhing of the Realme; againſt the violation of Magna Charta, the Charter of the Forreſt, the impoſition upon Woolls, and their ſommons to goe with him into Flanders, to which they were not bound by Law▪ The King excuſing theſe taxes, by reaſon of his neceſſity to mainetaine the warres, and giving them a dilatory anſwer; the Earle Marſhall, and Hereford withdrew themſelves from Parliament, and with their complices, commanded the Barrons of the Eſchequor not to levie the 8. penny of the people, granted to the King at S. 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 Forreſta, with the other Articles to them annexed; that he ſhould enact and take no ayds, tax, or tallage from the Clergie or Commons without their common conſent in Parliament, and that he ſhould remit all offences to theſe Earles, and their confederates, all which the King ratified by his **Articuli ſ… per Charta….Charter at large, by his oath, and by a ſolemne excommunication of the Biſhops twice every yeate, of all thoſe who ſhould tranſgreſſe this Charter of his; For which the Laity gave him the 9▪ and the Clergie the 10. 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 Reigne; after ſome delayes, 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-ſommoning them at quinidena Paſche, granted all things abſolutely according to their deſire, committing the per-ambulation of the Foreſts throughout England to 3. Biſhops, 3 Earles, and 3. Barrons, 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) …ereupon the King holding a Parliament at Stamford, the 29. of his Reigne, the Lords and Barrons repaired thither with great ſtore of horſes and Armes, with a purpoſe to extort a…ull execution of the Charter of the Forreſt hither to deferred: upon which the King, conſidering their earneſtneſſe and importunity, condeſcended to their will in all things.

Sixtly, Parliaments, Lords and Prelates in former times have affirmed; that when a Parliament was once met together by lawfull ſommons, it might not be diſſolved or diſcontinued againe at the Kings meere pleaſure, till all the publicke 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 great aaSurius Concil. Tom. 4. p. 103▪ &c. Fox Act. and Monuments. vol. 1. …dit▪ult p. 879 &c▪Councils of Baſil, Conſtans, and divers Popiſh **John White his way, &c. Sect 37 n. 30. p. 102▪Writers, that a generall Councell once lawfully ſommoned by …he 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 th…ſe Coun…ells continued together and depoſed ſundry Popes notwithſtanding their Bulls 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 Town where the Parliament is kept; That all thoſe who would deliver Petitions or Bills to the Parliament, ſhould deliver them in a certaine time: That the Parliament ſhould not depart ſo long as any Petition made thereto …angeth undiſcuſſed or undecided, or at the leaſt to which there is not made a determinate anſwer: the Kings Majeſtie being deſirous of his grace and favour to give the …ubject redreſſe of any injurie, not to ſuffer his people to goe unſatisfied. Hence departing of the Parliament OVGHT TO BE in ſuch manner. Firſt IT OVGHT TO BE demaunded, yea and publikely proclaimed in the Parliament, and within …he Pallace of the Parliament, whether there be any that hath delivered a …etition to the Parliament, and …ath not received anſwer thereto? If there he none ſuch, it i… ſuppoſed that every one is ſatisfied, or elſe p. 16anſwered unto at the leaſt, So farre forth as by Law it may be. And then all may depart. Hence it wa…, that in 21. R. 2. c. 16. 17. 18. 19. divers Petitions not read nor anſwered in Parliament by reaſon of … See Wal…ingham, Mat. Paris, Fabian, Holinſhed, Grafton, Martyn, Speed, in their lives.ſhortneſſe of time, and not determined ſitting the Parliament, were by ſpeciall 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 & Iudgements 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 finde 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 raigne, propoſed this queſtion among others, to his Iudges 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 Parli…ment, and command his Lords, and Commons to depar… from thence or not? Whereunto it was of one minde anſwered, that he may: and if any would proceede in (c) Wal…ingham, Holinſhed, Fabian, Graft. Speed. in 11. R. 2. & the Statuts at large that yeare.the Parliament againſt the Kings will, he is to be puniſhed as a Traytor. For which opinion and others, ſome of theſe Iudges and Lawyers (as Tryſi…ian & Blake) were condemned of high Treaſon the next Parliament 11. R. 2. drawne 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 then malice) were yet condemned as Traytors and baniſhed the Kingdome, onelyonly their lives were ſpared. True it is, that the packed and over-…wed Parliament of 21. R. 2. (terrified by the Kings unruly great guard of Cheſhire Archers fore-mentioned) 21. R. 2. c. 12. being ſpecially interrogated by the Ki…g; how they thought of theſe anſweres of the Iudges, ſayd; That they thought they gave their anſweres duely and faithfully, as good and lawfull l…ige people of the King ought to doe: But yet the Parliament of 1 H. 4. c. 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 treacherous temporiſing Iudges, as a thing made for the great honour and common profit of the Realme. Beſides, the eeCooke 9. Rept. f. 1. in the Epiſtle. 4. E. 3. c. 14. …6. 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 neede be, for redreſſe of miſchiefes and grievances which dayly happen) ſtrongly intimate, that if a Parliament ought in Law to be called as often as need is, of purpoſe to redreſſe the Subjects grievances and miſchiefes; then it ought not in point of Law to be diſſolved, till theſe greivances, and miſchiefes(f) Magna Charta. 1556. part. 2. f. 164. be redreſſed; elſe the ſommoning of it would be to no purpoſe, and bring a great trouble 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 Porteſtation; We ſhall deny nor deferre to no man, either Iuſtice or right: and by ſundry other gg18. E. 3. Stat. 3. 20▪ E▪ 3. c. ….Acts, all the Kings Iudges are ſworne and commanded, to doe even Law and execution of right to all his ſubjects 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, a… if no ſuch Letters, Writs, or Commandements, were come unto you. The makers therefore of theſe O…thes 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. 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 privie ſeal, nor by Writ or Letter could without juſt or lawfull cauſe aſſigned, prorogue or adjourne the Te…me or ſitting of any Courts of Iuſtice, much leſſe prorogue or diſſolve his higheſt Court, and grand Counſell of the Realme, the Parliament, or diſable them to fit to redreſſe the Kingdomes and ſubjects ſeverall grievances, or ſecure the Realme 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 Iuſtice in the higheſt Court or Seſſion; 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 ſubvertion of Lawes, Libertie, Iuſtice, and the whole Realme would enſue. If any therefore cavill at the All for the 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 40. dayes ſpace next p. 17after 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 Parliaments, Prelates, Lords and Commons in former times, have claimed and exerciſed far greater Priviledges and Iuriſdictions, then this or any other P…oreſtant Parliament hath hitherto claimed or practiſed: which I hope will for ever ſilence the clamourous tongues of all ill Counſellors, Courtiers, Royaliſts, Malignants, Papiſts, and Cavaliers againſt the preſent Parliament, of whoſe higheſt (ye… moderate) proceed…ngs, 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, and whole kingdome which it repreſents, may in divers reſpects be truely and properly3. The Parliament and kingdome proved to be above the king. ſayd, to be the Higheſt Soveraigne power of all others, and above the King himſelfe; which becauſe it may …eeme a dangerous paradox, and tends much to the vindication both of the Priviledges, Honour, and …uriſdictions of our High Court of Parliament, (now ſo much undervalued, becauſe not really knowne 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 of Authorities, as no rationall man (I hope) ſhall be able to contradict, but muſt neceſſarily ſubmit to.

Firſt, it is undeniable that See Cromptons juriſdiction of Courts Title Parliament. Brooke Title Parliament. Holinſh. Deſcription of England c. 8. p. 173. Chron. of Ireland, p. 120 to 130. Sir Th. Smiths Cōmon-wealth of England. l. 2. c. 1. 2. 3. Cowel and Minſhew. Tit. Parliament, Camdens Brit. p. 177.the Court of Parliament hath a lawfull power, to queſtion all the Kings Pa…ents, Charters, Commiſſions, Proclamations, Grants, Warrants, Writs, and Commitments whatſoever, whether they be Legall? yea to cancell or repeale them in caſe they be illegall, miſcheivous, or onerous to the Subject, not onelyonly without but againſt the Kings conſent, and mandate to the contrary; as appeares by infinite preſidents in this and all former Parliaments, the ſcourges of Monopoliſts, Patentees and Projectors, the Peſts of the Commonwealth. The like power have all other Courts of Iuſtice 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 Iuſtice is fu…eriour to the King, This is Bractons reſolution, l. 2. c. 16. f 34 a, and Fletaes l. 1. c. 17. Where …hey affirme, the Law and Parliament to be above the King, becauſe they may cenſure, judge, and reſcinde the Kings Acts and Charters, legally and judicially, even againſt his perſonall, though not legall Will, which …s 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 ſupremeſt and moſt proper judge, and its reſolution (from which there is no appeale …o 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, (i) See 21. Iacob. c. 3. Co. l. 8. f. 125. to 130. l. 10. f. 113. l. 11. f. 84. to 89. Fitz Brooke, and Aſh. Tit. Charters, & Grant le Roy, Comiſſions, Habeas Corpus, Bayle, and the Iudges arguments againſt Shipmoney.Forreſt-Bounds, Marſhall Law, Preſſing and …illetting ſouldiers, Impriſonment by ſpeciall Command of the King or his Privie Counſell, Tonnage and Poundage, Knighthood and Taxes, The Commiſſion of Array, and …he like, which obliege both King and Subject; the King in receiving juſtice, in ſuch caſes, being ſubject …o the Law as well as the meaneſt of his ſubjects; as kkRex in juſtitia re… pienda minimo de …egno ſuo comparatur: minimus eſſe debet vel qua…i 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, …n caſes of higheſt concernment, entrenching fartheſt upon his Prerogative Royall, muſt doubtleſſe …e 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 war…anted by the Law which is paramont, the King (as Bracton, mmLib. 1. c. 5. 17.Fleta, nnCap. 9. to 15.Forteſcus, ooSpeech in Parliament. 1609King Iames, ppIn his …awes in Fox Acts & Mon. Edit. vol 1. p. 214.Edward the Conf…ſſor; yea and (q) Ariſtotle, reſolve) may be truely ſayd to be above the Kings …erſon, which they binde; but not above the Parliament, which by its ſuparlative power may examine …ll ſſ1 H. 7. 1. Br. parliament, 92. Aſh. tab. 65. 67.judgements and verdicts in other Courts by way of error, or appeale, and reverſe them if there be …uſe, when as the King in perſon cannot by law examine or reverſe them, but onelyonly in his Courts …f Iuſtice, by his Iudges.

