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

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

p. 29From theſe ſeverall Oathes and Paſſages, the uſuall forme of the Nobles proclaiming ſuch and …ch Kings of England, with other rrPage 4. …forecited Hiſtories, it is apparant: Firſt, that Popiſh Parliaments, Peeres, and Subjects, have deemed the Crowne of England not meerely ſucceſſive and he…dita…y, though it hath uſually gone by deſcent; but arbitray and elective, when they ſaw cauſe, ma… of our kings comming to the Crowne without juſt hereditarie Title, by the Kingdomes, Peeres, …d peoples free election onelyonly, confirmed by a ſubſequent Act of Parliament, which was then re…ted a ſufficient Right; by vertue whereof they then reigned and were obeyed as lawfull kings, …d were then and yet ſo acknowledged to be; their Right by Election of their Subjects being ſeldome or never adjudged an illegall uſurpation in any Parliaments, whence the ſtatute of 1 E. 4. c. 1. … d …. E. 4. …. 2. declare king Henry the 4. 5. and 6. to be ſucceſſively kings of England indeed, and not right, yet not uſurpers becauſe they came in by Parliament. OnelyOnly Richard the third, (who treacherouſly murthered Edward the 5. his Soveraigne, and violently uſurped his Crowne, at firſt, before any Parliament …ve it him, compelling the Lords and Commons afterwards to Elect him King out of feare, after his ſlaugh… in Boſworth field,) was declared an uſurper by Act of Parliament 1. H. 7 c. 6. and ſo adjudged to by 1 E. 4. c. 1. 8. H. 7▪ c. 1. 9. E. 4. f. 1. 2. and Henry the 7. had the Crowne ſet upon his head in the …ld, by my Lord Standly as though (ſaith ssPage 8▪ … ▪ ….Grafton) he had beene elected king by the voyce of the people, … in ancient times paſt in divers Realmes it hath beene accuſtomed. Secondly, that thoſe kings who p. 30have enjoyed the Crowne by ſucceſſion, diſcent, or election, have ſtill taken▪it upon the condition and covenants conteined in their Coronation Oathes; which if they refuſed to ſweare to the Pee… and people, really and bona fide to performe, they were not then to be crowned or received as kings, … adjured in the name of God to renounce this dignity. And though in point of Law, ttCooke 7. Report. f. 10. 11. Calvins caſe. Mar…il. Patauinus Defen. Pacis pars. 2. c. 25.thoſe who enjoy … Crowne by Succeſſion, be Kings, before their Coronations; yet it is ſtill upon thoſe ſubſequent **Littleton. ſect. 378. 379. & Cookes Inſtit. Ibid. f. 232. 233. 234.Condition in Law, contained in their Coronation Oathes, which impoſe no new, but onelyonly ratifie the old conditions … ſeparably annexed to the Crowne by the Common Law, ever ſince Edward the Confeſſors dayes, if not … fore, as the Oathes of all our kings to their people; really to performe th…ſe Articles and Condition fully demonſtrate. Thirdly, that theſe Oathes are not meerely arbitrary or voluntary at the ki… pleaſure, to take or refuſe them if he will, but neceſſary and inevitable, by the Law and conſt… …ſage of the Realme, yea of all vvBaldus Proaem. de Feud n▪ 32. Dr Crakenth. defence of Conſtantine. p. 163. to 175. Grimſt. Imperiall Hiſt. p. 653.Chriſtian kingdomes whatſoever, which preſcribe like Oathes to t… kings. From all which I may firmely conclude, that the whole Kingdome and Parliament, are … Supreame Authoritie, and Paramount the king, becauſe they may lawfully, and doe uſually preſcr… ſuch conditions, termes, and rules of governing them to him, and binde him by Oath faithfully to perfo… the ſame, as long as he ſhall continue king; which oath our kings uſually tooke, or at leaſt faithfu… promiſed to take to their Subjects in ancient times; before ever they did or would take an Oath … fealty, homage or Allegiance to them, as the premiſes evidence. & Clauſ. Rot. 1. R. 2. M. 44.

Tenthly, Our Parliaments and kingdome anciently in times of Popery, and Paganiſme … both challenged and exerciſed a Supreame power over the Crowne of England it ſelfe, to transfe… it from the right heire and ſetled it on whom themſelves thought meete to elect for their King; … likewiſe to call their Kings to an account for their miſgovernment and breach of Oath to the prejudice of their people, ſo farre as to article againſt them, and either by force of Armes, or a judic… ſentence in Parliament, actually to depoſe them, and ſet up others in the Throne, as many **See Forteſcue, c. 12. to 15 Iohan. Mar. de Rege & Regis Inſtit. l. 1. … 7. 8. 9.foreci… preſidents (together with the examples of Archigallo, and Emerian, two ancient Britiſh Kings, and Edwin King of Mercia, deprived of allhonour and Kingly dignity, by the unanimous conſent of their Subjects for their Tyranny, Oppreſſion, miſgovernment, and vicious lives, and others elected and made Kings their places) evidence; which Acts of theirs they then reputed juſt and Legall. Thoſe Parliament then and Nationall Aſſemblies, which have thus diſpoſed of the Crowne and Kings themſelves and exerciſed ſuch juriſdiction over them, muſt certainely be above them, and the higheſt Soveraing… power. True it is, our Proteſtant Peeres, Commons and Parliaments, never challenged nor exerciſed ſuch juriſdiction, and I preſume they will never doe it. However it is neither honourable n… ſafe for Kihgs, and the moſt deſtructive policy their ill Counſellours can ſuggeſt unto them, ſo fa… to oppreſſe their Subjects or exaſporate their Parliaments, as to provoke them to uſe the extremity(x) See p. 4. 5. 6. their power, and revive dead ſleeping preſidents, (the conſideration whereof when they were freſh▪ m… ſucceeding Kings more juſt and moderate in their governments, and reclaimed many Vitious and Oppreſſ… * See Mat. Weſt. Jeofry Monmouth, Polych. Fab. Graft. Holin. Speed, in their lives.Princes, as Archigallo and others witnes) for their reliefe We know what Solomon ſaith; yyEccleſ. 7. 7.Eccl 7:7Surely … preſſion maketh a wiſe man mad; and if Kings or their evill Inſtruments, ſhall ſo farre mad their Subject and Parliaments (either by oppreſſions, rapines, miſgovernment, deſtroying, making warre upon them, putting them out of their protections) as to make them cry out as they did againſt King Iohn. zzMat. Par. p. 264. 265. 268. Grafton. p. 111. 112. Biſhop Bilſon. part. 3. p. 480.Rex Ioh… nes factus eſt de Rege Tyrannus, imo de homine in …eſtialem praerumpens feritatem. Ve… tibi Iohanni Reg… ultime; Anglorum Principum abominatio, Nobilitatis Anglicanae confuſio: Heu Anglia vaſtata, & … plius vaſtanda, &c. Whereupon preſently enſued, a Nolumus hunc regnare: Tandemque decretum … ut aliquem potentem in Regem eligerent, per quem poſſint ad poſſeſſiones priſ…inas rev…cari, credentes … nu…lus Iohanne peior, vel durior poſſit dominari, & tale miſerabile ſtatuentes argumentum.

—Fortuna miſerima tuta eſt,

Nam timor eventus deterioris abeſt.

Cumque aliquandi…, quem eligerent …ae…it…ſſent, demum in hoc pariter conſenſ…runt, ut Ludovicum fil… Philippi Regis Francorum ſibi praeficerent, & ipſum in Regem Angliae ſublim…rent; Which they did, King Iohns, their owne, and the whole kingdomes great prejudice. We know what the ill adviſe of R… boams rough young Counſellors produced: 2 Chron. 10. And the King anſwered the people roughly … the advice of the young men, ſaying; My father, made your yoake heavie, but I will adde thereto; … * See 2 Chro. 10. & 11.2 Chr 10father chaſtiſed you with whips, but I will chaſtiſe you with ſcorpions. And when all Iſrael ſaw, that … king would not harken unto them, the people anſwered the King (though he came to the crown by ſucce… on) ſaying: What portion have we in David, and we have none inheritance in the Son of Ieſſe; every ma… your tents O Iſrael: and now David▪ ſee to thine owne houſe. So all Iſrael went to their tents, and ele… Ieroboam for their King, and fell away from the houſe of David to this day, being never after united to … but continuing a diſtinct Kingdome from it. p. 31wherefore the beſt policy Kings can uſe, to perpetuate their Thrones to them and their Poſterity, is to … …at their Subjects ſo, aaSeneca de Cleme…a, l. 1.as may winne their hearts and affections, and not to ſtraine their pretended Prerogatives beyond the bounds of Law; this being a moſt certaine experimented rule which bbPolit. l. 5. c. 10, 11. p 367, 368, See Polybius Hiſt. l. 6.Ariſtotle (the Prince of Politicians) gives; That there are two inteſtine cauſes moſt perilous and frequent of all others, by which a kingdome is uſually loſt, and ſubverted. The firſt is, if the Nobles and people diſſent from the King himſelfe. The ſecond, if Kings will Reigne tyrannically, and uſurpe a greater domination or prerogative, then the Lawes of their kingdomes give them. Then he addes, Verily a kingdome is preſerved by contrary remedies, ſpecially, by a moderate kinde and temperate forme of Government. For by how much the (c) Deut. 17. 19 20. See Prov. 16. 12. c. 20. 28 c. 29. 4. 14. c. 25. 5.Deut 17:19Prov 16:12more moderate the King ſhall be, and contented with ſmaller and fewer prerogatives, by ſo much the more conſtant and longer-laſting ſhall his kingdome neceſſarily be; For by this meanes it recedes farther from the domination of Tyrants, and it comes nearer to the equability of manners and humanity of life, and is leſſe envyed by their Subjects, which he proves by the notable ſpeech and example of King Theopompus. And indeed this is the principall policy which God himſelfe hath preſcribed a King, to prolong his dayes in his kingdome, he and his children after him; to keepe all the words of this Law, and thoſe Statutes to doe them, (that …s, to governe himſelfe and his Subjects onelyonly by Law, not power) to doe juſtice and judgement, avoid oppreſſion, and not to liftup his heart above his brethren; as if they were his vaſſals and no… men, or Chriſtians of the ſame kinde and quality as himſelfe is. Wherefore I ſhall cloſe up this with old Bractons reſolution. ddLib. 3. c. 9. f. 107. & Fleta lib. 1. c. 17.Poteſtas itaque Regis, juris eſt, & non injuriae. Exercere igitur debet Rex poteſtatem Juris, …icut Dei vicarius & Miniſter in terra▪ quia illa poteſtas SOLIUS Dei eſt: poteſtas autem injuriae, Diaboli & non Dei: cujus horum operum fecerit Rex, ejus Miniſter erit, cujus opera fecerit. Igitur dum facit juſtitiam, vicarius eſt Regis aeterni, miniſter autem Diaboli dum declinat ad injuriam. **See Leges Edwardi Confeſſoris cap. 17. in Lambards Archaion. f. 130. accordingly.Dicitur enim Rex a bene regendo, non a regnando: quia Rex eſt dum bene regit. Tyrannus dum populum ſibi creditum violenta opprimit dominatione. Temperet igitur potentiam ſuam per legem, quae fraenum eſt potentiae, quod ſecundum leges viva…, quia hoc ſanxit Lex humana; quod leges ſuum ligent latore…; & alibi in eadem, digna …ox Majeſtate regnan…s eſt, legibus alligatum ſe Principem profiteri. Item, nihil t…m proprium eſt imperii quam legibus vivere: Et majus imperio eſt legibus ſubmittere Principatum; & merito debet retribuere legi, quia Lex tribuit ei▪ facit enim Lex quod ipſe ſit Rex. Item, cum non ſemper oporteat Regem eſſe arma…um armis ſed legibus, addiſcat Rex ſapientiam & conſervet juſtitiam. (All which is notably ſeconded by Judge Forteſcue De Laudibus Legum Angliae, c. 9. to 15. worthy any Princes ſerious peruſall:) And thus doing, neither he nor his Poſterity need …eare this Supreame Prerogative Power of Parliaments, which hath …aine dead and buryed for many ages; Et pereat poſitum rubigine telum.

