THE SUPREMACY DEBATED: OR, The Authority of Parliaments (formerly owned by Romish Clergy) to be the Supremest Power. IN case the Owning of the Authority of a Parliament to be the supremest Power in a Kingdom be traitorous or heretical amongst Papists, Rome's own Church was the first Founder of this Doctrine, and frequently practised the same, both before, and until the Reformation of Religion within this Realm: For Henry de Bracton, one of their famous Lawyers of this Nation, who flourished Anno 1260. in the Reign of King Henry III. resolves thus: The King hath a Superior, to wit, God; also the Law, by which he is made a King; II. Bracton his Words touching the Supreme Power. likewise his Court, namely, the Earls and Barons; because they are called Comites, as being the King's Fellows (or Companions:) And he who hath a Fellow (or Associate) hath a Master. And therefore, if the King shall be without a Bridle, that is, without Law, they ought to impose a Bridle on him, unless they themselves, with the King, shall be without Bridle; and then the Subject shall cry out, and say, O Lord Jesus Christ, do thou bind their Jaws with Bit and Bridle, etc. Here is a true Resolution, that the Law, with the Earls and Barons assembled in Parliament, are above the King, and aught to bridle him when he exorbitates from the Law; which this famous Lawyer also seconds, in some sort, lib. 3. cap. 9 fol. 107. This Law was so authentic in those Days, and in After-Ages, that in their great Council of Basil. Anno 1431. when this mighty Question was debated, whether a Pope were above a General Council, or a Council above him; at last it was resolved, such a Council was above the Pope; upon this Reason, among others, The Pope is in the Church, as a King in his Kingdom; The Reason that was given at the Council of Basil, for a General Council to be above the Pope, serveth for a Parliament to be above a King. and for a King to be of more Authority than his Kingdom, it were too absurd: Ergo, Neither aught the Pope to be above the Church. In every well ordered Kingdom it ought especially to be desired, that the whole Realm should be of more Authority than the King; which, if it happened contrary, were not to be called a Kingdom, but a Tyranny. And like as oftentimes Kings which do wickedly govern the Commonwealth, and express Cruelty, are deprived of their Kingdoms; even so it is not to be doubted, but that the Bishop of Rome may be deposed by the Church; that is to say, by the General Council. At the Beginning (as Cicero, in his Offices, saith) it is certain, there was a Time when as the People lived without Kings: But afterwards, when Lands and Possessions began to be divided, according to the custom of every Nation, than were Kings ordained, for no other Causes, but only to execute Justice; for when, at the Beginning, the Common People were oppressed by rich and mighty Men, they ran by and by to some virtuous and good Man, which should defend the Poor from Injury, and ordain Laws whereby the Rich and Poor might dwell together. But when as yet, under the Rule of Kings, the Poor were oftentimes oppressed, Laws were ordained and instituted; the which should judge, neither for Hatred, nor Favour; and give like Ear to the Poor, as Rich: Whereby we understand and know, not only the People, but also the King to be subject to the Law; for if we do see a King to contemn and despise the Laws, violently rob and spoil his Subjects, destowr Virgins, ravish Matrons, and do all things licentiously and temeriously; do not the Nobles of the Kingdom assemble together, deposing him from his Kingdom, set up another in his place, which shall swear to rule and govern uprightly, and be obedient unto the Laws? Verily, As Reason doth persuade, even so doth the Use thereof also teach us. It seemeth also agreeable unto Reason, that the same should be done in the Church, that is in the Council; which is done in any Kingdom. And so is this sufficiently apparent, that the Pope is subject unto the Council. Thus the Bishop of Burgen, Ambassador of Spain, the Abbot of Scotland, and Thomas de Carcellis, a famous Divine, reasoned in this Council, which voted with them. Here you have a full Resolution of this great Council (which the Papists call a General One, being approved of by the Grecian and Roman Emperors, and most Christian Kings and States, and our King amongst others) That the Kingdom, in Parliament assembled, is above the King, as a General Council is paramount the Pope; which Aeneas Silvius (who afterwards became Pope) and Surius (one of Rome's Jesuits) do manifest by these five Reasons. First, Because Kings were first created and instituted by their Kingdoms and People; Five Reasons showing a Parliament to be above a King. not their Kingdoms and People by them. Secondly, Because they were ordained only for Kingdoms and People's Service and Welfare, not their Kingdoms and People for them. Thirdly, Because their Kingdoms and People, as they at first created, so they still limit and confirm their Royal Jurisdiction by Laws; to which they are, and aught to be subject. Fourthly, Because they oblige them by solemn Oath to rule accordingly, and to be obedient unto the Laws. Lastly, Because they have power to depose their Kings, in case they contemn the Laws, and violently rob and spoil their Subjects. Now it is to be wondered why Papists will blame Protestant's to defend their Laws and Liberties, this