Thirdly, Parliaments oft times doe, and may as they ſee cauſe, enlarge the Kings Prerogative and Royall …ower in ſundry particulars, in which the King had no ſuch juriſdiction before theſe Acts; witneſſe the …tatute de Praerogativa Regis. 25. H. 8. c. 19. 20, 21. 26. H. 8. c. 1. 3. 31. H. 8. c. 8. 9. 34. & 35. H. …. 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 more. Now(…) Lib. 1. c. 8. l. 3. c. 9. f. 107. p. 18(r) polit. l. 3. c. 1… ▪ 11. 12.that Parlimentary power, which onelyonly can create and conferre on Kings a greater regall Authority and Prerogative then they had before; muſt needs be the Originall and ſupreame authoritie: for as we rightly argue mmSee 1 Eliz. c. 1. Raſtal. Tit Sewers: or Commiſſioners. Raſtall. Tit. Iuſtices, &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 authoritie of all other, yea larger and higher than the kings; nnQui…quid …fficit tale eſt magis tale, & nemo poteſt dare quod non habet: are true in this caſe.becauſe it onelyonly can enlarge the Kings prerogative, whoſe originall or additionall Royalties, proceede 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 various ooSee Alex. ab Alexandro. …. 3. c. 2. Facile perſpici poteſt & regni multa eſſe genera, nec eandemimperii formam, in omnibus eſſe regibus. Regalis potentiae gen…ra numero ſunt quatuo…. Ariſtot. Polit. l. 3. c. 10. 11. See Dan. c. 8. & 11.Dan 8kinds of kings; whereof ſome are of greater power and authority, others of leſſe; ſome by Election, others by ſucceſſion, by reaſon of their Subjects originall inſtitution; by the diverſe alterations of the Monarchy in this kingdome, which hath▪ beene ſometimes divided into 7. ſometimes into 5. ſometimes into 3. or two kingdomes, and at laſt reduced unto one; by the great changes and alterations made in all forraigne Realmes, which have ſometimes multiplied, ſometimes diminiſhed the number and power of their Princes, and ſometimes quite aboliſhed the royall forme of Government, changing it into an Ariſtocraticall or popular rule: 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. Dier…m 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 r…igne… by two expreſſe determinations of Ariſtotle in theſe termes ssPoliticorum l. 3. c 10. p. 209 2…0.Regna patriis moribus & legibus FVNDATA & CONFIRMATASVNT. And ttIbid l. 5, c, …3 p. 367.Verum Regnum eſt imperium, majoribus & praeſtantioribus viris VOLVNTAT … CIVIVM DELATVM: ſeconded by vvDe Officiis, l. 2. Caeli… Rhodi Antiq. Lect l 8. c. 1 Alexander ab Alexandro Gen. Dierum l. 4. …. 23. Livie. Hiſt Rom. l. 1. Sect. 17. p. 14. 15. & l. 4 p. 144. 145. Pl…archi Num… …ompilius.Tully, Livie and others, but likewiſe by Andrew Horne, an eminent Lawyer in Edward the 1. his raigne, in his Myrro…r of Juſtices: Chap. 1. Sect. 2. p. 7. 8. 9. where he thus writes of the originall inſtitution of our Engliſh Monarches. After that God had abated the Nobility of the Britans, who rather uſed force then 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 40. Kings, all which held themſelves to have COMPANIONS. Theſe Princes called this Land England, which before was named Greater Britain. Theſe after great warres, elected from among them a King to Raigne 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 p See Mathew Paris, Speed, Holinſhed, Grafton, and others.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 his 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 P…res 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 Iudge and Party; OF RIGHT IT BEHOVES, that the King ſhould have q Livie Hiſt. Rom. l. 1. Ariſt Polit. l. 2. c. 8. Goodwins Rom. A…tiq.COMPANIONS, for to heare and determine in Parliaments all the Writs and Plaints of the wrongs of the King, the Queene, and their children, and of thoſe eſpecially, of whoſe wrongs they could no… 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 3. his raigne as in his forecited Paſſages; ſo in others, reſolves; xxLib. 1. c, 8. f. 5. lib. 3. c 9, f▪ 07.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 k…ng, but by the Parliament, the kingdomes great Counſel, by whoſe counſell and conſent alone all Lawes were firſt enacted, and yet are, as the yyHujuſmodi leges Anglicanae cum. …uer…m approbatae, & Sacramento Regis confirmatae mutari non poterunt, &c. Idem l. … ▪ c. 2, f. 1. 6.ſame Author informes us, who further addes▪ That the King ought to be under the Law, becauſe Chriſt whoſe Vicar he is on Earth, when he 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 iuſtice, and ſo would be zzGal. 4. 4. ….Gal 4:4under 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 humilitie, refuſed not to be a ſubiect to Legall Ceremonies. So therefore the King, leſt his power ſhould remaine unbridled, there ought not to be a greater then he in the Kingdome in the exhibition of Iuſtices; yet he OVGHT TO BE THE LEAST, or AS THE LEAST IN RECEIVING IVDGMENT, if he require it. bb…ract. …. 3. c. 9. f. 107. lib. 1. c. 8. f. 5. l. 2. c. 16. f. 24.That a King is created and elected, (by whom but by his kingdome?) to this purpoſe, to doe juſtice unto all. That a king cannot doe any thing elſe in earth (ſeeing be is Gods Miniſter and Vicar) ni…id ſolum quod de jure p. 19a Luk. 2. 22. 23. 24.Luke 2:22Luke 2:23Luke 2:24…oteſt: but that onelyonly which he can doe by Law. That God, the Law, and his Court (to wit) the Earles …nd Barons (in Parliament) are above the King, and ought to bridle him, and are thence called ccComites vi…: quia a Comitatu …ive a ſocietate nomen ſumpſerunt, qui etiam dic… poſſunt Conſules a conſulendo; Reges enim tales ſi… aſſociant ad conſulendum & regendum populum Dei. ordina…tes eos in magna poteſtate, honore & nomine &c. Idem. l. …. c. 8. f. 5. 6.Co…ites; becauſe they are the Kings Companions. Fleta an Ancient Law-booke, written in King Edward …he third his raigne, lib. 3. c. 3. and 17. uſeth the ſelfe ſame words that Bracton doth; and concludes …hat the King hath a Superior, to wit, God, and the Law, by which be is made a Ki…g, and his Court of Earles …nd Barons; to wit, the Parliament. ddDe Laudibus Legum Argliae. c. 9. to 15.Forteſcue a great Lawyer, Chauncellor to King Henry the 6. …roves at large, That the King is not above but under the Law that be cannot alter the Law of Ergland, …or …ay any Taxes at all on his Subiects but by Parliament. That all lawfull Kings and Kingdomes were at …rſt created and erected onelyonly by the unanimous free aſſent of the people: that the kingdome of England is a Po…cie, or Ariſtocraticall mixt Government, not an abſolute royall Soveraignety; That the eeHanc poteſtatem â pop… lo effluxam ipſe habet &c. p. 25.King hath his …yall power DERIVED TO HIM FROM THE PEOPLE, whereby it is unlawfull for him to …le his people by any other power: which he proſecutes in ſundry chapters too tedious to tranſcribe, …nd in one word, ffChap. 8. vol. …. pag. 173.Raphael Holinſhed, Iohn Vowell and others, in their Deſcription of England, …rinted Cum Privilegio, reſolve thus of the Parliaments power. This Houſe, hath the moſt high and …bſolute power of the Realme, for thereby kings and mighty Princes have from time to time beene …epoſed from their thrones, and Lawes are enacted and abrogated; Offenders of all ſorts puniſhed, and cor…pted Religion, either diſanulled or reformed. It is THE HEAD AND BODY OF ALL THE …EALME, and the place where every particular man is intended to be preſent, if not by himſelfe, yet by …s Advocate and Attorney: For this cauſe any thing that is there enacted, is not to be withſtood but obeyed … all men, without contradiction or grudge: and to be ſhort, all that ever the people of Rome might doe, ei…er 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 …eir Kings and Emperours, and likewiſe to judge, cenſure, and depoſe them: to create and elect all kindes … Officers, and to **See Bodine l. 2. c 5. l. …. c. 10 Eutropius and Grimſton in the life of Nero, Maximinius, Heliogabalits and others. Livy▪ Rom. Hiſt. l. 1. & …change the very forme of their State and Government (as I ſhall hereafter manifeſt) Therefore by theſe Authors reſolution, the Parliament hath an abſolute power to doe the like, when …hey ſee juſt cauſe. Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. …nd Queene Elizabeth and a Doctor of Law, in his Common-wealth of England, l. 2. c. 1. in the old, but … ▪ in the laſt Edition, hath the ſame words in effect with Holinſhead, and addes, that the Parliament gi…eth forme of Succeſſion to the Crowne, &c. Our kings royall power being then originally derived to …hem, conferred on them by the peoples and kingdomes common conſents in Parliament, and all their …ew additionall Prerogatives too; as the premiſes evidence, it cannot be denied, but that the whole …ingdome and Parliament, are really in this ſence above him, and the moſt Soveraigne prime power, …om whence all other powers were, and are derived. See Forteſcue, c. 9. to 15.