11. All Papiſts eeSee p, 2, 3. & the Authours there quoted▪ Biſhop Jewels View of a ſeditious Bull, and of the Popes Supremacy. Caſſanaeus Catagloria mundi, part. 4.attribute farre more divine authority and Soveraigne Juriſdiction over Emperours, Kings, Princes Kingdomes, Subjects, to the Pope their Lord and God, whom they make the Supreame Monarch of the World and all kingdomes in it, and give him greater Authority to ſummon, ratify, and diſſolve generall Councels, then ever any Chriſtian King or Emperour, challenged or uſurped: yet thoſe who maintaine theſe Paradoxes of the Popes Supremacy, confeſſe, ffSee John Whites Way▪ ſect. 36. n. 30. 34, 35. p. 102. 104 105. Surius Tom. 3. & 4.that a generall Councell is above the Pope; and may upon juſt cauſe, not onelyonly convent and cenſure him for his miſdemeanours, but likewiſe actually depoſe him and ſet up another in his ſtead▪ as the Councels of Piſa, Conſtans, Baſil, (which depoſed foure Popes, namely, Gregory the 12. Benedict the 13. John the 23. and Eugenius the fourth) the Councell of Chalcedon againſt Pope Leo, the Councell of Sinueſſa againſt Pope Marcellinus, the ſixth, ſeventh, and eighth generall Councels againſt Honorius, the Councels of (q) Wormes and Brixia againſt Hildebrand, the Councell of Piſa, ſummond 1511. of purpoſe to depoſe Pope Julius for his perjury, & hhSee John Whites Way ſect. 36. n. 30 p. 102 and n. 34, 35. p. 104, 105.ſundry Popiſh Writers acknowledge. Now the Councell of Baſil (as I ſhewed **See p. 4.before) defined: That the whole Kingdome and Parliament hath as great a power over their Kings, as a Councell hath over the Pope▪ therefore by Papiſts verdicts it is above the King in point of Soveraigne power▪ as a Councell is above the Pope, which John Mariana, De Rege & Regis, Inſtit. lib. 1. c 3. to 10. profeſſedly proves at large.

12. That Court which may lawfully coniure, queſtion, depoſe, baniſh, execute the Kings greateſt Favorites, Officers, Judges, yea Lord Protectors themſelves, the higheſt Peeres of the Realme, (notwithſtanding ſuch are ſaid to be iiPſal. 82. 1, 2. Exod. 22. 2…. John 10. 34.Ps 82:1Ps 82:2Exod 22:2John 10:34Gods, kkRom. 13. 1, 2, 3, 4.Rom 13:1Rom 13:2Rom 13:3Rom 13:4Ordained of God, Gods Miniſters, To llProv. 8. 15.Prov 8:15decree Judgement (g) Fox Acts & Monuments, vol. 1. p 231. 235. 879 to 890. 962.by God, to be the higher powers, &c. in Scripture, as well as Kings▪) and that not onelyonly with, but againſt the Kings Good will; muſt queſtionleſſe be the higheſt power and Juriſdiction in the Realme, elſe the King and their Authority might protect them againſt its Juſtice. But the Parliament may lawfully cenſure, queſtion, depoſe, baniſh, execute all or any of theſe, not onelyonly without, but againſt the Kings conſent, witneſſe the proceedings in Parliament againſt mmHoveden p. 702, 703. 705, 706. with Speed, Holinſhed, Grafton, Stow, Matthew Paris, Polychronicon, Fabian.William Longchamp, Biſhop of Ely, Chiefe Juſticia…, Lord Chancellor, and Vice-roy of England, in Richard the firſt his Reigne, during his abſence in the Holy Land,) from which Offices he was by the Peeres and Commons depoſed for his p. 32miſd…meanours, and oppreſſions. nnWalſingh. Speed, Holinſh. Fabian, in Edw. 2. Froyſſards Chron. part. 1. c. 12, 13.Piers Gaveſton and the two Hugh Spenſers, in Edward the ſeconds Reig…e, oft baniſhed by Parliament, and violently p…t to death, though the Kings higheſt Officer, and darling Minions. ooWalſingham Holinſh. Speed, Grafton, Stow, in 11 R. 2. c. 1. 6, 7. Froyſards Chron. part. c. 97.Michael De La Pole, wi…h other great Officers, and Favourites to King Richard the ſecond, condemned, deprived of their Offices, baniſhed and executed by the Peere… in Parliament, together with Triſilian, Belknap, and their fellow Judges, who miſadviſed him in point of Law: ppHall, Stow, Speed, Holinſh. Grafton, Fox. in H. 6.Humph…ey Duke of Gloceſter, Protector to King Henry the ſixt, arreſted of high Treaſon in a Parliament at Bury, and there murdered; qqHall, Holi. Grafton, Stow, in H. 8.Cardinall Wolſey, that powerfull favourite …o King Hen…y the eight, accuſed and put from his Chancellorſhip and other Offices by the Parliament; rrFox, Speed, Holinſhed, Stow Grafton in Ed. 6▪The Duke of Sommerſet, Lord Protector to King Edward the ſixt, accuſed and attainted of high Treaſon in Parliament, for which he loſt his head; the great Earle of Strafford, Lord Depu…y of Ireland, who loſt his head this Parliament for Treaſon, full ſore againſt his Majeſties and the Queenes wills, with infinite others, mentioned in our Stories and Records: Nay Queenes themſelves have undergone …he cenſures of Parliament, (of which we have ſundry precedents in ſſSee Fox, Hall, Speed, Holinſhed, Grafton in his life, 28. H. 8. c. 7. p. 35. p. 8. c. 1.King Henry the eight his Reigne) not onelyonly to divorce, but loſſe of their very heads: and ſhall any Delinquent then thinke to be protected by any power againſt the Parliaments juſtice now?

13. Not to mention the Parliaments Soveraigne Power and Juriſdiction ttMatth. Paris p. 560. 562. 933, 934, 935. Speed p. 750. Grafton, p. 188 189. 240, 241. 221, 222, 223. The ſeverall Acts for Subſidies and Raſtal Warre, Truce, Armes, Money Mint, Muſters, Taxes, Tonnage & Poundage. The Parliaments two Remonſtrances concerning the Militia; C…oks Inſtit. on Artic▪ Super Chartas.in Making or proclaiming warre or Peace, in which they have oft ti…es not onelyonly adviſed, but overſwayed the King; in creating the higheſt Officers, in Ordering the Militia of the Kingdome by Sea and Land by ſetled Lawes (of which more an on;) or in ordering the coyne and Money of the Land, together w…th the Mint, or deſigning how the Subſidies and Aydes granted by them to the King, ſhall be diſpoſed of to the Kingdomes uſe, of which there are ſundry precedents. All which are ſtrong See Bodines Commen wealth, l. 1. c. 10.evidences of its Soveraigne Authority: together with the Acts concerning his Purveyance and all Revenues▪ royall. Nor yet to remember this infallible Argument, to prove Kingdomes greater, and more valuable then Kings; that Kings as publique Servants to their Realmes, ought to hazard their lives for their Kingdomes ſafety and preſervation (as many have done in wa…es againſt enemies) but never ought the whole kingdome to be loſt or hazarded to preſerve its Kings P…erogatives, that of John 11. 48, 49, 50. and chap. 18. 14. being an undoubted rule in Divinity and Policy. * That it is expedient that any one man (though a King) ſhould dye for the people, that the whole Nation periſh not: rather then the whole Nation dye for him.

There is one cleare Demonſtration yet remaining, to prove the Supreame power of Parliaments above Kings themſelves, which is this: That it is the higheſt Court and power to which all xxSee Sir Thomas Smiths Common▪wealth, l. 2. c. 1. 2. Holinſheds Deſcription of England, c. 8. p. 173▪ and Chronicles of Ireland, p. 127. to 130. Cromptons Juriſdiction.Appeales are laſtly, and finally to be made from all other Courts and Judges whatſoever, yea from the Kings owne perſonall reſoluti…ns, in, or out of any other his Courts: and ſuch a tranſcendent Tribunall from whence …here is no appeale to any other Court or perſon, no not to the King himſelfe, but onelyonly to another Parliament. If any erroneous judgement be given in the Kings Bench, Exchequer Chamber, Chancery, Court of Wards, or any other Court within the Realme, or in the Parliament in Ireland, it is finally to be reverſed, o… determined in Parliament by a Writ of yy1 H. 7. 1. Br. Parliament. 92. 98. Error, 65, 88. 137. See Aſh. Error, 65, 66▪ 67, 68, 70.Error, or upon a Petition or Bill: If any ſentence be unjuſtly given in any Eccleſiaſticall Courts, or before the Delegates, the finall Appeale for redreſſe muſt be to the Parliament. Illegall ſentences in the (now exploded extravagant) Courts of Star-Chamber, or High Commiſſion; Injuries done by the King and his privy Councell at the Councell Table, are examinable and remediab…e in this High Court. Nay, if the King himſelfe ſhould ſit in perſon in the Kings Bench, or any other Court (as ſometimes our Kings have done) and there give any judgement, it is not ſo obligatory or finall, but that the party againſt whom judgement is pronounced, may appeale to the Parliament for reliefe. But if the Parliament give any judgement, There **See 22 E▪ 3. 3 Error, 8. 8 H 4. 12, 13▪can be no Appeale to any hig…er Tribunall, Court, or Perſon, no not to the King, but onelyonly to the next or ſome other Parliament, as is evident by experience, by all zz21 R. 2. c. …. to 15. 1 H. 4. c. 2, 3, 4. 8 H. 4. 12, 13. See 1 Mariae c. 1. 1 Eliz. c. …. 3. 21 Jac. c. 28. And all Acts for reſtitution in blood of Perſons Attainted, and Acts of repealing S…atutes, Bracton, l. 1. c. … ▪Attainders of Treaſon, by or in Parl…ament, by all inconveent and unjuſt Act… paſſed in Parliament, which concerne either King or Subject; Which cannot be reverſed nor repealed though erroneous, nor the right heire reſtored in blood by any Charter f…om the King, but onelyonly by an Act of repeale or reſtitution in blo…d by another Parliament. Now this is an infallible Maxime, both in the Common, Civill, and Canon Law, that The Court or perſon to w…om the laſt appeale is to be made, is the Supreameſt power; as the aaSee Aſhes Tables, Error 65, 66, 67, 68, 69, 70.Kings Bench is above the Common Pleas, the Eſc…equer Chamber p. 33* See Matthew Paris, p. 268. Legimus quod multi al… Reges, imo & Reguli, uſque ad mortem dimica…unt, &c.above the Kings Bench, and the Parliament above them all, becauſe a Writ of Error to reverſe erroneous judgements given in the Common Pleas, lyeth in the Kings Bench: Errors in the Kings Bench may be reverſed in the Eſchequer Chamber; and errors in all or either of them, may be redreſſed finally in Parliament, from whence there is no further appeale. Hence the Canoniſts conclude, a bbBodin, l. 1. c. 10. Summa Angelic…, & Roſella Tit. Appellatio. Lindwood, lib. 2 de Appellationibus, Fox Acts and Monuments, Vol. 1. p. 448, 449. 452. 506. 24. H. 8. c. 12. All Papiſts and Proteſtants, in their Controverſies of the Popes Supremacy, & of general CouncelsGenerall Councell above the Pope, the Pope above the Archbiſhop, the Archbiſhop above the Ordinary, becauſe men may Appeale from the Ordinary to the Archbiſhop, from him to the Pope (but now with us to the Kings Delegates) If there be any difference betweene ccSee Grafton p. 512, 513. 161. Matthew Paris, p. 954. Fox old Edition, p. 508.King or Subject, touching any inheritances, Priviledges or Prerogatives belonging to the Crowne it ſelfe, or any points of miſgovernment; yea, which is more, if there be any ſuite, quarrell, or difference betweene our Kings in Act, and any other their Competitors, ddSee Hoveden, p. 724, 725for the Crowne it ſelfe, which of them hath beſt title to it, who of them ſhall enjoy it, and how, or in what manner it ſhall be ſetled, the Lords and Commons in Parliament are and ought to be the ſole and finall Judges of it.