being their own Doctrine, concerning the Power, Superiority and Privilege of Parliaments, Peers and Kingdoms over their Kings; they having lest ground, of all others, to tax our Lords and Commons with Usurpation upon the Crown, it having been the ancient Course of this Kingdom, to examine the Acts of their Kings and Princes, whether they ruled according to the Laws established, or no. For instance-sake, Kings before the Conquest deposed for irregular Government. we shall give you a short Touch, Anno 454. King Vortigern, when he had reigned six Years, for his Negligence, and evil Government (for which Wostine, than Archbishop of London, told him, he had endangered both his Soul and Crown) was deposed from his Crown by his Subjects (the Britain's) general Consent, imprisoned; and his Son Vortimer chosen, and crowned King in his stead: After whose untimely Death (being poisoned by Rovena) Vortigern was again restored by them to the Crown; yet, at last, for his notorious Sins, by the just, revenging Hand of God, consumed to Ashes by Fire, kindled by Augelius and Uter, as Heaven's Ministers to execute its Wrath. Sigibert King of the Westsaxons, setting aside all Laws, and Rules of true Piety, wallowing in all sensual Pleasures, using Exactions and Cruelties upon his Subjects, and slaying the Earl Cumbra, his faithful Counsellor, for admonishing him friendly of his vicious Life; the Peers and Commons thereupon, seeing their State and Lives in danger, and the Laws broken by him, assembled and risen up in Arms against him, and deposed him; who after died in a Wood, where he fled, being slain by his Swine Herd: So Kenwolfe was made King in his stead, Anno 756. Ofred King of Northumberland, for his evil Government, was expelled by his Subjects, and deprived of all Kingly Authority, in the Year 789. So Ethelred (the Son of Molo) his next Successor, being revoked from Exile, and restored to the Crown, of which he was formerly deprived; thereupon murdering divers of his Nobles and Subjects, to secure his Crown, did so offend his Subjects thereby, that in the Year 794. they risen up in Arms against him, and slew him at Cobre. Ceolwolfe King of Merica, Anno 820. (after one Year's Reign) was, for his Misgovernment, expulsed by his People; abandoning his Crown and Country, for the safety of his Life. The Crown of England hath oftentimes been settled upon those, who were not next Heirs to it: Witness the Electing and Crowning of Edward, who was illegitimate; and putting by Ethelred, the right Heir, after Edgar's Decease, Anno 975. The Electing and Crowning of Canutus, a mere Foreigner, in opposition to Edward, the right Heir to King Ethelred, Anno 1016. Also the Electing of Harold and Hardiknute, both elected and crowned Kings successively, without Title; Edmond and Alfred, the right Heirs, being dispossessed; the latter imprisoned, and tormented to death, An. 1036. & 1040. yet after Hardiknute's Decease, Edward (surnamed the Confessor) was chosen King by Consent of Parliament; and the English Nobility, upon the Death of King Harold, enacted, that none of the Danish Blood should any more reign over them. After this King's Death, Edgar Etheling, who had the best Title, was rejected, and Harold elected and crowned King. So, Kings after the Conquest not successively succeeding. after William the Conqueror's Decease, Anno 1087. Robert, the elder Brother, was put aside, and William Rufus elected and crowned. After whose Death, Henry I. his younger Brother (though not next Heir) was elected King by the Clergy, Nobles and Commons (who refused to admit of any King, but with Capitulations and Caveats to their own liking) upon fair Promises for reforming bad and rigorous Laws, Remission of Taxes exacted on the Subjects, and Punishments of the chief Causers of them; and a solemn Oath to frame good Laws, and ratify St. Edward's Laws: All which he really performed. So, after the Death of Richard I John Earl of Morton was elected and crowned King, his Nephew Arthur, the right Heir, disinherited. He dying, his Son Henry III was elected and crowned, and Lewis (made King in his Father's Life by the Barons) removed. Edward II. King Edw. II. deposed. their natural King of England, was deposed by Bishops, Peers and Commons in Parliament, Anno 1327. King Richard II. King Rich. II. deposed. for sundry Misdemeanours objected against him in Parliament, and for the Breach of his Coronation-Oath, was deposed by Parliament, and Henry iv placed in his stead, Anno 1392. Henry VI King, Queen, and Prince of Wales put aside by Parliament. Queen Margaret, and Prince Edward their Son, were by a Parliament put by, and Edward iv made King: After which, King Henry was by another Parliament recrowned, and reestablished in his Kingdom, and Edward iv declared a Traitor: But Edward (not long after) taking King Henry Prisoner, caused him to be murdered in the Tower. Another Parliament, Anno 1472. abrogated King Henry's Laws, and reestablished King Edward. All which have Parliaments (before the Reformation in this Kingdom) done, none daring to question their Authority, but complying with them. By W. R. Gent. With Allowance. LONDON, Printed for William Miller, at the Gilded Acron in St. Paul's Churchyard, 1689. Where Gentlemen, and others, may be furnished with most sorts of Acts of Parliament, and other State-Matters: As also Books of Divinity, Church-Government, and Sermons on most Occasions, etc.