Fourthly, This is undeniable, becauſe the whole kingdome in Parliament, may not onelyonly aug…ent, but likewiſe * abridge, allay, aboliſh, and reſume ſome branches of the Kings royall power and …erogative if there be juſt cauſe, as when it becomes onorous, miſchievous and dangerous to the Sub…ects▪ inconvenient to, or inconſiſtent with the kingdomes, peoples welfare, peace, ſafety, Liberty, or …he Lawes; this is moſt apparant by Magna Charta; Charta de Forreſta, Statutum de Prerogativa Regis; & De Tall…gio non-concedendo. 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. …. 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. … 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. …. 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 …he Petition of Right. 3. Caroli. moſt Statuts againſt Purveyens, Pardons, Protections, the Acts made this Parliament againſt Ship-money, Knight-hood, Forreſt-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 Shipmoney and Impoſitions, and the Declarations againſt the Commiſſion of Aray.ſun…ry other Acts, which reſtraine, abridge, repeale▪ and reſume divers reall and pretended branches of the …ings royall Prerogative, becauſe they proved grievous, and miſchievous to the people, and dangeous and pernicious to the 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 al or any part of that Regall power wherewith they have once inveſted their Kings by common conſent. Which as it is contrary …o that received principle of nature and reaſon: Eodem modo quo quid conſtituitur, diſſolvitur, That …ll Governments created by mens conſents, may be altered, diminiſhed, or repealed by their conſents, … iiSee Ioſhua, Iudges, Samuel Kings, Chron. Daniel throughout …ſaiah, Ieremy, Ezickiel in ſundry chap.ſundry Preſidents and Propheſies in Scripture concerning the alterations, the Subverſions, and Dimi…utions of kings and kingdomes; to the conſtant practiſe of kkSee Sleidan. de 4. or Imperiis: Mat. Weſt. Livy, Iuſtin, Opmerus, Purchas, Chronicon …hronicorum; and all generall Hiſtories.all Realmes and States whatſoever, from …dam till this inſtant, who have undergone many ſtrange alteratians, eclipſes, diminutions, yea Pe…ods of Government: to the Reſolution of llPolit. l. 2, 3, 4, 5. Plato de Republica, Bodius Common wealth: The Repub▪ of …undry Nations▪Ariſtotle and al other Polititions, who hold all formes of Government changeable and revocable, without any injuſtice, if neceſſ…ry or convenient; So likewiſe …o the very end for which kings haveregall power (as well as other Governours, and Governments) p. 20were ordained; to wit, their kingdomes, peoplesmmRom. 14. 1, to 6. 1 Pet. 2. 13. 14. 2 Sam. 5. 12. Ariſtotle Pol. l. 3. 4. 5. Caelius Rhodig. l 8. c. 1. Bracton. l. 3. c. 9. f. 107.Rom 14:1–61 Pet 2:131 Pet 2:142 Sam 5:12 welfare, ſafety, peace protection, &c. Salus p… puli, being not onelyonly that Suprema Lex, but principall end for which all royall power was inſtitute… by God and man, and to which they muſt ſubmit in caſe it become in compatible, or cannot conſiſt together without dammage or danger to the publike ſafety: what therefore that learned Father Auguſtine Biſhop of Hippo, long ſince reſolved touching the (now much conteſted for) Lordly State of Epiſcopacie, which he and neere 300. 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 the 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 Geftis cune Emerita Donatiſt. Epiſ. Tom. 7. pars. 1. p. 782. 783.What verily did ou… Redeemer deſcend from heaven into humane members, that we might he his members, and ſhall we, le…t his very members be rent in pieces with cruell diviſion, feare to deſcend out of our thrones? we are ordained BP^• fo… Chriſtian peoples …ake, what therfore may profit them for Chriſtian peace, that let us do 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 do we envie the… eternall gaines of our Lord for our tempot all ſublimities or Prerogatives? Our Epiſcopall dignity will(o) See all Acts of Repeale, and others which alter the common Law. See Smiths Commonwealth. l. 2. c. 2. 3. be more fruitfull to us, if it ſhall more unite the flock of Chriſt then diſperſe it if retained. If when I will retain my Biſhoprick I diſperſe the …lock of Chriſt, how is the dammage of the flock the honour o… the ſheapheard? &c. Old ſtatute Lawes, yea and the common Law of England may be, and oft are repealed and altered by Parliaments, (though above the king and his Prerogative) when they become miſchieuous … inconvenient, therefore any branches of the kings Prerogative, inferiour to theſe Lawes, when they prove grievous or dangerous to the ſubjects. It is the kings own profeſſed Maxime, in full Parliamen;ppAt 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 ſubver… them, it may juſtly, it muſt neceſſarily be reſtrained, diminiſhed or reſumed by the Parliament, from whoſe aſſent or grant, it firſt proceeded. The EmperourqqSee Eutropius, Sabellicus, Grimſton, Speed, & others of his life. Otho the firſt, and our king Richard the ſecond (asrrSpeeds Hiſtory p. 757. ſome imagine) voluntary reſigned, relinquiſhed their Crownes, to their immortall honour, to prevent the effuſion of their Subiects blood, by civill warres, and ſettle peace within thei… Realmes: and ſhall not other kings then moſt joyfully part with ſome Punctilioes of their reall, o… 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 manifeſtsttSee Br. Tit. Corporations. that the whole, or greateſt part in all politique or naturall Bodies, is of greater power & Juriſdiction, then any one particular member. Thus in all our (t) Corporations, the Court of Aldermen and Common Councell is of greater power then the Major, though the chiefe Officer: the Chapter of greater authority then the Deane, the Deane and Chapter then the(s) Keckerman Syſtema Logic. l. 1. c. 22. BPP; the whole Bench, then the Lord chiefe Juſtice, the whole Counſell then the Preſident; the whole Parliament then either of the Houſes, and by like reaſon then the king; eſpecially, ſince one of the three Eſtates is leſſer then the three Eſtates together, who in Parliament, by the fundamentall Conſtitions of the Realme, are notvvSee the fuller 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,xxQuod eorum qui rempublicam gerunt majori parti placue…it, id eſt ratum ac …mum. Ariſt. Polit. l. 4. c. 8. & l. 3. that in an Oligarchie, Ariſtocraſie, and Democraſie, whatſoever ſeemes good to the Major part of the Governours of the Common-wealth, that is ratified, and that it is unfit the part ſhould be above the whole: And in all Courts of Iuſtice, Corporations, and Elections,yyBr. Corporations. 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 thezz14. 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 no abſolute negative voyce, but onelyonly in refuſing to paſſe ſome kinde of Bills not all (of which more hereafter) doubtleſſe the whole, or 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. Stat. 2. c 4. 6. H. 8. c. 16. Enacting, That none elected to be in any Parliament ſhall depart or abſent himſelf from the ſame Parliament till it be fully ended or proroged, without ſpeciall licenſe of the Speaker of the Commons to be entred of record in the jornall Booke, under paine of amercement, loſſe of wages, and other puniſhment; nor**See the manner of holding Parliaments in England: newly Printed, London. 1641 and Dyer. f. 60. 2. any member of the upper Houſe without that houſes licenſe under paine(a) Major Pars eſt totum▪ Brookes Corporations 34. Smiths Commonwealth of England: l. 2. c. 3. p. 21…f inditement, impriſonment or fine; as appeares by the Biſhop of Wincheſters caſe, 3. E. 3. 19. Fitz. …orone 161. and Stamford, l. 3 c. 1. f. 153) compleatly anſwers that fond cavill of the Malignants …nd Royaliſts againſt this Parliament; that the king and many of the other members have wilfully …bſented themſelves from the Houſe, of purpoſe to diſſolve it if they could, notwithſtanding the late …peciall Act made by their joyntconſents 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 …ogicke) the lawfull proceedings of thoſe worthy faithfull members who continue in it, to preſerve …oth Parliament, Kingdome, Religion, Lawes, Liberties, from ruine and diſſolution. If theſe ab…ent members be the greater number, why doe they not come and over-vote the reſt in the Houſe in peaceable, legall, uſuall Parliamentary way, rather then challenge them into the field in a military, …legall, unuſuall bloody manner, unheard of in former ages? If the leſſer party, then preſent or ab…ent the Major part muſt over-rule them volensnolens, as it hath ever uſed, unleſſe they will be wil…ller (I cannot ſay wiſer) then all their predeceſſors put together.

As for his Majeſties abſence from Parliament by the pernicious adviſe of Evill Counſellors; ſoObject. …uch inſiſted on by Malignants.