Not to give you a…y inſtances of this kinde betweene King and Subjects, which I have formerly touched▪ nor to relate how our eeWalſingham Hiſt. p. 514. Speed p. 647▪ 648.Kings, Edward the firſt, King John ffMatthew Paris, p. 273. 274, 275.condemned to death by a Parliament in France, by French Peeres, for ſlaying his Nephew Arthur trecherouſly with his owne hands; and likewiſe to loſe the Crowne of England) Henry the third, and other our Kings have Appealed to the Parliaments of France and England, upon differences betweene the Peeres and Kings of France and them, concerning their Lands and Honours in France. Or how King Edward the third, and Philip of France ſubmitted both their Titles to the Kingdome of France, to the determination in a French Parliament, where they were both perſonally preſent, which adjudged the Crowne to Philip; Nor yet to repeate the iipag. 5.forementioned precedents, how the Lords and Commons when the Title to the Crowne hath beene in diſpute have transferred it from the rightfull Heires to others; I ſhall give you ſome other pregnant evidences, where the Parliament hath finally determined the Title to the Crowne, when it hath beene in competition, and ſetled it in a legall manner to avoid debates (by way of Appeale to them by compe…itors, or reference from the Kings themſelves) as the onelyonly proper Judges of ſuch a ſuperlative controverſie. Not to mention any ſtories of our Britiſh Kings to this purpoſe, where the **See Matthew Weſtm. Fabian, Grafton, Holin.Kingdom, Lords and Commons then, diſpoſed of the Crowne in caſes of minority, want of He…res, miſgovernment, and c…ntroverſies ab…ut the Title to the Crowne.

**Polichron. l. 6. c. 18. Speed, p. 399. See Grafton and Holinſhed accordingly.Canutus after the death of King Edmond, Anno 1017. claiming the whole Realme againſt Edmonds Brethren & Sons, referred his Title upon the agreement made between Edmond and him fo… this purpoſe, to the Parliament; who reſolved for Canutus Title, and thereupon tooke an Oath of feal…y to him, Offering to defend his right with their ſwords againſt all others claimes. After his deceaſe, the **Matthew Weſtminſter and Malmeſ…wy, Anno 1036. Holinſhed, l. 17. c. 13. p. 398. Speed, p. 404. 406. Huntingdon, Walſingham. Anno 1036. 10…0.Title to the Crowne being controverted betweene Hardicanute the right Heire, and Harold his elder, but baſe Brother; it was referred to a Parliament at Oxfo…d, who gave their voyces to Harold, (there preſent) and preſently proclaimed and conſecrated him King; Anno 1036. After whoſe death, the States of England ſent and adjudged the Crowne to Hardicanute, then in Denmarke. He dying, **Huntindon, l. 6. Polychron. l. 6. c. 18. Speed. p. 410. Matthew Weſt…n. An. 1042. p. 415.Edward the Confeſſor, by a generall conſent of the Nobles, Clergy, and People (who preſently upon Harolds death, enacted by Par…iament,)(g) Matthew Paris, p. 893. 925. 930. 948. 954, 655. Grafton, p. 188, 189 Speed, p. 687, 688, 785, 786. That none o… the Daniſh blood ſhould any more Reigne over them) was elected King, and declared …ight Heire to the Crowne. Anno 1126. kkHoveden, Hun…ingdon, Matthew Weſtminſter, Matthew Paris, Walſingham, Polychronic…n, Fabian, Anno 1126. Speed p. 477. See Ho…inſhed, Grafton, Stow, Anno 1126.King Henry the firſt having no iſſue male, but onelyonly one Daughter Maude, to fucceed him, ſummoned a Parliament in the preſence of himſelfe and David King of Scotland, wherein the Crowne was ſetled upon Maude after his deceaſe, being of the ancient Royall Engliſh Blood; whereupon Stephen, his Siſters Sonne, and all the Nobles preſently ſwore fealty to …er, As much as in them lay, after King Henries death (if …e dyed without iſſue male) to eſtabliſh …er Queene …f the Monarchy of great Britaine. But Stephen after his deceaſe, uſurped the Crowne againſt his Oath,(h) Polyd. Virgil, l. 19. Claudius Seyſe…us, his French Monarchy. By the unanimous conſent and election of the Lords and Commons: And after ſeventeene yeares civill warres, …o the devaſtation of the Realme llWalſingham, Ypod An. 1113, Matthew Weſtm. An. 1153, p. 42. Matthew Paris …. 82, 83. Speed p. 497. Hoveden p. 490. Hun…indon, Hiſt. l. 8 p. 598. Fox. Vol. 1. p. 261.King Stephen and Henry the Sonne of Maude came to a Treaty … Wal…ingford, where by the adviſe of the Lords, they made this accord; That Stephen if he would, ſhould …eaceably hold the kingdome during his life, and that Hen…y ſhould be his adopted Sonne and Succeſſor, enjoy …he Crowne as right Heire to it after his death; and that the King and all the Biſhops and Nobles ſhould …weare, that Henry after the Kings death, if he ſu…vived him, ſhould P…ſſeſſe the Kingdome without any conradiction▪ Which done the civill warres ceaſed, and a bleſſed peace enſued: and then comming to p. 34Oxford, in a Parl…ament all the Nobles did fealty to Henry, who was made chiefe Juſticiar of England, and determined all the affaires of the Kingdome. In the 8. and 25. E. 3. there was a mm25. E. 3. Parl 2. in the Statuts at largedoubt moved in Parliament, whether the children of the King, or others borne beyond the Seas within his Allegiance, ſhould in…erit lands in England? The King, to cleare all doubts and ambiguities in this caſe, and to have the La… herein reduced to ce…tainty; charged the Prelates, Earles, Barons, and other wiſe men of his Councell aſſembled in Parliam…nt in the 25. yeare of his Raigne, to delibera… of this point; who with one aſſent reſolved▪ That the Law of the Realme of England is, and alwayes hath beene ſuch, that the children of the Kings … England in whatſoever parts they be borne, in England or elſewhere, be able and owe to beare inheritance after the death of their Anceſtors: Which when they had declared, the King, Lords and Commons by a ſpecial Act, did approve and affirme this Law for ever, the onelyonly Act paſſed in that Parliament. And in a **Cooke l. 7. The Princes caſe.Parliament, 11. E. 3. this Kings eldeſt ſonne was created Duke of Cornwall by Parliament, which then alſo entailed the Dutchy of Cornwall upon the eldeſt ſonnes of the Kings of England. See 21 R. 2. c. 9.

**7. H. 4. c. 2. Hals Chronicle 1. H. 4. f. 10. 15. Fabian. par…. 7. p. 376. Speed p. 763.King Henry the fourth, the …et…er to aſſure the inheritance of the Crownes and Realmes of England and France to him and his poſterity, cauſed them by a ſpeciall Act of Parliament, in the firſt yeare o… his raigne, to be entailed and ſetled on himſelfe and the heires of his body begotten; and Prince Henry hi… eldeſt ſonne to be eſtabliſhed, pronounced, ordained, and decreed heire apparant to him▪ and to ſucceed hi… in the ſaid Crownes and Realmes, to have them with their appurtenances after the Kings death, to him an… the heires of his body begotten; And if he ſhould die without heire of his body begotten, then to remaine to th… Lord Thomas, the Kings ſecond ſonne, with ſucceſſive remainders to Lord John the third, and Lor… Humfry the Kings fourth ſonne, and the heires of their bodies begotten. After which Act paſſed (for t… avoyding for all claimes, titles, and ambiguities, to be made unto the Crowne) he thought never by any of his Subjects to be moleſted or troubled: the rather, becauſe in this Parliament it was firſt concluded that depoſed King Richard ſhould continue in a large priſon, and …e plenteouſly ſerved of all things neceſſ… ry both for viande and apparell, and if any perſons ſhould preſume to reare warre or congregate a multitude …o deliver him out of priſon, that then he ſhould be the firſt that ſhould die …or that ſedi…ious comm… tion: Which King Richard (as **Fabian. part. 7. p. 373.Sir John B…got by his Bill exhibited to this Parliament averred) h… divers times, at ſundry Parliaments in his time holden, ſaid; that he would have his intent and pleaſur… concerning his owne matters, whatſoever betide of the reſidue; and if any withſtood his will or minde, b… would by one meanes or other bring him out of his life; And further ſaid to him at Lichfield in the one … twentieth yeare of his raigne, that he deſired no longer for to live then to ſee his Lords and Commons ha… him in …s great awe and dread, as ever they had of any his Progenitors, ſo that it might be chronicled of him that none paſſed him of honour and dignity, with condition that he were depoſed, and put …rom his ſaid dignity the next morrow after. So wilfull was he, as to preferre his will before his Crowne or ſafety.