I anſwer. 1. That it was without any juſt cauſe given by the Parliament. Secondly, It was muchAnſw. …gainſt their wills, who have aaSee their Meſſages and petitions to the king to this purpoſe.oft importuned, petitioned, and uſed all poſſible meanes to procure …is returne. 3. His abſence was procured, and is yet continued by thoſe alone, who moſt unjuſtly …axe the Parliament for it, and would take advantage of this their owne wrong. Fourthly, though …e be perſonally abſent as a man; yet he is ſtill Legally preſent in Parliament, (called the kings pre…ence, as he is a king; as he is in al other his Courts of Iuſtice, where all proceedings are entred, bbSee Camdens Brit. p. 163. which ſtiles the Parliament the kings preſence. The Regiſter of Writs. Old & New Natura Brevium: old and new book of Entries. Cookes Inſtitures on Littleton, f. 71. 6▪Co…am Rege, though the king never yet ſate perſonally in either of them, as he hath oft times done in his Parliament; for the continuance whereof he hath paſſed ſuch an Act, as will inſeperably tye his …oyall preſence to it, though his Cavaliers about him ſhould by force withdraw his perſon from it, …ot onelyonly as farre as Yorke, but the remoteſt Indies; yea he muſt firſt ceaſe to be king of England, ere …e can be legally abſent from his Parliament of England. This his wilfull perſonall abſence from …is greateſt Counſell which deſires and needes it, is (as many conceive) an Act of the higheſt in juſtice …hat ever any Prince could offer to his Parliament, worſe then aa… King. 12. & 2 Chron. 18.2 Chr 18Reh…boams forſaking the counſell …f his ancient Sages, to follow the hare braind adviſe of his young Cavaleers; for though he follow…d not their ancient prudent counſell, yet he withdrew not himſelfe from them, as his Majeſtie …oth now ſever himſelfe from his Parliament, not onelyonly without but againſt all prefidents of his …oyall predeceſſors, except king (b) Richard the ſecond (who once abſented himſelfe from his Parlia…ent above 40. dayes, yet then returned to it upon better adviſe) and the very common cuſtome and …aw of the Land, (which he is obliged by his Coronation oath, and many late proteſtations added …o it, conſtantly to maintaine.) This appeares moſt clearely by the ancient Treatiſe, of the man…er of holding of Parliaments in England, both before and ſince the conqueſt, **See Minſhes Dictionary: Title Parliament, f. 526.tende…ed to and ap…roved by the Conquerone himſelfe (newly printed 1641) which in the Section, touching the kings …bſence from Parliament, reſolves thus. The king is BOVND by all meanes poſſible TO BE PRESENT AT THE PARLIAMENT; unleſſe he be detained or let therefrom by bodily …ickneſſe, and then he may keepe his chamber, yet ſo as he lye not without the Manour or Towne …t the leaſt, where the Parliament is held: and then he ought to ſend for 12. perſons of the grea…eſt(t) Grafton, p. 348. 349. 350. and beſt of them that are ſommoned to the Parliament, that is, 2. Biſhops, 2. Earles, 2 Ba…ons, 2. Knights of the ſhire, 2 Burgeſſes, and 2. Citizens to looke upon his perſon, to teſtifie and …itneſſe his eſtate, and give A uthority to the Arch-biſhop of the place, the Steward of England, …nd chiefe juſtice, that they joyntly and ſeverally ſhould begin the Parliament, and continue the ſame … his name, expreſſe mention being made in that commiſſion, of the **Note this.cauſe of his abſence there, …hich ought to ſuffice. The reaſon is, becauſe there was wont to be a cry and murmure in the Par…iament for the kings abſence, becauſe his abſence is hurtfull and dangerous to the whole commo…alty of the Parliament, neither indeede OVGHT, OR MAY HE BE ABSENT, BUT ONE…Y IN THE CASE AFORESAYD. And whereas Malignants clamour, that moſt of the …ords are abſent as well as the king, and therefore this can be no lawfull Parliament; The ſame …uthor will in forme them, that if the Lords be once ſommoned to Parliament, and then appeare …ot or abſent themſelves, the king may hold the Parliament with the commonalty and commons …f the kingdome (every of which hath a greater voyce in Parliament then the greateſt▪ Earle in Eng…nd, becauſe he repreſents a whole county, towne or city, the other himſelfe alone) without Biſhops …arles, or Barons; becauſe in times paſt, before there was either Biſhop, Earle, or Baron, yet even …hen kings kept their Parliaments; but on the contrary, no Parliament can be kept by the king and …eeres, if all the Commons (for the kings miſgovernment, or ſuch like cauſe) ſhould abſent them…lves. This is the judgement of rrIn Holinſheads Chronicle of Ireland. f. 127. 128.Maſter John Vowel too, who writes in this manner: Yet ne…rtheleſſe, if the king in due order have ſommones all his Lords and Barons and they will not come, p. 22or if they come, they will not yet appeare: or if they come and appeare, yet will not doe or yeeld … any thing, then the king with the conſent of his Commons, may ordain & eſtabliſh any acts or Lawe… which are as good, ſufficient and effectuall, as if the Lords had given their conſents. But on th… contrary, if the Commons be ſommoned and will not come, or comming will not appeare, or appe… ring will not conſent to doe any thing alleaging ſome juſt weighty and great cauſe; the King in theſ… caſes ddCromptons Iuriſdiction of Courts, f. 8. 4. H. 7. 18. 7. H. 7. 14. 11. H. 7. 27. Parliament 42. 76. 33. H. 6. 17. adjudged accordingly Br. Prerogative. …34.cannot with his Lords deviſe, make or eſtabliſh any Law. The reaſons are theſe; whe… Parliaments were firſt begun and ordained, there were no Prelates or Barons of the Parliament, an… the temporall Lords were very few or none; and then the king and his Commons did make a fu… Parliament, which authority was never hitherto abridged. Againe, every Baron in Parliament do… 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 g… veth not conſent onelyonly for himſelfe, but for all thoſe alſo for whom he is ſent. And the king wit… the conſent of his Commons had ever a ſufficient and full authority, to make, ordaine, and eſtabliſ… good and wholeſome Lawes for the Common-wealth of his Realme. Wherefore the Lords bein… lawfully ſommoned and yet refuſing to come, ſit, or conſent in Parliament, cannot by their folly … bridge the king and the Commons of their lawfull proceedings in Parliament. Thus and mo… Iohn Vowell in his Order and uſage how to keepe a Parliament; Printed Cum Privilegīo. But we need… not retire to this laſt refuge; the Honorable faithfull Lords now preſent, though not ſo many … 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 being eeSee Stamford …. 38. 155. 3. E. 3. 19. Coro. 161.contrary to Law, contrary to the Priviledges of Parliament, and their late Proteſtation… tending to the very ſubvertion of Parliaments (for which they and their poſterities too, may juſtly b… diſabled for ever to ſit as members of that Houſe, which they have ſo diſhonourably, if not treache… rou…ly deſerted, even as ffDyer f. 60. n.well as Knights and Bargeſſes, whoſe perſonall attendance is ſo neceſſary, th… if during the Parliament they abſent themſelves from it about any buſineſſes of their owne without leave … the Houſe, they may be preſently expelled, and others choſen in their place to make the Houſe compleat,) ca… no more diſable thoſe now preſent from being a true and lawfull Houſe of Peeres; then the multitudes departing from the true Church of God, to the falſe, diſproves it to be the true Church of Chriſt ggLuke 12. 32 Mat. 13. 23. Mat. 7. 13. 14▪Luke 12:32Matt 13:23Matt 7:13Matt 7:14whoſe true flock is but little. In a word hhSee Biſhop Iewell Defence of the Apologie, part. 6, c. 7. Di…iſ. 1. Biſhop Bilſons… true difference of Chriſtian Subjection, & unchriſtiā Reb part 3. p. 540. 541. 542. Biſhop Pilkington of the burning of Pauls ſteeple. Keilway. f. 184. b. Cromptons Iuriſdiction of Courts f. 19. 20. 10. E. 4. f. 6. Stamfords Plees, l. 3. 6. 1. f. 153. Br. Corone. 135. Antiq. Eccleſiae Brit. p. 299. 300. Speed p. 1156. Martyns Hiſt p. 450. to 454. Iohn Vowel… 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. 3. R. 2. c. 12. 1…. R. … Preface &c. 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. H. 3. ſtat. of Marlbridge. 4. E. 1. de Big. Prolog. &c. 6. 6. E. 1. ſtat. de Gloſter. Preface 13. E. 1. Acton Burnel. 13. E. …. c. 43. … …alefact. in part. 21. E. 1. Eſchetors. 3. E. 1. Quo warranto. 9. E. 2. Artic. Cleri. Pref.Act… made without Biſhops or Abbots heretofore, even while they were reputed members of the Lords Houſe; an… one of the 3. Eſtates in Parliament; therefore this Parliament (which hath taken away Biſhops Vote for ever … may be lawfully held, notwithſtanding any Lords or Commons, wilfuls abſence from it i… perſon; who yet as long as they are members of the Parliament, ſhall ſtill be adjudged legally preſent, wherher they will or no. One puny Iudge in the Courts of Weſtminſter may and doth uſually give judgement, and make binding Orders though the Chiefe Juſtice and his fellowes be abſent.

Sixthly, It is moſt apparent both by iiSam. 19. 20. 2 Sam. 5. … 12. 2 Chron. 9. 8. Iſay 49. 23. Rom. 13, 4. 5. 1 Pet. 2. 13. 14.2 Sam 5:122 Chr 9:8Isa 49:23Rom 13:4Rom 13:51 Pet 2:131 Pet 2:14Scripture, the verdict of all kkAtiſt. Polit. l. 3. & 5. Plato: Age…ilans. Xenophon de In…it. Cyri. Hiſt. Caelius Rhodig. Antiq. Lect. …8 c. 1. Bodin de Republica. Oſorius de Rege & Regum In…it.Polititians and writers … note, the llThe 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 Realme and Lawyers, that Kingdomes, Subjects and Parliaments, were not created by God for the wills, 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 ſtil continued for the protection; welfare benefit, ſervice of their Kingdomes, Parliaments, People, whoſe publike Servants, Miniſters, Sheapheards▪ Fathers, Stewards, and Officers they are. Now nature, reaſon, and nnGen. 1. 26. to 31. c. 9. 2. 3. 4. Pſal. 8. 6. 7. 8.Gen 1:26–31Ps 8:6Ps 8:7Ps 8:8Scriptures reſolve, that he wh… is inſtituted meerely for the benefit and ſervice of another (as all the (n) Creatures were created for man… uſe, and therefore are inferiour unto man in dignity and power) is of leſſe dignity, power, and juriſdiction, then the intire body of thoſe for whoſe good he was inſtituted; as the ooEpheſ. 6. 5. Col. 3. 22. 23. 24.Eph 6:5Col 3:22Col 3:23Col 3:24ſervant is inferiour to his Maſter; the ppGen. 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 11:31 Cor 11:81 Cor 11:9Eph 5:23Eph 5:241 Pet 3:11 Pet 3:18wife to her husband, for whom they were created; the Major to the whole Corporation; and the King to his whole Kingdome and Parliament: which conſideration hath cauſed ſundry Kings and Emperors, 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 Eutropius, Grimſton, and others in his life.Otho the firſt, and others) with the Examples of Moſes▪ p. 23m 1 Cor. 3. 21. 22. 23▪1 Cor 3:211 Cor 3:221 Cor 3:23Exod. 32. 9. to 15. 32. Numb. 14. 11. to 15. of David, … Sa…. …9. …7. 1 Chron. 21. 17. and Iohn 10▪ …1. 15. with other preſidents which I pretermit. The King then being made King, onelyonly for the Kingdomes, Parliaments, Peoples, ſervice, muſt needs (…n this regard) be inferiour to, not Paramont them in abſolute Soveraigne power; though greater, **2 Sam. 18. …2 Sam 18better then any particular Subjects.

Seventhly, the Parliament (as our (q) Law▪ bookes, and rrCromptons Iuriſdiction of Courts. f. 1. &c. Bracton. l. 1. c. 2. 19. H. 6. 63 a. 64. b. 31. H. 8. c. 10. Dyer 60 a. Cookes Inſtitutes on Littleton, f. 109. 110.Writers reſolve) is the moſt high and ab…olute 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 amorg other Priviledges this is the higheſt, that it is above the Law …t 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 …udgements whatſoever of the King or any other Courts of Iuſtice, if they be erronious or illegall, not onelyonly without, but againſt the Kings perſonall conſent, ſo far 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 Realm …eſted in his perſon, that he ttForteſcue c. 10. to 1…. Bracton. l. 1. c. 8. l 3. c 9. Fleta. l 1 c. 5. 17. Brooke. Patents. 25. 41. 12. 51. 53. 69 73. 100 & Prerogative 15. 103. Commiſſions 15. 16. See Iudge Crooks and Iudge Huttons Arguments againſt Ship-money Petition of Right 3. Carol. Br. Parliament. 42.and his Prerogative are not above, but ſubordinate to the Lawes of the Realme; that he cannot by his abſolute regall power, altar the Common Law of the Realme in any particular point whatſoever, that he cannot repeale any old, nor enact any new Law whatſoever, norimpoſe the leaſt taxe or common charge upon his people, nor impriſon their perſons, diſtraine(s) Sir Thoma… Smith, of the Commonwealth of England: l. … ▪ c. 1. 2. Holinſhed Deſcription of England. c. 8. p. 173. Cambdens Brittania p. 173. Iohn Vowels Order and uſage how to keepe a Parliament: in Holinſheads Chronicles of Ireland p. 101. to 120. Minſhewes Dictionary Tit. Parliament. 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 Poteſtas ſua Juris eſt & non Injuriae, & Nihil …liud poteſt Rexin terris, ni…i ID SOLVM QVOD DE JVRE 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. vvOf the Common-wealth, l. 2. c. 10. p. 159.Iohn Bodin that great Lawyer and Polititian, reſolves; That the chiefe marke of an abſolute and Soveraigne Prince is to give Lawes …o 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 be 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 (as xxl. 2. c. 16. f. 34. a. & l. 1. c. 8. f. 5. b. & Fleta. l. 1. c. 17. Walfingham, Hiſt. 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 Soveraignes, inferiour to their Lawes and Parliaments, the …ole Law-makers and Law-alterers, though not againſt, but with the Kings aſſents, conſidered not abſtractively as Kings, but copulative as a branch and member of the Parliament. And indeede to ſpeake impartially, though the kings ▪Royall aſſent yySee Sir Thomas Smiths Common wealth of England: l. z. c. 1. 2. 3. Holinſhed Deſcription of England. c. 8. p. 173. & Chronicles of Ireland. p. 101. 102. M. Hackwels manner of paſſing B… ▪ Sect. 8. p. 74. Brooke Parliament 4. 107. 33. H. 6. 33. 33 H. 8. c. 21. Cromptons Iuriſdiction f. 7. b. Br. Parliament. 26. 39. 40, 41.be generally requiſite to paſſe and ratifie Lawes, yet I humbly conceive, that the originall, prime Legiſlative power of making Lawes to binde the Subjects and their Poſteritie, reſts not in the kings owne royall perſon, but in the Kingdome and Parliament which repreſents it. For, firſt, admit the king ſhould propound any Lawes to his people (as kings and Lawgivers uſually did at firſt) yet theſe Lawes would no 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 them zz4. H. 7. 18. 7. H. 7 14. 11. H. 7. 27. 33. H 6. 17. Bro. Parliament. 4. 40. 76. 107. Cromptons Iuriſdiction. f. 8.but becauſe the people gave their aaBro. Ancient Demeſne. 2…. 10. H. 7. 20. a. 33. H. 8. c. 17.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 **See 2. 7. 8. 12. 14. 17. 4. H. 7.AUTHORITY OF THE SAME PARLIAMENT, doth grant and ordaine, &c) and all our Law-bookes reſolve, and that upon this received Maxi ne of Law; Quod tangit omnes ab omnibus debet approbari The king doth but like the Miniſter in Marriage, p. 24declare it to be a Law; but tis the parties conſents which makes the marriage, and the people onelyonly that makes it … Law to binde them; whence thoſe in aaCook 7. …luins caſe. 7. H. 6. 35. b. Dyer. 373. Br. Parliament▪ 98.Scotland, Ireland, Man, Garnſey, … Jer…e are not bound by our Engliſh Statutes, (nor we by theirs) nor tenants in Ancient demeſne, becauſe they conſented not to them. Therefore the chiefe Legiſlative power is in the people and both Houſes o… Parliament, not in the king: as it was in the Roman State, Where the bbLivy Hiſt▪ …. 1. & 2. Bodin Commonwealth, …. 1▪ c. 10.people had the So…eraigne Iuriſdiction of making and confirming Lawes to binde them, not their Kings, Emperours, o… Senate, as I ſhall hereafter manifeſt.

Secondly, this appeares by the caſe of ccFiz. Aſſiſe 413. Avowry 74. Praeſcri… …ion. 67. Broo▪ Cuſtome. 31. Co. 5. Rep. f. 63. 64. 67. 68 Kit…chin. 45. 73▪ …0.Cuſtomes and By-Lawes in Corporations and Mano…s, 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-…awes oblig… all thoſe who conſent to them by reaſon of their owne free aſſents onelyonly, ſo doe all publike Acts of Parliaments obli…ge all Subjects, onelyonly becauſe of their generall aſſents to them in their Knights, Citizen… and Burgeſſes, elected by and ddSee … …ac▪ c. 1.repreſenting their perſons.

Thirdly, all ee33. H. 6. 17. Br. Parli. 4. M. Hackwell, of Paſ…ng Bills, Cromp. Iuriſ. …. 8. Chron. of Ireland. f. 127. … … 30.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 aſſent to, or conſider further of them, as the Houſes tender 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, a…ter, enlarge, or limit it as they thinke meete) elſe it can be no 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 ſommon them to meete an… enact Lawes, as the chiefe Legiſlators▪ witneſſe this notable clauſe in the yyCromp. Iuriſ of Courts. f. 1. 2. and at the end of the Manner of …olding Parliaments in England.Writ for the Election of Knights, & Burgeſſes: Ita quod iidem Milites plenam & ſafficientem …ote…atem pro S E & COMMVNITATE Comitatus praedicti, & dicti Cives & Burgenſes pr… ſe & COMMVNITAT… Civitatum & Burgorum praedictorum diviſim ab i…ſis babeant, AD FACIENDVM E… CONSENTIENDVM HIS quae …ne & ibidem DE COMMVNI CONSILIO DICTI REGN… (not Regis) noſtri contigerint ORDINARI ſuper negot…s antedictis. Ita quod PRO DEFECT… POTEST AT…S HV…VSMODI, &c. dicta negotia INFECTA NON REMANEANT quov… modo: anſwerable to which is that clauſe in * Pope Elutherius his Epiſtle to our firſt Chriſtian king Lucius about An. 185. Exillis Deigratia, PER CONSILIƲM REGNI VESTRI SVME LEGEM… & per illam D…i potentia veſtrum reges▪ Britaniae regnum.