nnHall. An. 38. &. 39. H. 6. f. 176. to 183. Fabian. An…o 1441. p. 470. Grafton p. 643. to 648. Holinſ. Stow, Howes, An. 1440 144…In the yeares 1440. and 1441. Edward. Duke of Yorke came into the Parliament Houſe, an… there, in a large Oration laid claime, and ſet forth his Title to the Crowne of England, which King He… ry the ſixth had long enjoyed, deſiring the Parliament to determine the right of the Title betweene the… both …ides ſubmitting to their reſolution as the proper Judges of this weighty royall controverſie: After lon… debate and conſideration of the caſe among the Peers, Prelates, and Commons of the Realme, it w… finally agreed and reſolved by them: That in as much as Henry the ſixth, had beene taken as King for. 38. yea… and more, that he ſh…uld enjoy the name and title of King, and …ave p…ſſeſſi…n of the Realme during his n… turall life. And if he either died, or reſigned, or FOR FAITED THE SAME for breaking … part of this concord, then t…e ſaid Crowne and authority royall ſhould immediately deſcend to the Duke … Yorke (King Edward the 4. his Father) if he then live…, …r elſe to the next heire of his line. And that the ſ… Duke from thenceforth ſhould be Protector and Regent of the Kingdome. Provided alway, that if the Ki… did cloſely or apertly, ſtudy or goe about to breake or alter this agreement, or to compaſſe or imagine the de… of the ſaid Duke or his bloud▪ then he TO FORFEIT THE CROWNE: and the Duke T… TAKE IT: Theſe Articles made by the Parliament betweene them, they both ſubſcribed, ſealed, … ſwore to, and then cauſed them to be enacted. Loe here we have theſe two Kings ſubmiting their Titles … the Crowne and Kingdome it ſelfe to the Reſolution of both houſes of Parliament, as the Soveraig… Judge betwene them; who ſettled the Crowne in this order, under paine of …orfeiting it by Ki… Henry, if he violated their Decree herein▪ and appointing a Lord Protector over the Kingdome in … full age, as ooHiſtoria Angliae p. 458. Parliamentum fuit c…nv…catum in qu… Parliamento ex aſſenſu omnium Statuum, idem Dux Defenſor ſeu Protector, Angliae fuera… nomina…us & ordina…us, omnia que Regni off…cia & beneficia ejus diſpoſitioni ſunt commiſſa.Walſing…am informes us, a Parliament c…nſtituted Duke Humſry to be protector of hi… and h…s Kingdome of England, and the Duke of Bedford to …e Regent of France, during his minority, wh… exerciſed all regall power, by vertue of that authority which the Parliament derived to them. A… this, in theſe two Kings reignes, ppSee Grafton p. 691. 692. Speed p. 869. 878. 859. 886. 1. E. 4. c. 1. 17. E. 4. c. 7.the Crown and its deſcent were variouſly ſetled by Parliament (as I ha… formerly manifeſted) yet ſo, as that which one Parliament ſetled in this kinde, continued firme till it … akered or reverſed by another Parliament. King qqSpeeds Hiſt. p. 928. 931Richard the third comming to the Crown by uſurp… tion, to ſtrengthen his Title, procured the Lords and Commons to paſſe an Act of Parliament, where in th… declare him to be their lawfull King, both by election and fucceſſion, entaile the Crowne upon him and the hei… p. 35…f his body lawfully begotten, create his Sonne Edward, Prince of Wales, and declare him heire to ſucceed him in …he royall Crowne and dignity after his deceaſe.

In which Act of Parliament (recited at large by Speed) there is this memorable paſſage: That the Court of Parliament is of ſuch Authority, and the people of this land of ſuch a nature and diſpoſition, as experience teach…th; that manifeſtation or declaration of any Truth or Right made by the three Eſtates of this Realme Aſſembled …n Parliament, and by the Authority of the …ame, makes before all other things moſt faith and certainty, and …uieting of mens mindes, removeth the occaſion of all doubts, and ſeditious language: rrHalls Chro. 1 H. 7. f. 855.Henry the ſeventh af…erwards ſlaying this uſurping Richard at Boſwell-field, to avoyd all ambiguities and queſtions of his Title to the Crowne, in his firſt Parliament procured the Lords and Commons by a ſpeciall Act, to ſet…le the inheritance of …he Crownes of England and France, on him and the heires of his body lawfully begotten, perpetually by the grace …f God, ſo to endure, and on none other, and all attainders and Acts againſt him, by Edward the fourth, and King Richard ssGrafton p. 856.this Parliament annibilated. After him King Hen…y the eighth, to ratifie his divorce from Que…ne Katherine, cauſed it to be confirmed, and his ttSp. p. 1028.Marriage with her to be utterly diſſolved by Act of Par…iament: and by uu25 H. 8. c. 22. 26 He. 8. c. 13. 28 H. 8 c. 7. 35 H. 8. c. 5. See Hall.ſundry Acts, ratified his ſubſequent Marriages, and ſetled the deſcent of the Crowne to …is poſterity, ſomewhat different from the courſe of the Common Law; which Statutes were afterwards altered …nd the deſcent of the Crowne ſetled by other ſpeciall Bils in Parliament, both in xx1 Mar. c. 1. & Parliament 2. c. 1. 2. 1 Eli. c. 3. 13 Eliz. c. 1.Mark 1Queene Maries, and Queene Elizabeths Reignes, Whoſe Titles to the Crowne were ſetled, and in ſome ſort created by the …arliament.

By the notable Sta…. of 13. Eli. c. …. worthy reading for this purpoſe, it is made no leſſe then high Treaſon, …o affirme; That the Queene, WITH, and BY THE AUTHORITY OF THE PAR…IAMENT of England, is not able to make Lawes and Statutes of ſufficient force and validity to binde, li…it, reſtraine and governe all perſons, their Rights and Titles that in any wiſe may or might claime any intereſt or …oſſibility in or to the Crowne of England in poſſeſſion, re…ainder, inheritance, ſucceſſion, or otherwiſe howſoever; …nd all other perſons whatſoever. King Edward the ſixt, Queene Elizabeth, and other our Princes holding …heir Crownes by a Parliamentary Title, rather then by the courſe of the **See Cooks. Inſtitut. Littlei. f. 15, 16.Common Law, which this …tatute affirmes the Parliament hath power to alter, even in caſe of deſcent of the Crowne.

It is obſervable that the Statutes of 25 H. 8. c. 22. 28 H 8. c. 7. and 35 H. 8. c. 1. doe not onelyonly Nul…fie ſome of this Kings marriages, and ratifie others of them, declaring ſome of his iſſues legitimate and heredi…ble to the Crowne, others not, and appoint the Queene, if living, to be Protector of the infant King or Queene, …at ſhould inherit the Crowne; or ſuch of the Lords as the King by his laſt will ſhould deſigne; But likewiſe pre…cribe ſtrict Oathes for every Subject to take, to maintaine the Succeſſion of the Crowne, as it is limited …y thoſe Acts, which Oathes for any to refuſe, is made high Treaſon, or to write or ſpeake any thing a…ainſt the Succeſſion of the Crowne as it is therein limited: And withall they derive a plenary authority … the King (who thereupon **35 H. 8. c. 1.acknowledgeth the great truſt and confidence his loving Subjects had in him, … putting in his hands wholly the Order and Decla…ation of the Succeſſion of this Realme) by his Letters Patents …der his Seale, or his laſt will in writing ſigned with his …and, for la…ke of iſſue lawfully begotten of his bo… to **28 H. 8. c. 7. 35 H. 8. c, 1.give, limit, aſſigne, appoint or diſpoſe the imperiall Crowne of the Realme, to what perſon or perſons, …d for ſuch eſtate in the ſame, and under ſuch conditions as it ſhould pleaſe his Majeſty. The Parliament therein …omiſing by o…e common aſſent to accept, take, love, dread, and obey, as their legall Governours, and Supreame …ads, ſuch perſon or perſons onelyonly, as the King by au…hority of thoſe▪ Acts ſh…uld give the Crowne unto, and …olly to ſt…cke to them as true faithfull Subjects. Provided, that if any of his Children or Heires, afterward …d uſur…e one upon the o…her in the Crowne of this Realme, or claime, or challenge the ſaid Imperiall Crowne, …erwiſe, or in any other courſe, forme, degree or condition, then the ſame ſhould be given, diſpoſed, or li…ted unto them, by the King, by ver…ue of thoſe Acts. Or if any perſon or perſons to whom it ſhould pleaſe … King, by autho…ity of thoſe Acts to diſpoſe the ſaid Crowne and Dignity of this Realme, or the Heires of any … them, ſhould at any time hereafter demand, challenge, or claime the Crowne of this Realme, otherwiſe, or in …y other courſe, forme, degree or condition, then the ſame ſhould be given, diſpoſed, and limited unto them by … King, by ver…ue and authority of theſe Acts; That then all, and ſingular offenders, in any of the premiſes …ntrary to theſe Acts, and all their Abettou…s, Maintainers, Factours, Counſellours, and Aiders therein, ſhall be …emed, and adjudged HIGH TRAYTORS TO THE REALME; and that every ſuch …ence, ſhall be accepted, reputed, and taken to be high Treaſon, and the offenders therein, their ayders, &c. … every ſuch offence ſhall ſuffer ſuch judgement, pai…es of death, loſſes and forfeitures of Lands, Goods, and Pri…ledges of ſanctuary, as in any caſes of high Treaſon. And over, that as well the Kings ſaid Hei…es and Children, every ſuch perſon and perſons to whom the Crowne ſhould be limited as aforeſaid, and e…ery of their Heires, … every ſuch offence above ſpecified by them or any of them to be committed, ſhall loſe and forfeit as well all ſuch …ight, Title, and intereſt, that they may claime or challenge, in or to the Crowne of this Realme, as Heires by …ſcent, or by reaſon of any gift or Act done by the King, for his or their advancement, by authority of thoſe Acts, by any manner of meanes or pretence whatſoever.

And the Statute of 35. H. 8. c. 1. which entailed the Crowne upon Queene Mary, after Edward the 6. p. 36his deceaſe without iſſue, hath this proviſo. That if the ſaid Lady Mary, doe not keepe and performe … conditions as King Henry by his Letters Patents or laſt Will in writing, ſhould hereafter declare and limit … ſaid eſtate in the Imperiall Crowne; That then and from thenceforth, the ſaid Imperiall Crowne ſhall be… come to the Lady Elizabeth, and the heires of her body lawfully begotten, in ſuch like manner and forme, a… th… the ſaid Lady Mary were then dead, without any …eires of her body begotten, any thing in this Act contained … the contrary notwithſtanding. And the like proviſo there is for Queene Elizabeth, That if ſhe performe not … like conditions, limited as aforeſaid, to her eſtate in the Crowne; That then the ſaid Imperiall Crowne ſhall … and come to ſuch perſon or perſons as the King by his Letters patents or laſt will ſhall limit or appoint. By … which Acts, (worthy reading and conſideration) the Parliaments Supreame power of ſetling and diſpoſing the deſcent and inheritance of the Crowne, and giving Authority even to the King himſelfe, to … poſe of it upon condition, on paine of forfeiture as aforeſaid (which the King alone had no right nor po… er at all to doe) will eaſily appeare to the moſt malignant Spirits.

In the firſt yy… Jac. c. 1.Jas 1Parliament of our late King James, the firſt Bill then paſſed, was an acknowledgem… and confirmation of his immediate, lawfull, and undoubted ſucceſſion and right to the Crowne of England, … the next and onelyonly heire of the blood Royall, to whom of right it deſcended; which Dolman the Prieſt, and ſo… Jeſuites oppoſed in Printed ſeditious Bookes. So the zz… Mariae, Parl. 2. c. 2.Articles of Queene Maries marriage with K… Philip, were limited, appointed, and ratified by Parliament: And the Imperiall Eccleſiaſticall Ju… diction uſurped by the Pope and Prelates, hath likewiſe by aa25 H. 8. c. 19. 21. 26 H. 8 c. 1. 3. 27 H. 8. c. 10. 28 H. 8. c. p. 16. 32 H. 8. c. 22. 24. 29. 31 H. 8. c. 10. 14. 3… H. 8. c. 29. 34 & 35 H. 8. c. 17. 19. 35 H. 8. c. 1. 3. 1 Eli. c. 1. 1 E. 6. c. 2. 1 Mariae c. 1. & Parl. 2. c. 1. 8 El. c. 1.ſund…y Statutes beene reſtored and united to … Crowne, and the Title of Supreame head, and Supreame Governour in all cauſes, and over all perſons, Spiri… all, Eccleſiaſticall and Temporall, ſeiled upon our Kings and Queenes; Who during their minori…ies have … Guardians and Protectors appointed to them by bbWalſingham Hiſt. Angl. H. 5. p. 458. Speed p. 1 108. 28 H. 8. c. 7. 17. 1 E. 6. c. 11. Hals Chronicle 1 H. 6Parliament, to ſummen Parliaments, aſſent to …ils; and ex… cute all royall Juriſdiction in their names and ſteads. And a… the Title and Right to the Crowne of Englan… and the Juriſdiction thereof hath thus from time to time beene decided and ſetled in and by our Parli… ments, ſo hath the Title and Juriſdiction of the Crowne of Scotland, beene ccHiſt. Angl. p, 16. to 26. 31. to 33 42. 46. to 56. See Holin. Grafton, Stow, & Speed in the life of Edward the firſt. …podigma Neuſt. p. 72. to 96.frequently diſcuſſed a… ſetled in our Parliaments, upon appeales made to them by the Kings of Scotland, and their Corrivals to that Crow… Witneſſe the famous caſe and competition for that Crown long agitated and reſolved in Parliament betweene … King of Norway, Bailliol, and Bruce, (to omit others) in the Reigne of King Edward the firſt; And … King Edwards title to the Crowne of Scotland, declared and reſolved by our Parliament here; All which … Recorded at large by Thomas Walſing…am, in the life of King Edward the firſt, and in the Parliame… Rols and Pleas of his Raigne, with dd1 Jac. 1.Jas 1ſundry other inſtances of this nature (frequent in our Hiſtorian … wh…ch for brevity I pretermit.

It is a ee35 H. 8 c 1cleare caſe without diſpute, that if the King ſhould dye without any Heire, the Crowne wou… ofcheate to the whole Kingdome and Parliament, who might diſpoſe of it in ſuch a caſe to what perſ… they pleaſed, or quite change that forme of government, if they ſaw good cauſe; no particular kin… of rule being ſo ſimply neceſſary by any divine right or Law to any ſtate or Kingdome, but that as it was … firſt inſtituted, ſo it may in ſuch a caſe be changed by the whole Kingdomes generall conſent, upon ſuff… cient grounds. This appeares by the caſe of **Elondus Decad. 2. l. 2. Regin l. 2. An. 800 Bi…op Bilſon of Chriſt an Su…jection, &c. part 3. p. 423.Charles the groſſe, who being depoſed from the Empire a… his Kingdomes, for a mad man, and dying without any Heire, the Kingdomes which before were ſubject … him, Deſtitute of a right Heire, began to fall in ſunder on every ſide, and to chooſe Kings of themſelves of an… ther Family. France elected Charles, a childe, ſirnamed Simple, for their King; and after his ſimplic… ty diſpleaſed them, they Crowned Otho Sonne of Robert Duke of Saxony, in his place: At the ſame tim… the people of Italy meaning to have a King of their owne, could not agree on the matter, but ſome cho… Beringarius, others Guido, and ſo had two Kings in Italy, both calling and bearing themſelves as Emp… rours; And the Germanes elected Arnolph Duke of Bavaria for their Emperour. Thus **Zonas Annal. Tom. 3. f. 1 26. Grimſtons Imperiall Hiſtory p. 303.Zeno the Emperour dying without any Heire that might ſucceed him, Anaſtaſiu… a man of great reputation, yet of no No… Family, was choſen his Succeſſor, by the Senate and Legions. The like we read of divers other Emperou… de…eaſing without Heire; of ſome of our Saxon and Britiſh Kings, before the Conqueſt; and of othe… in other Kingdomes, where the Crowne hath beene tranſlated from one family to another, by the Kingdomes conſent for want of Heires: Yea, Biſhop Bilſon 11The true difference betweene Chriſtian Subjectio… and unchriſtian Rebellion, part 3. p. 418. to 422.himſelfe (though a great Royaliſt,) po… tively affirmes; That if a King, or right H…ire to any Crowne be borne, or becomes a naturall Foole, or ſtar… mad, or run beſides himſelfe, ſo that he is not able to governe himſelfe, much leſſe his Realme; in theſe … caſes, ANY REALME BY PUBLICKE CONSENT and ADVICE MA… CHUSE ANOTHER KING: (for what ſhould he doe with a royall Office, or by what d… vine or humane right can he enjoy a Crowne, who is utterly unable to manage it?) Upon this groun… 22See the generall Hiſtory of France in his life, Sabellicus Ennead. 8. l. 8. … ▪ 245 N…ucl…rus vol. 3. gen. 20. Blondus, Decad. 1. l. … Aventinus, l. 3. p. 293. to 300. Gaguinus l. 3. in Carolo. M…rt. Herman. Sche… Chron. Aetas. 6 f. 185.King Childericke was depoſed by his French and German Subjects generall conſents; becauſe he was … p. 37…e, a Sot, a Beaſt, unable to governe his Kingdome, and Pepin of another race, elected and crowned King in …ſtead; which act by Pope Zacharies reſolution, was adjudged both juſt and lawfull, even in point of …ſcience, before it was put in execution. So 33Go…fredus Viterbienſis Chro. pars …. col. 468 Regino l. 3. An. 887. H. Mutius, Germ. Chr. l. 12, Grimſtons Imperial Hiſtory p. 404.Charles the third, the laſt Emperour of Pipins race, … depoſed from the Empire by the Princes, Dukes, and Governours of the Provinces of Germany and …ce, for that he became fooliſh and unfit to governe, being bereaved of his ſenſes; and by common conſent, …olph was elected Emperour in his ſtead; Thus 44Euagrius Eccl. hiſt. l. 5. c. 11. 13 Zonaras. Annal. Tom. 3. f. 150, 151. Eutropius l, 16. p. 211.Juſtinus the ſecond, falling into a frenſie and madneſſe, …hat he had no ſenſe nor underſtanding of any thing that was done, was removed, and Tiberius placed …he Empire; at his Coronation Juſtinus uſed this notable ſpeech; Let not the glory of theſe Imperiall …es, leade thee into errour, neither be thou de ceived with the glorious ſhew of ſuch things as are▪ ſubject unto the …s, wherewith I my ſelfe now (al…s) being ſnared, have brought my ſelfe fooliſhly into grievous torments. …refore in governing the Empire with great moderation and mildneſſe of ſpirit, redreſſe what is amiſſe, and cor… what I have leudly committed. And pointing at his ill Counſellours with his finger, he ſaid▪ **Neta.Thou … in no wiſe be ruled by theſe men, for theſe be thoſe which brought me into this lamentable plight, and the mi… thou ſeeſt me in. A memorable ſtrange ſpeech of a diſtracted Prince. And thus the Emperour 55Grimſtons Imperiall Hiſtory, p. 581, 582. Sententia Ex…ctorationis & Depoſitionis Wenceſtai, An. 14…0. in Germani. Hiſt. Tom. 2. p. 180. 181. Iean. Creſpin. L▪ eſtate de Leſgliſe p. 465.Wen…us, was likewiſe depoſed by the Princes electors of the Empire, For beſotting himſelfe ſo with pleaſures, … ▪ as that he became altogether unfit for the government, and a man unprofitable for the Empire and Chriſtian …monwealth; and Rupert Count Palatine of R…ine, and Duke of Bavaria, was elected Emperor in his ſtead. … like (no doubt) might be▪ lawfully done here in England, by the whole Kingdome and Parliament, if … ſuch caſes of incurable folly or frenzy ſhould befal any of our Kings, who might then either create a Lord …tector to governe both King or Kingdome, during ſuch diſabilities of Government in the King (as …hildricke for a time, before his depoſition, was governed and over-ruled in all thing… by the Marſhall …he Palace) or elſe Crowne the next Heire King, if he be capable to Governe. Yea, in the time of our …on Kings, when the right Heire was an In…ant, unable to governe, the Crowne uſually deſcended …he next Heire of full age▪ Hence**Speed… hiſt. p. 252, 253. 262. 364, 365▪ See Matthew Weſt. Poly…h…onicon, Floren. Wigornienſis, Holinſhed▪ Hun…ndon, and others. Wibba King of Mercia deceaſing, Penda his Sonne being an Infant, Crowne deſcended to his Nephew Ceorl of full age, after whoſe death Penda being of ripe age inheri… the Kingdome. So King Wulfeher deceaſing leaving his Sonne Kenred within age, his Brother Ethelred …eeded him; who reſigning his Crowne and turning Monke after he had Reigned 30. yeares, Kenred … of full age enjoyed the Crowne. So Ethelfred King of Northumberland dying, Edelwald his Brother …ed the Government and Reigned, Aldulfe, Ethelherds Sonne, being then a minor, who enjoyed not … Crowne till after Edelwalds death. So **Gaufredus▪ Monu. lib. 3. c. 20. Grafton p. 67.Caſſebelan ſucceeded Lud his Brother in the Kingdome of Bri…e, Luds Sonnes being too yong and inſufficient to Reigne: The like was very uſuall in Scotland, of …h there are divers precedents in Gra…ion Hector B…etius, and Buchanan, which I pretermit. All which6 Aventine l. 3. f. 293. Fri…ingenſ. l. 5. c. 13. Nauclerus vol. 3. Gen. 26.Gen 26 …iculars laid together, are a moſt cleare unanſwerable demonſtration, that the Soveraigneſt power and …iſdiction of all others, reſides in the whole Kingdome and Parliament, not in the King h…mſelfe, ſince … may thus diſpoſe of the very Crowne it ſelfe, and determine all controverſies, all titles which con…e it; The King alone having no power to transferre it to any other without the Lords and Com…s free conſents, as was reſolved in the caſe of King John, who reſigned and granted his Crowne to the …e, without the Kingdomes conſent; and therefore the reſignation and grant were adjudged voyd, not …y by the 77Gra…ton l. 1. 112.French King and his Lords, but by our owne Parliament, as you may read in 40 Ed. 3. … 8. and Doctor Craken…orpe, Of the Popes temporall Monarch…, cap. 2. p. 251. to 255. This point …ave thus copiou…ly debated, not out of any the leaſt intention to derogate from his Majeſties juſt …re…acy and P…erogatives royall, which I have of… ſolemnely ſworne to maintaine to the utmoſt of my pow… and ſhall (God willing) performe; but out of a ſerious deſire to rectifie the generall miſtakes of men, …ching a pretended Prerogative, which their fantaſies onelyonly, (not the Law) have unduely attributed to … King: and to vindica…e the juſt Liberties, Priviledges and Prerogatives of the Parliament (ſo much …yed, declaimed againſt of la…e by a company of ignorant Papiſts, Ma…ignan…s, Royaliſts, who know not …t the juriſdiction of Parl…aments is) according to the Proteſtation, the clearing of which points (in my …ke apprehenſion) is the onelyonly high and ready way to compoſe our preſent differences, and ſettle all … diſtractions, which the ignorance and miſtakes of the Kings and Parliaments juſt Preroga…ives and …ers, (next to the trecherous ma…i…e of the Papiſts) have principally raiſed among us, almoſt to the …e of the Kingdome. For my part, I profeſſe ſincerely, I love and honour both King and Parliament …, and in the controverſies now betweene them concerning their Juriſdictions, ſtand as a man indiffe… to doe right to bo…h without prejudice to either; & the King being the Principall Member of the Par…ent, the elevating of its now diſda…ned Power, to its due altitude, can be no depreſſion but advancement …e Kings prerogative, which ſhines moſt perſpicuouſly in Parliaments, whiles King and Parliament …nited, and is moſt eclipſed onelyonly when they are divided, as the precedents in all ages manifeſt. And … I dare confidently averre, that there are no ſuch enemies to the Kings Prerogative, as thoſe who ad…cing it beyond due bounds, doe neceſſarily draw it into diſpute, in which it commonly comes off with …, and diminution in the end, as in …h… late caſes of Lo…nes, Ship-mony, and the like.