Fourthly, all publicke Acts are the whole Kingdomes Lawes, made principally and ſolely fo… the ſubjects benefit, if good; their prejudice, if ill▪ therefore the whole kingdome (repreſented i… and by both Houſes, not the king) knowing much better what is good or bad for themſelves, the… the king alone, it is zzSee …tv before.juſt and reaſonable that they, and not the king, ſhould be the principal… Law-makers, to binde or bu…then themſelves with any new Lawes, penalties or reſtraints.

Fifthly, it is cleare that all Acts which give any Subſidie, Tax, Penalties, or forfaitures to the king are made onelyonly by the people in Parliament, and not principally by the king, ſince the king canno… be ſayd in any propriety to give any thing to himſelfe. This is undeniable by the forme of penning all ſubſidie▪ Bills granted by the Commons or Clergie. Your Commons aſſembled in your Hig… Court of Parliament, &c. humbly preſent your Majeſtie with the free and cheerefull gift of two intire ſ…bſidies, which we humbly beſeech your Majeſt…e graciouſly to accept, &c. Your Majeſties faithfull ſubjects the Prelats 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, aaHackw…ls paſſing of Bi…s, ſect. 8 p. 78▪Le Roy remercy ſes Loaulz. ſubjects accept LOVR BENEVOLENCE, &c. the Commons having the ſole power to grant or deny bbSee Roſtal Taxes and Tenthes. The Acts of Subſi…ies, 21. Iac & …is preſent Parliament▪ Speed▪ p. 745.Subſidies and Ta…es 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, a… all Acts of this Nature …anifeſt. If then they be the chiefe Law-makers in theſe Acts which lay… any impoſition …pon the Subjects goods or reſtraint on his perſon; then by like …eaſon in all other penall publik▪ Lawes.

Six…ly, All Acts of Pa…liaments made in the raignes of …ſurpers who have no Title to the …rown, nor right to aſſent to Lawes▪ are ccSee 1. E. 4. c, 6. 4. E. 4. 10 9. E▪ 4. 1. 2. …r. Charters d… …ardon, 22. 13. Eli… ▪ c. … ▪firme and good in Law▪ and ſhall binde the right heires to the Crowne, as i… evident by the Lawes made by king John, Henry the 4. 5. & 6. (reputed uſurpe…s p. 25by Edward the 4.) and Richard the third acknowledged an uſurper, whoſe Lawes are yet in force▪ The reaſon is (as is cleare by 1. E. 4. c 6.) becauſe the Lawes, and all other Iudiciall Acts in Court… of Iuſtice, are the Acts of the Parliament and Courts themſelves, which are lawfull; not of the king who is unlawfull. Therefore certainely the Legiſlative power is more in the Parliament, thenin the king, if not wholly in it, there being Lawes and Kingdomes before kings were.

Seventhly, 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 Crowne, to what familie they pleaſe (as …he conſtant practiſe of all kingdomes in ſuch caſes manifeſts, and ddThe tr…e 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 might make binding publike Lawes during the Inter-reg…um: yea, if the king be an infant (as Henry the 3. Henry the 6. Edward 3. 5. and Richard 2. with other ou… kings were, when the Crowne …eſcended to them) or non Compos Mentis, or taken with a dead palſie or Apoplexie, or an Ideot by …irth or Age, or a Monkeprofeſſed, as eeFox Act… & Monument▪ vol. 1. p. 173. Speeds. Hiſt. p. 244.ſome kings have beene; or abſent in a Pilgrimage to Rome, or … voyage to the Holy Land, or other remote forraigne Parts by reaſon of warres, as ffSee Nubrigenfis, Speed Holinſhead, Mat. Weſtm… and others in the lives of R. 1. H. 1. 2. 3… ▪ 4. 5. 6. 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 …aſes, the right of creating a Protector to execut… regall power, ſommon Parliaments, aſſent to Lawes, is …nely in the ggWalſingh▪ Hiſt. Angl. A. 1422. p. 458. Speed. p. 1108. Grafton. p. 496. 447. 648. Fabian. p. 470. Hall. f. 176. to 183. Hov… den. Annal. pars poſterior▪ p. 702. 703. 705. 706.Parliament, which may in theſe caſes make any publike Acts without the kings perſonall …reſence or aſſent; and the aſſent of the Regent or Protector uſually created by them, ſhall as firmely …inde the king, as if he had perſonally conſented, as is evident by all the Acts of Parliament paſſed …uring the Minority of hhActs and Monuments Old Edition. p. 705. See Holinſhead▪ Speed Grafton in their lives.Henry the 3. who was but 9. yeares old, Edward the 3. who was but 1…. Richard the 2. who was but 11. yeares old, Henry the 6. who was not 9. moneths old, Edward the 5. …ut 12. yeares, Henry the 8. not 18. yeares, Edward the 6. but 9. yeares of age when they began thei… …aignes, and ſo uncapable of giving any perſonall conſent to Lawes by themſelves (of which they could not Iudge, but by their Protectors;) and by all Acts made in the abſence of King iiSee Hoveden Annal▪ pars poſterior▪ …. 702. 703. 705. 706.Richard the …. Edward the 1. 2. 3. 4. Henry the 3. 2, 3, 4, 5, 6: and others out of the Realme, all good, as ap…eares by 28. H. 8. c. 17. which altered, and 33. H. 8▪ c. 22. which declareth the Law in theſe particu…ars. A cleare demonſtration, that the Parliament is the moſt abſolute Supreame power, and Law…iver, not the king.

Eightly, 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 Roy …e veult, The King wills (or …ſſents …o) it, not before, but after they have paſſed both Houſes, imports: which aſſent of his, if the Bills …e 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 compleats Acts, 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 …ertue of his …oronation Oath, is bound to give, as appeares by the Prefaces of moſt ſtatutes, the ſta…ute of Proviſours, 25. E. 3. Parl. 6. 20. E. 3. and other Acts) is ſo farre from proving the king the Supreme power and Lawgiver, that it manifeſts the contrary, that this power principally reſides in …oth the Houſes, not the king.