p. 38If any here object againſt the premiſes, ff1 El c. 2.that the King is the onelyonly Supreme Governour of this R…a… Object.That ggLi. 1. c. 8. f. 5, 6. l 3. c 9. f. 107.Bracton, hhL. 1. c. 5. 17Fleta, and our ii3 E. 3. 19. Corone 161. 22 Anſwer. E. 3. 3. b. Dyer, 297▪ a. Stamfo. 153. a.Law bookes reſolve▪ That the King hath no Peere in his Kingdo… for ſo he ſhould loſe his Empire, ſince Peeres (or equals) have no command over one another; much more then ou… he not to have a Superiour, or mightier, for ſo he ſhould be inferiour to thoſe who are ſubject to him; and infer… ours cannot be equall to Superiours. The King ought not to be under man, but under God and the Law. If then J… ſtice be demanded of him by way of Petition, (becauſe no writ runs againſt him (though kk22 E. 3. 3. banciently ſome w… did) if he doe not juſtice, this puniſhment may be ſufficient to him, that he may expect God will revenge it. Ne… quidem de factis ſuis praeſumat diſputare, m…lto fortius contra factum ſuum venire, &c. Therefore the K… is above the Parliament, and whole Kingdome, not they above him.

I Anſwer, Firſt, that the meaning of all theſe Bookes is, that the King is above every one of his S… jects, and hath no Peere nor Superiour, if they be taken particularly and diſtributively, as ſingle m… as the words Parem, Superiorem, in the ſingular number, and the like, explaine the meaning of the Book… to be. But if we take them collectively in Parliament, as they are one body and repreſent the whole Ki… dome, then theſe very Authours reſolve (in their forequoted words) That they llBracton l. 2▪ c. 16. f. 134. …. Fleta l. 1. c. 17.are above the Ki… and may and ought to reſtraine and queſtion his actions, if there be cauſe.

Secondly, Bracton explaines himſelfe how he is higheſt and without a Peere, to wit, In mmParem autem habere non debet, nec multo for…us ſuperiorem, maxime in juſtitia exhibenda, licet in juſtitia recipienda, minimo de regno ſuo comparetur, l. 3. c. 9. f. 167 a.diſtribu… Juſtice, that is, he is the higheſt Juſticiar in the Kingdome, but as ſmall as any in receiving juſtice.

Thirdly, Even in Parliament it ſelfe the King is the Supreme Member, and in that regard the Parl… ment in moſt Acts, and in all Petitions or Addreſſes, uſually ſtiles him, nnSee Bodines Commonwealth l. 2. c 1▪ p. 192. the like of the Parliaments in France.Their Soveraigne Lord: B… ſides, the Parliament it ſelfe is ever ooSee Modus tenendi▪ Parliamentum. C…mb. Brit. p. 177. Crompt. Juriſ. of Ceurts, f. 1. to 6. Sir Tho. Smith… Common-wealth l. 2. c. 2. 3▪ Hol. Deſc…p of England▪ c. 8. Cowel & Minſh. Tit. Parl. Mr. Hack. manner of paſſing Bils ſect. 8.ſummoned, diſſolved by his w…it, in his name, by his Authority: A… in paſſing all Acts and Bils of Grace, or ſuch as are not ſimply neceſſary for the publicke ſafe…y and … li…y of his people, He hath an abſolute negative voyce, and his Royall aſſent is ſimply neceſſary for the paſſing of… binding Lawes; In which reſpects he is, and may be truely ſaid, to be above the Parliament it ſelfe, and … onelyonly ſupreme Governour; but ye… in the forenamed reſpects, the Parliament may be truely ſaid to be P… mount him and the higheſt power.

Fourthly, The Oath of Supremacy, That the King is the onelyonly Supreme Governour, relates onelyonly or p… cipally to the Popes and foraine Princes authorities, formerly uſurped in this Realme, as the Title, Wo… and ſcope of the Statute of 1. Eliz. c. 1. and the very next words in the Oath of Supremacy manif… (and that NO FORAINE Power, perſon, Prelate, State or Potentate hath or ought to have any Juriſdi… on, power, SUPERIORITY, PREHEMINENCE or Authority, Eccleſiaſticall or ſpiri… within this Realme; and therfore I do utterly renounce and forſake ALL FORAINE Juriſdictions, & … Therefore it refers not at all to Parliaments or their Juriſdiction, Power, Superiority, Preheminen… Authority; not ſo much as once thought of by the preſcribers of this Oath, which had its Authority … the Parliament, and made ſome addition to the Kings Prerogative.

Fifthly, ppCommon w. l. …. c. 9. l. 2. c. 5.Bodine and others▪ (as I ſhall hereafter manifeſt) aſſure us, that the Sovera… power, and juriſdiction both in the Roman and German Emperours, and moſt foraine Chriſtian Kingdo… was and yet is, in the Senate, people, Parliaments, and Dyets; yet this is no empeachment at all to their Supr… cies, no more then the aſſerting of generall Councels to be above Popes themſelves, by the learned… Papiſts, is … derogation (as they hold it is not) to the Popes moſt abſolute pretended Soveraignty qqSee p. 2, 3.above all Em… ours, Kings, Princes, Prelates, Subjects, a…d the world it ſelfe, of which they affirme him ſole Monarch: Th… fore by the ſelfe-ſame reaſon, this aſſerting of the whole Kingdomes, and Parliaments power to be ab… the Kings, is no diminution at all, much leſſe a denyall of his Supremacy, and juſt Prerogative R… all.

If then the Parliaments power be thus higher and greater then the Kings perſonall power and Juri… ction out of Parliament, it will neceſſarily follow from hence:

Firſt, That in theſe unhappy times of diviſion and ſeparation of the Kings perſonall preſence (not … gall which cannot be ſevered) from the Parliament: the Lords and Commons Orders, Votes, and O… nances made legally in Parliament it ſelfe, are to be preferred, obeyed by all the Kingdome, before … his Majeſti…s Proclamations, Declarations, Commiſſions Warrants, or Mandates made illegally out of … liament in affront of Both Houſes proceedings and Decrees, ſince when ever two diſ… powers command different things, that a…e lawfull, or of the ſame nature, the higher power ought … to be obeyed; As if a Maſter commands his Servant one thing, and the King another, or the King …ne … God another; the King is to be obeyed before the Maſter, becauſe the Superiou… power; but God before the K… becauſe the higheſt power, as the rrSee Gratian cauſa 11. quaeſt. 3 wher he quotes …. Hier. & Iſi…dor. to this purpoſe.Fathers and Canoniſts reſolve moſt fully.

Yea, the Parliament being the higheſt power, the King himſelfe ought to ſubmit thereto, and … ruled and adviſed thereby. This concluſion (though it may ſeeme a paradox to moſt men) is an und… table verity both in point of Divinity and Policy, as is moſt apparent, by the 1 Sa…. 14. 38. to 46. an… 29. 1. to 11. 2 Sam. 18. 2, 3, 4. c. 19. 1. to 9. 1 King. 12. 1. to 25. 1 Chron. 13. 1. to 6. 2 Chron. … and 11. c. 30. 2, 3. 5. 23. Eſther 1. 13. to 22. Jer. 38. 4. to 28. Dan. 6. 4. to 20. Jonah 3. 7. Ezra 10. …. p. 39…ccleſ. 4. 13. Prov. 11. 14. c. 15 22. c. 25 5. compared together, and with Joſh. 22. 11. to 34. Judges 20. …. to 20. and in point of Law and Conſcience, even in our owne Kings and Kingdome, as is cleare by 20 …. 3. the Preface, and c. 1. 25 E. 3. Parliament 6. the Statute againſt Proviſors, 38 E. 3. Stat. 2. c. 1, 2. 3 E. …. c. 17. and 48. and other Statutes which I ſhall hereafter cite at large in anſwer to the fourth Objection; …hich Texts and Statutes thoſe who will, may peruſe at le…ure for their better ſatisfaction. And in Pauls …me, the higheſt Powers in Rome, were not the Roman Emperours, as ignorant Doctors make the unleared world beleeve, but the Romane Senate, who had full power, not onelyonly to elect and command, but …nſure, and depoſe their Emperours, and adjudge them unto death, as **Commonw. l. 2. c. 5.John Bodin acknowledgeth, …nd I ſhall hereafter abundantly manifeſt in the Appendix.

Secondly, That the Parliaments reſiſting of the Kings perſonall Commands (eſpecially ſuch as are il…gall and deſtructive to the Kingdome) or any private Subjects reſiſting them by vertue of a publique …rdinance or Countermand from the Parliament, is no reſiſting of the higher Powers, againſt Pauls in…nction, Rom. 13. 1. to 7. (as ſſReſolution of Conſcience, ſect. 1, 2. &c. & Revindication of Pſalme, 105 15. Printed at Cambridg. 1643Doctor Fearne and other ignorant Doctors vainly fancy, but a direct …bmiſſion and obedience to the higheſt powers, (the Parliament) and thoſe who reſiſt the Parliaments …rdinances and Commands (eſpecially ſuch as tend to the preſervation of Religion, Lawes, Liberties, …iviledges of Parliament, and the Kingdome, or bringing Delinquents to condigne puniſhment) though …ey doe it by vertue of any extrajudiciall countermand from the King or his ill Counſellours, doe both … point of Law, Divinity, conſcience, reſiſt the higheſt powers, becauſe they reſiſt the Parliament; and … ſhall receive damnation to themſelves for it, either here or hereafter, if they repent not: which I ſeriouſly …ſire all thoſe Delinquents, Papiſts, Malignants, ill Counſellers and Cavaliers to conſider, who con…ary to ſeverall Orders, and Declarations of Parliament, yea contrary to the Law of God, of Nature, of the …ealme, have like unnaturall Vipers, taken up offenſive Armes againſt the Parliament and Kingdome, to …ine them, with our Religion, Lawes, and Liberties at once.

Thirdly, Hence it followes, that the Reſolutions and Declarations of the Lords and Commons in Parlia…ent, the ſupremeſt Court, againſt the Commiſſion of Array, Arming of Papiſts, raiſing of Forces, impo…g Taxes to maintaine Warre againſt the Parliament, plundering, and the like, ought to be obeyed, and ſub…itted to, as lawfull and binding, both by the King himſelfe, the Kingdome, and every private Subject …hatſoever; and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct oppo…ion and contradiction to the reſolutions and Votes of both Houſes in Parliament, ought not to be obeyed, …e King himſelfe as our Law Bookes reſolve, being no tt8 H. 4. 13. b. 24 H. 8. c. 12. 52 H. 3. c. 1. 25 H. 8. c. 21. Cookes 1 Inſtitutes on Mag. Charta, f. 103. See here p. 14. 34.competent Judge (eſpecially out of his Courts) …hat is Law or what not in thoſe Caſes, but the Parliament onelyonly. Which extrajudiciall new device of con…olling, affronting the Reſolutions and Declarations of both Houſes, by oppoſite Proclamations, and …clarations publiſhed in his Majeſties name; is ſuch a tranſcendent violation of, and contempt againſt …e knowne priviledge, the ſacred venerable Authority, and power of Parliaments, as (I am confident) … age can parallell; and if not ſeverely vindicated by exemplary puniſhments of the higheſt nature, up… thoſe ill Counſellors, and corrupt Lawyers, who contrive and pen them, will bring this Higheſt, grea…ſt and moſt honorable Court (wherein the uu31 H. 8. c. 1 1 Jac. c. 1. Dr. & Student, 44. a.Jas 1whole Kingdome and every member of it are repreſented) into …eater contempt and leſſe eſtimation with all men, (whether Natives or Forainers) then the baſeſt Court … Pipouders is. No King nor Subject ever yet attempted ſuch affronts againſt the Reſolutions of any Jud…s in inferiour Courts; Let no perſon whatſoever then preſume by pen or tongue, any longer to a… …igne or traduce the Reſolutions and Ordinances of this higheſt Tribunall. If Kings or Counſellors of …ate, willinſtruct or excite the Subjects, perempto…ily to diſobey and contemne the Ordinances, the …udgements of the Parliament, let them never expect the leaſt obedience or ſubmiſſion to any of their …wn commands, which are of leſſer credit and Authority.

Fourthly, That the Parliament and whole Kingdome, being the higheſt power, or any Member of …e Parliament, cannot by any publicke Acts or Votes of theirs conſented to in Parliament, become Tray…s, or guilty of high Treaſon, againſt the King, either by the Common Law; o… the S…atute of 25. Ed. 3.(b) page 4, 5. …. 2, of Treaſons, which running in the ſingular number; If A MAN, &c. (that is, any private man … men, by their owne private authority) ſhall levy warre againſt the King, &c. it ought to be judged high …reaſon; extends not to the whole Kingdome, or Court of Parliament repreſenting it, (of which no trea…n was ever yet preſumed, and by this very act, is made the Judge of all Treaſons that are doubtfull, being …ver yet included within the words or meaning of any Law concerning Treaſons, and therefore cannot be …ilty of it. Hence the depoſitions of aaGraf. par… 6. p. 62, 63. Galfredus, Mo…. Fabia…, Polychr. & others.Archigallo and Emcrianus, two ancient Britiſh Kings, by the unani…ous aſſent of the Lords and Commons for their rapines, oppreſſions, and Tyranny, with other forenamed Sax… Kings; and of Edward the ſecond, Richard the ſecond, Henry the ſixth, Edward the fourth, by Acts … Parliament; the creating of Richard the third, King; and the frequent tranſlations of the Crowne from …e right heire at Common Law, to others who had no good title, by the whole Kingdome or Parliament, …o leſſe then ccBracton l. 2 Glan. l. 2. f. 112 Myrror, c. 1 ſect 4. Britton c. 8. f. 16. c. 22. f. 39▪ 25. E. 3. …. 2. See. Raſtal, …rote, Sta…f. Crompt. Dalton, in their Titles & Chapters of Treaſonhigh Treaſon in private perſons) was never yet reputed, much leſſe queſtioned or adjudged …igh Treaſon in the whole Kingdome or Parliament, or any chiefe active Members in theſe Parliaments; p. 40which being above the King, are uncapable of Treaſon, for any their judiciall actions and reſolutions in ſuch caſes, being onelyonly Tortious and Erroneous, reverſible by other Acts in Parliament, not Trayterous and Rebellious, as appeares by all the forequoted Statutes; and by 13, Eliz. c. …. which makes it high Treaſon (d) page.for any perſon to affirme, That the Queene by Authority of the Parliament of England, is not able to make Lawes (e) Walſingham Holin. Graf. Sto. Speed, Martyn Fab. Polychro. in 21 R. 2. & 11 R. 2. c. 3, 4. 21 R. 2. c. 12.and Statutes of ſufficient force to alter, limit, and binde the Crowne of this Realme and the deſcent, limitation, inheritance, and government thereof.

And for direct Authorities in this very point. Robert Treſylian and Belknap (then chiefe Juſtices) Holt, Fulthorpe, and Burgh Judges, Locton Kings Sergeant, and Blake the Kings Counſell, in the Parliament o… 1… Rich. 2. were condemned, executed, and baniſhed the Realme, as guilty of high Treaſon, onelyonly for affirming under their hands and ſeales ffSee the particulars more at large in 21 R. 2 c. 12.That the Duke of Gloceſter, the Earles of Arundell aad Warwicke were, and that other Lords and Commons might be guilty of high Treaſon, for procuring a Commiſſion, and other proceedings in Parliament, and be puniſhed for it as Traytors. Which opinion of theirs, being afterwards affirmed for Law, in a packed Parliament, 21 Rich. 2. was the very next Parliament in 1 Hen. 4. c. 2, 3, 4. repealed, and the judgement given againſt thoſe Judges for this Trayterous opinion (tending to the utter ſubverſion of Parliaments) reſolved and enacted to be juſt. This ggSee 1 H. 4. c. 3. and here. p. 13.Judge hhSpee. p. 747Belknap foreſaw; and therefore was unwilling to put his Seale to this opinion; Saying: There wanted but a hurdle, a horſe, and hal… to carry him where he might ſuffer the death HE HAD DESERVED: for if I had not done this, … ſhould have dyed for it, and becauſe I have done it, I DESERVE DEATH for betraying the Lords. Which makes me wonder at a paſſage in iiHiſt. p. 675Speed (who records it) now frequent in Malignants mouthe… That the very ſhop where the Barons originall Treaſons were forged, was THE PARLIAMENT▪ HOUSE, wherein from time to time they forced on the King (Edward the ſecond) preſumptuous an… TREASONOUS ORDINATIONS, not onelyonly to reforme the Kings houſe and Counſell, and t… place, and diſplace all great Officers at their pleaſure; but even claim a joynt intereſt in the Regiment of the Kingdome, together with the King, which William Inge (a Judge of the Common Law) with other like ſticklers, tray…erouſly perſwaded them was according to Law: which groſſe ſlander of the Parliament Houſe, would have bee… capitall at leaſt in former ages, and may now indanger the heads of thoſe who ſpeake or write the ſam… of the preſent Parliament. Never did any of our Kings charge any Parliament with high Treaſon hither▪ to; much leſſe indict or wage warre againſt the Parliaments, as Traytors, which queſtioned or depoſe… them for offences againſt the Kingdome: Let none then dare affirme, that the Houſes of Parliament are, or can be Traytors now, for providing for their owne and the Kingdomes ſafety.

Fifthly, That to conſpire or levy warre againſt the Parliament, or Kingdome, to diſſolve, or deſtroy it, or the Members of it, is no leſſe then High Treaſon; as hath beene ſolemnely adjudged in Parliament 15 E. 2. in the Act entituled, Exilium Hugonis le de Spenſer, in 11 Rich. 2. c. 2, 3, 4. and in the Parliament Roll, Printed by Order of both Houſes, Auguſt 27. 1642. And before both theſe, in kkLib. 14. ſect. 112. Stamf. l. 1. c. 2. f. 1. b. and Cromptons Ju…iſdict. f. 73.Glanvil; who declares it to be Treaſon, even at the Common Law, Si quis machinatus fuerit vel aliquid fecerit in SEDITIONEM REGNI: agreeable to llInſtit. l. ult. Tit. 8.Vlpian, and the mmTit. 3.Titus 3Saxon Lawes, which informe … of Treaſons againſt the Common-wealth and Kingdome, (the caſe of nnCice…o Orat. in Catil.Cateline and ooLiv. hiſt. l. 23. ſect. 17.others) as well as againſt the King; and to the Statute of 13 Eliz. c. …. which makes it High Treaſon for any perſon to ſtirr… up a…y Forainers or ſtrangers with force to invade this Realme, or Ireland. And if it be no leſſe then high Treaſon againſt the King to ſlay the Chancellour, Treaſurer or any of the Judges, or Juſtice… of either Bench, Eyer, Aſſiz… or Oyer and Terminer, being in their places doing their Offices (though by the Kings command; as is cleare by 25. E. 3. c. 2. and all our Law Bookes;) then much more muſt it be high Treaſon againſt the King and Kingdome, to warre againſt the higheſt Court of Parliament, or ſlay any member of it, for doing thei… Offices and executing the Houſes juſt Commands, as I ſhall in due place more fully manifeſt.

In briefe, the Gun powder plot in 3 Jacobi to blow up the Parliament Houſe, was then adjudged, reſolved by the Parliament, **3 Jac. c. 1, 2. 4, 5. & in his Proclamations for apprehending thoſe Traytors. The proceedings againſt Traytors, Spee. hiſt. p. 1248. to 1257.Jas 1:2Jas 1:4Jas 1:5King and Judges, to be high Treaſon, not onelyonly againſt the King, but Parliamen… and Kingdome too: and to blow up, or aſſault the Parliament now, in the Kings abſence, is queſtion le… high Treaſon, both againſt the King, Parliament and Kingdome. Yea, the ſtatute of 28. H. 8. c. 7. declares thoſe, Who ſhall claime the Crowne even of right, in any other manner then it limited by vertue and authority of that act, after the Kings death; with all their Counſellors, and abettors, to be deemed and adjudged HIG… TRAITORS TO THE REALME, (not the King) and ſuch their offence to be rep… ted HIGH TREASON; and they for it, to ſuffer ſuch paines of death, and forfeiture of Lands an… Goods, as in any caſes of high Treaſon is uſed; And I read in **Par. 7. p. 186.Fabian, that Eguiran chiefe Counſellor to Philip the third of France, was judged to death and hanged on the Gibbet at Paris, for Treaſon againſt King Philip and the REALME OF FRANCE, as our powder Traytors were executed for high Treaſon againſt the King and Realme of England.