Ninthly, this is apparant by thoſe Coronation Oathes which Parliaments and the kingdome in **See Edward …he …onfeſſors Lawes c. 17. in La…bard and Fox.king Edwards dayes, even before the Co…queſt, have anciently preſcribed to our kings, before they would accept of them for their Soveraignes, of which I ſhall give you a ſhort account. aaMath. Weſtm An. 1088. Eadmer…s Hiſt. l. 1. p. 13. 14. Ma… …aris, Hiſt▪ p. 12. 13. Speed Hiſt. p. 456. Graften. p. 21. 22. Malmeſ…ury. l. 4. p. 119. 120.After the death …f William the Conquerour, William Rufus his younger ſonne, in the abſence of Robert the elder bro…her, haſtens into England, to obtaine the Crowne; and finding the greateſt part of the Nobles againſt him; he gave his ſolemne Oath and faith to Lanfran…e Archbiſhop of Canterb…ry his Tutor, that …f they would make choiſe of him for their king, he would abrogate the over-hard Lawes of his father, and …romiſe to obſerve juſtice, equitie and mercy throughout the kingdome in every buſineſſe, and defend the …eace and Liberty of the Church againſt all men; and eaſe them of all hard taxes. Upon which conditions, …olentibus omnibus Provincialium animis, by the voluntary conſent and voyces of all, he was choſen(k) Sir Thomas Smiths Common. wealth of England l. 2. c. 2. 3. Cromptons Iuriſdiction. f. 7. …. Iohn Vo…el. Chronicles of Ireland, f. 122. to 130. M. Hackwels Manner of paſſing Bils. Sect. 8. p. 26and crowned king. Which promiſe and Oath he ſoone after breaking, ſaying, Who is it that can … …ill all his promiſes? Many of the Nobles, levyed warre againſt him, adopting Robert his elder Brother king. bbMat. Pa…s p. 52. 53. …4. Eadmerus Hiſt. l. 2 p. 55. Wil. Maſmeſ. …. 5. p. 1…6. H. …untin. l. 7. p. 378. Roger Hoveden. Annal p…s. 1. p. 4…8. Polych. … …. c. 11. F…bian part 7. c. 226. p. 318, Graft. p. 32. Speed. p. 466. 467.William Rufus dying, Henry the 1. his younger brother, in the life of Robert the right heire aſſembling all the Glergie 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 raignes of his Father and Brother. To which the Clergie and Nobles anſwered; that if he 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 Clergie 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 Chartar confirmed and reformed divers Lawes for the eaſe and benefit of his Subjects, recorded at large by Matthew Paris, Speed, and othe…s. 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 COVNSEL of the Barons of the kingdome of England, I am crowne… king. And becauſe the kingdome was oppreſſed with unjuſt exactions, … out of reſpect to God, and the love I beare towards you all, make the Church of God free, &c. and all the evill cuſtome… 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 E…wards Lawes, with thoſe amendments of them which his father made by the conſent of hi… 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 othe… crimes Henry deceaſing ccMat. Par▪ Hiſt. p. 73. Mal…eſ. Novellae Hiſt. l. 1. p. 178. 179. 180, Henry▪ Hunti▪ l. 8 p. 386 387. Hoveden▪ p. 481▪ 482. Mat. Weſt. A…. … 36 p 35. Speed p. 483. 484. Graf. p …1▪ 42Maude the Empreſſe his right heire (to whom the Prelates and Noble… had ſworne fealty in her fathers life time) was put by the Crowne by the Prelates and Barrons; wh… thought it baſeneſſe for ſo many and great Peeres to be ſubject to a woman, and that they were free… of their oath by her marying out of the Realme, without their conſents, and Stephen Earle of Mortain… (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 proclamed king… whereupon they all to…ke their oathes of Allegiance to him, conditionally, to obey him as their king; ſo long as he ſhould p…eſ…rve the Churches Liberties, and keepe all Covenants, and confirme them with his Charter; according to the old proverbe: Quamdi… habebis me pro Senatore, & …go 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 indulg…u… favou…s: the ſumme whereof was this. That all Liberties, Cuſtomes▪ and Poſſeſſions granted to the Church, ſhould be firme and in force; that all bad uſages in the lan… touching Forreſts, exactions, and annuall Taxes which his Anceſtors uſually received ſhould be… e…rnally aboliſhed; the ancient Lawes reſtored; prefacing therein, ddAſſenſa Cleri & Populi in. Reg …e Angliaeelectus M…lm. p. 179.That he obtained the Crown… by election onelyonly: Haec …tem ſpecial…ter, & ali… …ulta generaliter, ſe ſervatur…m juravit; ſed nihil …onum quae Deo promiſer…t, obſervavit, writes Mathew Paris, Hovenden, and Huntingdon. Pene omni… perperam mutavit, quiſi ad hoc tan…um jur…ſſ…, …t praevaricatorem Sacramenti ſe regno toti oſtenderet, ſaith Ma…meſ…ury▪ **See Speed. p. 483. 484.granting thoſe in…ties rather to blind their eyes, than with any purpoſe to man… cle his o…ne hands with ſuch pa…chment chaines: Such faith is to be given to the ſo…emneſt Oathes of kings. But this his perj…ry was like to coſt him his Crowne, his Prelates and Peeres thereupon revolting unto Maude▪ The forme of King Henry the ſecond his Oath I finde not; onelyonly I read eeHoveden. p. 491. Graft. p. 50.that upon his …oronarion he cauſed the Lawes t… be reformed, by adviſe of diſc…eet 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. Whe …ore it is probable, he tooke the ſame oath that he did. ffMat. Par. p 147. Hoved. p. 657 Wa…ſi…. …podigma Neuſtr. An. 1189. p. 45. 46. Speed. …. … ▪Richard the firſt, ſucceeding, at his Coronation in Westminſter Church, comming to the High Altar, before the Clergie and people tooke this ſolemne oath upon the Holy Evangeliſts, and many Saints reliques, 1. That all the day…s of his li…e he would beare peace, honour, and reverence to God, and h…ly Church, and the ordinances thereof. Secondly, that to the people committed to his charge, he would exerciſe Right▪ Juſtice and E…uiti…. Thirdly, that he would aboliſh naughty Lawes and Cuſtomes if any were brought upon his kingdome; and would enact good Lawes, and the ſame in good ſort keepe, and without Mal-engy…. Which oath moſt ſolemnely taken Baldwin Archbiſhop of Canterbury▪ ſtanding at the Altar, forbad him in the name of Almighty God, to aſſume that …n…r, VNLESSE HE HAD … FVLL PVRPOSE TO▪ p. 27KEEPE WHAT HE HAD SWORNE: Whereunto Richard ASSENTING, and promiſi…g by Gods helpe to performe all the premiſes WITH…VT FRAVD; With his owne hand humbly taking …he Imperiall Crowne from the Altar, delivered it to the Archbiſhop, who ſet it on his head. ggHoveden. p. 793. Mat. Par. p. 189. 190. Speed. p. 548. 549, 550. See Polydore Virgil, Holinſ.King Richard deceaſing, John his younger Brother, to put by Arthur the next heire to the Crowne, came …eedily out of Normandy into England; where the great aſſembly at Northamp…on, to preſerve their …ights and Liberties were content to accept of him for their king, and yeeld fealty to him, to keepe …ith and Peace to King John upon condition onelyonly, if he would reſtore to every of them their Rights; which …fterwards was the occaſion of great diſſentions. And-comming to London to be crowned, Hubert …rchbiſhop of Canterbury, (the Pillar of the Common-wealths ſtabilitie, …nd incomparable for deepe …aching wiſedome) ſteps forth in the midſt of all the Biſhops, Lords, Barons, and others there aſ…mbled at his Coronation, and ſpake thus unto them. Heare you all, you are in diſcretion to know, …at no man hath right, or any other fore-title to ſucceede another in a kingdome **A ſtrange Archiepiſcopall Doctrin▪unleſſe firſt (with invo…tion for grace▪ and guidance of Gods Spirit) he b… BY THE BODY OF THE KINGDOME THEREVNTO CHOSEN, and …e indeede ſome choyce man, and picked out for ſome …menencie of …is vertues, according to the example and ſimilitude of Saul the firſt annointed Ki…g, whom God ſet over …is people, though neither the Sonne of a King nor of any royall diſcent. So after him likewiſe David …e ſon of I…ſſe; the one for bei…g valorous, and a perſon fitting Royall dignity▪ the other for being holy and …ble minded. To ſhew, that whoſoever in a kingdome excelleth all in valour and vertue, ought to ſur…ount all in Rule and Authority: yet ſo, as that, if any of the Of ſpring of a deceaſed King ſurp…ſſeth o…ers, it is fit joyntly to conſent in election of ſuch a one. This therefore we have ſpoken in favour of eminent …arle John, who is preſent, the brother of our moſt illuſtrious King Richard …ow dece…ſed, wanting … heire of his body; who being provident, valiant, and truely noble, we havi…g invocated the grace of the …oly Spirit, have all unanimo…ſly ELECTED, as well in regard of his Merits, as of his royal Blood. Neither durſt any doubt or demurre on theſe things, knowing that the Archbiſhop had not thus de…ned without cauſe Wherefore Earle John and all men approving this ſpeech▪ they ELECTED …nd ASSVMFD the Earle for their king, and cryed out ſaying; Let the King live. But the Arch…iſhop being afterwards demaunded, why he had ſpoken theſe things? anſwered; that he was aſſured … ſome divining foreſight, that king John would worke the ruine of the kingdome, corrupt the Crowne▪ …nd precipitate it into great confuſion. And that he might not have the reines free to doe this, he OVGHT TO BE CHOSEN BY ELECTION, NO… BY SUCCESSION. King John at this …is Coronation was involved in a threefold Oath▪ namely, That he ſhould love holy Church and its Mi…iſters, and preſerve it harmeleſſe from the in…urſion of Malignants; That aboliſhing perverſe Lawes, be …ould ſubſtitute good ones, and exerciſe Right. Iudgement in the Kingdome of England After which he …as adjured by the Archbiſhop, in the behalfe of God, and ſtrictly prohibited, not to preſume to accept this …onour unleſſe he fully purpoſed in his minde, actually to fulfill what he had ſworne. To which he anſwe…ng, promiſed that by Gods aſſiſtance he would bona …ide keepe thoſe things which he had ſworne. After …hich he rightly ſetled the affaires of England by the counſell of his Nobles, and then paſſed over in…o Normandy. But how ill he kept this his Oath, and others of this Nature; and how he violated the …tatutes of Magna Charta and D… Forreſta, which he had confirmed with his hand, ſeale, oath, Pro…amations, the B…ſhops Excommunications, and the Popes Bull within three monethmonth… after he had on firmed them, and procured a diſpenſation of his oath and abrogation of theſe Lawes, making …loody warres upon his Barrons and Subjects (who confiding to thoſe confirmations and royall pro…iſes expected no ſuch ſtrange performances) ſpoyling, robbing, and deſtroying his people every …here in the ſelfe-ſame manner as we now are plundered; **See before p. 5. 8. Graf. p. 11. Mat. Paris. p… 243. to 247. worthy reading and conſideration.the Hiſtories of his life too manifeſtly … late; which oft put his Crowne in danger of utter loſ…e, Lewis of France being crowned king by the …rons in his ſteed, who renounced their allegiance to him, for his perjuries and breach of faith, and …aking warre upon them. John departing this life, his ſonne Henry being but 9. yeares old, was pro…aimed king, through the pe…ſwaſion of the Earle Marſhall and of Pembroke (afterwards made his …rotector,) who informed the Lords and Commons, hhFox Acts & Mon. Ed. t…lt. v. 1. p. 334, Speed. p. 591.that though King Iohn for his evill demeanors …eſerved their perſecution and l…ſſe of his crowne, yet his young child, tender in yeares, was pure and inno…nt from his fathers doings. Wherefore …ith every man is to be charged with the burthen of his owne tranſ…reſſions, neither ſhall the child (as ſcriptures teach) beare the iniquity of his Fathers, they o…ght of duty …nd conſcience, to beare themſelves …ildly towards this tender Prince, and take comp…ſſion of his age. And …r as much as he was Iohns naturall and eldeſt ſonne▪ and ought to be their Soveraigne, let us with one joynt …lliſtance APPOINT HIM our King and Governour, let us renounce from us Lewis the French kings …onne, and ſuppreſſe his people, which are a confuſion and ſhame to our Nation, and the yoakes of their Ser…itude let …s caſt from our ſhoulders. VponUpon which perſwaſions Henry was preſently proclaimed and p. 28crowned king at Gloceſler: And though he were but an infant, yet being iiMat. Paris p. 278. 305.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 … Church and Prieſts, all the dayes of his life. He likewiſe ſwore, that he would maintaine right Iuſtice among the people committed to his Charge: And that he would blot out ill Lawes and unjuſt cuſtomes, if that ſhould be any in the kingdome, and obſerve good ones, and cauſe them to be kept by all men▪ How well … obſerved this ſolemne oath, with many others of like nature made to his Lords and Subjects, f… confirmation of Magna Charta and their Liberties, kkIn his Edition Tiguri. 1589. p. 876. 938. 958. 959 960.Mathew Paris will informe us; who writ… that the King in all his Oathes and promiſes did ſo farre tranſgreſſe the bounds of truth, that the Prela… and Lords knew not how to hold this Proteus, the King, for where there is no truth, there can be no …ix… confidence: That thought he ſometimes humbled himſelfe, confeſſing, that he had beene often bewitched … ill Counſell, and promiſed with a great Oath ſolemnely taken upon the Altar and coffin of Saint Edwar… that he would plainely and fully correct his former Errors, and graciouſly condeſcend to his naturall Subject good counſell; yet his frequent preceding breaches of oathes and promiſes, ſepenitus incredibilem reddider… made him altogether incredible, ſo that (though he uſually heard three Moſſes every day, but ſeldome a… Sermons (as llHiſt. Angl. P. 1.Walſingham notes) yet none would afterwards beleeve him, but ever feare and ſuſp… his words and actions: and to avoyd the infamie of perjurie which he feared, he ſent to the …ope… abſolve him from thoſe Oathes he repented of, who eaſily, granted him an abſolution. Such faith and aſſurance is there in the Oathes and Proteſtations of Princes to their Subjects; whoſe Politicke capacities oft times have neither ſoule nor conſcience. This perfidiouſneſſe in the king, made his long raig… full of troubles, of bloody civill warres, and oft times endangered the very loſſe of his Crowne a… kingdome, as our Hiſtorians informe us, for which he repented and promiſed amendment at h… death.