And by the Statutes of 5. R. 2. c. 6. II R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. S…a▪ 2. c. 6. & 1. Mariae c. 6. certaine offences are declared and made high treaſon and the committers of the… Trayters and enemies, not onelyonly, to, and againſt the King, but likewiſe TO AND AGAINST TH… p. 41REALME: and in particular; the illegall indicting of ſome Lords to deſtroy them, as guilty of High Treaſon, for procuring a Commiſſion in Parliament ſuppoſed prejudiciall to the King and his Crowne, 10 R. 2. c. I. and the oppoſing and annulling of that Commiſſion, and of ſome Proceſſe, Judgements, Executions, made, given, and affirmed in ſome of thoſe Parliaments, raiſing forces, and le…ying warre againſt the Parliament, and Members of it to deſtroy them, were then **See Walſingh. Holinſhed, Fabian, Grafton, Stow, Speed, in 10. & 11. R. 2. 21. R. 2. c. 12.adjudged High Treaſon both againſt the King, and THE REALME (though done by the Kings expreſſe Commiſſion and command:) The reaſon is, becauſe the King in judgement of Law, **See here p. 20, 21. 22.is ever legally preſent in and with his Parliament when they ſit, (as I have already proved) where ever his perſon is; and his royall legall will (of which alone the Law takes notice) is ever preſumed to concurre with his greateſt Councell the Parliament, againſt whoſe Priviledges, ſafety and protection he neither can nor ought by Law or right to attempt any thing; and if any perſonall Commands, or Commiſſions of the King, under his great Seale, to doe ought againſt Magna Charta, the Subjects liberty, ſafety, property, the Parliaments Priviledges, the Common or Statute Lawes of the Realme (all which expreſſely prohibit the levying of warre, killing, wounding, murthering, impriſ…ning, diſin…e…i…ing, robbing, or plundering of the Subjects, without legall triall or conviction, as d…e the Statutes of 2 R. 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which preſcribe exemplary puniſhments againſt ſuch Plunderers and Robbers, eſpecially the Welſhmen) iſſue out to any perſon or perſons whatſoever, eſpecially to raiſe forces on levie warre againſt the Parliament or Subjects, they are meerely void in Law, and will rather aggravate then extenuate the guilt of thoſe who obey or execute them: as is clearely reſolved, not onelyonly by 42. Aſſ. p. 5. 12. Brooke Commiſſions: 15. 16. Cooke b. 5. f. 50. 51. l. 7. f. 36. 37. l. 8. f. 125. to 129. but likewiſe expreſſely adjudged and enacted by the Statutes of 15. E. 3. Stat. 1. c. 1. 3. 42. E. 3. c. 1. 3. 11. R. 2. c. 1. to 6. 21. Jac. c. 3. the Petition of Right, 3. Caroli. 28. E. 2. Artic▪ ſuper▪ Chartas c. 2. 4. E. 3. c. 4. 5. E. 3. c. 2. 25. E. 3. c. 1. 15. 34. E. 3. c. 2. and generally byall Statutes concerning **See Raſtals abridgement, Tit. Purveyors.Purveyors, by the memorable old Statute of 25. E. 3. Stat. 1. c. 3. If any Miniſter of the King, or any other perſon of what condition ſoever he be, doe or come againſt any point of the great Charter, or other Statutes, or the Lawes of the Land, he ſhall anſwer to the Parliament, as well as the SUTE OF THE KING, as at the ſute of the party, AS FARRE FORTH WHERE …T WAS DONE BY COMMISSION OR COMMANDEMENT OF THE KING, as of his owne authority: And by that parallel good Law recorded by **Part. 7 p. 376Fabian, made in Parliament in the firſt yeare of King Henry the fourth; That no Lord, nor other perſon of n… degree, ſhould after that day lay for his excuſe (as ſome then did) any conſtraint or coacting of his Prince in executing of any wrong judgement, or other criminous or unlawfull deeds, ſaying; that for feare they durſt not otherwiſe doe; for ſuch excuſe after this day. SHALL STAND HIM IN NO STEED. And in this Parliament, **Fabian. part. 7. p. 342. 375. Hals Chron. 1. H. 4. f. 10. Grafton, p. 408. Walſingham. Hiſt. p. 393. 402.Hall was judged to be drawne from the Tower of London unto Tiburne, and there to be hanged and quartered (which was accordingly executed) only becauſe he was one of thoſe who ſecretly mur… ered the Duke of Gloceſter at Calice (illegally attainted of Treaſon in the Parliament of 21. R. 2. without due proceſſe of the Law, by King Richard the ſecond his command:) and likewiſe the Dukes of Aumarl, Surrey, Exeter, with other Noble men were deprived of their Dukedomes, of moſt of their Lands, Caſtles, Honors, for having a finger in this Dukes ſuff…cation and death by King Richards inſtigation and command, (and had loſt their heads too if the common peopte had beene their Judges, who murmured againſt King Henry for ſparing their lives) as you may read in **Hiſtor. p. 402. 403. Speed. p. 763.Walſingham and Speed: All which I would adviſe his Majeſties Captain…s, Cavalliers, and ill Counſellors to conſider. The rather, becauſe all levying of warre either againſt the King, or againſt the Kingdome and Parliament, (now made a matter of high Treaſon on both ſides) muſt and ought to be determined and reſol…ed, which of them is high Treaſon and which not, and the parties guilty of it, muſt and ought to be tried arraigned, judged, and condemned for it onelyonly in and by the Parliament, and in and by no other Court or Judges, as is punctually reſolved by the ſeverall Statutes of 11. R. 2. c. 1. 2. 3. 4. 21. R. 2. c. 2. 3. 4. 1 2. 20. 1. H. 4. c. 10. and the very words of the Statute of 25 E. 3. c. 2. of Treaſons, eſpecially being a new caſe. If then the Parliament are, and muſt be the onelyonly judges of this queſtion, Which of the two parties now …n Armes are Traytors? and the onelyonly Court wherein all muſt be tried on this point, they may eaſily judge who are and muſt be the Traytors in this caſe; and thoſe who by the Kings meere perſonall command and preſence (whom they have treacheron…ly withdrawne from his Parliament) fight now both againſt Parliament and King in his legall and regall capacity, when the time of triall comes, will be found reall Traytors both to King and Kingdome, what ever their owne ignorance, temporiſing Lawyers, or hopes of prevailing may now ſuggeſt unto them. In the Parliament of 15. Edward 2. the two Spenſers were by … **Exiſium Hugonis le Deſpenſor, f. 50. 52.ſpeciall Act of Parliament adjudged Traytors, baniſhed, and their lands and goods confiſcated, for miſcoun…elling their King, and adviſing him to ride with armed Troopes of horſes and men into Gloceſterſhire to aſſault the good people there, and to levy warre within the Realme to the deſtruction of the Church and people, contrary to the forme of the great Charter, and breach of the peace of the Realme: What ſevere judgement then may thoſe ill Counſellors and Cavalliers deſerve, who have actually levied warre, not onelyonly againſt the Coun…y of Gloceſter, (which they have pitifully harrowed and ſpoyled, contrary to all Law, ſacked ppSee the Relation takin… ceſt.Ciceſter …o its utter ruine, and led away the good people thence Captives to Oxford in triumph, for the moſt part p. 42barefooted, through dirt and mire, in this cold Winter Seaſon, chained together in ropes, more like to Turkiſh-Gally-ſlaves then Engliſh Chriſtian Subjects; onelyonly for this new kinde of ſuppoſed Treaſon and Rebellion, the defence of their Liberties, lives, and goods, againſt theeving Cavalliers, (which they may defend by Law, **Fitz. Corone, 192. 194. 246. 258. 261. 330. Stamford. f. 11, 12, 13. 22 H. 7. 39, 24 H. 8. c. 5. Cooke I. 5. f. 51, 52, 53.and juſtifie the killing of all thoſe who ſhall violently aſſault them to rob them of them) denying them ſo much as a draught of cold water to quench their thirſt by the way, and keeping off all wh… would give it to them, many of them being ſince dead at Oxford of ſamine and more then barbarous uſage, … but likewiſe againſt moſt Counties of England, (miſerably waſted by them) and the whole Kingdome Parliament, and King himſelfe in his politicke Capacity; and raiſed an Army of Papiſts againſt expreſ… late Acts of Parliament; who not onelyonly now ſet up their long exploded Maſſe openly in Yorkeſhire, Reading, and other places, but (which my very ſoule abhorres to thinke of) have even freſhly mo… impiouſly, Shit upon the Engliſh Bible in folio, defaced and burnt many Teſtaments, and godly Engliſh Book… in John Hamonds houſe (a Bookeſeller) in Marleborough, when they ſacked it, in contempt of our Religion; ſetting the chimney on fire with their exceſſive flames; and if reports be credible, have ſince bu… ned divers Engliſh Bibles and other good Bookes in the publicke Market place at Reading, under the very Gallowes, in deteſtation of our Proteſtant faith, whoſe utter extirpation is their chiefe deſigne. Certainly, if theſe ill Councellors once come to a legall triall, a Gallowes will be too milde a puniſhment, to expiate ſuch a prodigious high Treaſon, which former ages can hardly parallell, eſpecially if they perſever… therein. But of this more fully hereafter.

Sixthly, Hence likewiſe it neceſſarily followes, that the Houſes of Parliament being the Soveraigne Power, ought of right to enjoy, and may when they ſee juſt cauſe for the Kingdomes ſafety and benefi… order and diſpoſe the Militia, Navy, Ports, Forts, and Ammunition of the Realme, into ſuch perſon… cuſtodies as they may ſafely confide in; nominate both the great Counſellors, publique Officers, an… Judges of the Kingdome; of right require, (if not enforce, if wilfully denyed) the Kings Aſſent to all publicke Bils of Right and Juſtice, neceſſary for the Commonweale and ſafety of his Subjects; tak… up defenſive Armes to protect their Priviledges, Lawes, Liberties, and eſtabliſhed Religion, not onelyonly againſt Malignants and Popiſh Recuſants, but the King himſelfe, if he raiſe Forces againſt them; yea impoſe taxes upon the Subject, and diſtraine, impriſon, ſecure them for the publicke defence and ſafety when they deeme it neceſſary. All which particulars I ſhall (God willing) fully prove by ſuch Demonſtrations; Arguments, punctuall Authorities, and undeniable precedents in former ages, as ſhall I tro… undeceive the blinded world, and convince, if not ſatisfie the greateſt Royalliſts, and Malignants, both in point of Law and Conſcience, in the next part of this Diſcourſe, which ſhall paſſe the Preſſe with a… convenient expedition, if God permit.

Finis partis Primae.