mmLib. 3. c. 9. f. 107.Bracton an ancient Lawyer in this kings dayes, writes. That the king in his Coronation OVGHT by an Oath taken in the name of Ieſus Chriſt, to promiſe theſe three things to the people ſubject to hi… Firſt that he will command and endeavour to his power, that true peace ſhall be kept to the Church and … Chriſtian people in his time. Secondly, That he will prohibit rapines (or plunderings) and all iniquities … all degrees. Thirdly, That in all Iudgements he will command equitie and mercy, that ſo God who is gracious and mercifull may beſtow his mercy on him, and that by his juſtice all men may injoy firme peace. F… (ſaith he) a King is SACRED and ELECTED (to wit by his kingdome) for this end, to doe juſtis 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. And before the Conqueſt, I re… in nnFox Acts and Monuments. Edition. 1641. vol. 1. p. 214. and Lambards Archaion: Leges Edwardi. c. 17. Bilſon. par, 3 p. 494.King Edward the Confeſſors Lawes, not onelyonly the Office, but Oath of the King (whom he an… Bracton oft ſtiles, Gods and Chriſt Vicar upon earth) thus excellently deſcribed. A King ought abo… all things to feare God: to love and obſerve his Commandments, and cauſe them to be obſerved through h… whole kingdome: He ought alſo to ſet up good Lawes and cuſtomes, ſuch as be wholeſome and approved, ſ… as be otherwiſe to repeale them and thruſt them out of his kingdome. Item he ought to doe juſtice an… judgement in his kingdome, by the counſell of the Nobles of his Realme. All theſe things ought the King … his owne perſon to doe, taking his oath upon the Evangeliſts and the bleſſed Reliques of Saints, ſwearing … the preſence of the whole ſtate of his Realme (as well of the temporalty as of the ſpiritualty) before he … 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 he keepe under as his ſervants and ſlaves, he ſhall reigne well an… honorably in his Kingdome. He muſt doe all things with good adviſement and praemeditation: and th… properly belongeth to a King: for haſty raſhneſſe bringeth all things to ruine; according to the ſaying of th… Goſpell; Every Kingdome divided in it ſelfeſhall be brought to deſolation. Maſter ooVol. 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 he omitted, contrary to his Oath at his Coronation. Indeede I finde not that the Conqueror tooke this Oath when he was crowned; but I reade in **Hiſtory. p. 440. 441.Speed and others; that William the Conquerour abrogating for the moſt part, the ancient Lawes of the Land, and introducing ne… hard Lawes of his owne written in the Norman tongue which the people underſtood not, and th… 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 Athelin for the… Generall once againe, and …ell into a new conſpiracie, raiſing great forces and reſolving to make th… ſword their Iudge. The King hereupon by Lanfrankes adviſe, (who as Re…oboams ſages, gave him counſell, ſomewhat to beare with their abuſes, rather then to hazard the ruine of all in fight) appointed a meeting at Berkham…teed Anno 1172. where the King entring parly with the Engliſh Nobility, did ſo farre winde himſelfe into their good opinions, that they all forthwith layd downe their weapons. p. 29And he for his part fearing to loſe the Crowne with ſhame, which he had gotten with effuſion …f 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 …epe the ancient Lawes of this Land, and moſt eſpecially thoſe compiled by King Edward the Confeſſor; …hough (as the event ſoone ſhewed) he little meant to doe as he promiſed. Peace thus eſtabliſhed, …is conference ended, and the Kings oath received, the Engliſh Armies disband themſelves, as drea…ingNote this. they had now good fortune by the foote, and hoping the greateſt ſtormes of their dangers were …a…t; which preſently proved but a vaine ſurmiſe. For king William having compounded with the …anes, began extreamely to hate the Engliſh Nobles, and with full reſolution of their deſtruction, …ddenly ſet upon them apart, which he durſt not attempt when they were united; ſo that **See H…ntindon, Hiſt. l. 7. p. 369. Mat. Paris Hiſt, p. 6.ſ…aying …ny, impriſoning others, and perſecuting all of them with fire and ſword, well was he that could …e firſt …ne. Such little faith, or aſſurance is there in the ſolemne Oathes and Proteſtations of Kings to …eir Subjects; which are ſeldome really performed, and intended onelyonly as ſnares to intrap them, if …ey confide and rely upon them without any better ſecurity. The forme of the kings Coronation …er ſince Edward the a hath beene this, and is thus adminiſtred. ppMagna Charta Printed Cum Privilegio. London. 1558. part. 2. f. 16… Iudamentum Regis quando corona…u…. Remonſtrance Nov 2. p. 25. to 38.The Metropolitan or Biſhop …at is to Crowne the King with a meane and diſtinct voyce ſhall interrogate him, if he will confirme with an …ath the Lawes and cuſtomes granted to the people of England, by ancient, juſt and devout kings towards …od, to the ſamepeople, 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; …et the Metropolitan or Biſhop expound to him, what things he ſhall ſweare, ſaying thus. Thou ſhalt …epe to the Church of God, to the Clergie and people Peace intirely, and concord in God, according to thy …wer; The king ſhall anſwer: I will keepe it. Thou ſhalt cauſe to be done in all thy judgements, equall …dright juſtice, and diſcretion, in mercy and verity, according to thy power. He ſhall anſwer; I will doe it. …ou granteſt juſt Lawes and Cuſtomes to be kept, and thou doſt promiſe, that thoſe Lawes ſhall be protected …d confirmed by thee to the honour of God, QUAS VULGUS ELEGERIT, which the people ſhall …ſe, according to thy power. He ſhall anſwer; I doe gra…t and promiſe. And there may be added to …e foreſayd Interrogations, what other things ſhall be juſt. All things being pronounced, he ſhall confirme that he will obſerve all things with an oath upon the Altar preſently taken before all. There …ath beene a late unhappie difference raiſed betweene the qqSee the Parliaments Remonſtrance of the 26. of May. p. 9. His Majeſties Anſwer thereto: p. 16. 17. and the Parliaments Reply▪ Nou. 2. p. 2…. to 38.king and Parliament about the word ELEGERIT; the Parliament affirming the word to ſignifie, ſhall chuſe; according to ſundry written …oles and Printed Coppies in Latin and French, the King on the contrary affirming, it ſhould be …th choſen; But he that obſerves the words of the ancient Oathes: Populo tibi commiſſo rectam …liciam exercebis, malas leges & iniquas conſuetudines, ſi aliquae fuererint in Regno tuo, delebis, & bonas ſervabis, all in the future tence: and the verbes, ſervabis, Facies fier…, protegendas, cor…oborandas in …e former and ſame clauſes of the Oath now uſed, all of them in the future, with the whole Scope …tent and purport of this part of the Oath, muſt neceſſarily grant, ſhall chuſe to be the true rea…ng; and that it referres to the confirmation of **Iudge Huttons Argument againſt Shipmoney, p. 32. determines ſo.future Lawes to be afterwards made in Parliament, not thoſe onelyonly in being when the Oath was adminiſtred; elſe kings ſhould not be obliged by their …athes, to keepe any Lawes made after their Coronations by their owne aſſents, but onelyonly thoſe …eir Predeceſſors aſſented to, not themſelves, which were moſt abſurd to affirme.