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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91303	The treachery and disloyalty of papists to their soveraignes, in doctrine and practise. Together with an exact parallel of the jurisdiction, power, and priviledges claimed and exercised by our popish Parliaments, prelates, Lords and Commons in former times, with those now claimed and practised by the present Parliament, Lords and Commons, which are here manifested to be farre more loyall, dutifull, moderate; more consistent with, lesse invasive on, and destructive to the Kings pretended soveraigne power and prerogative, then those of popish parliaments, and subjects. Wherein likewise the traiterous, antimonarchicall doctrines, practises and attempts of papists upon their soveraignes prerogatives, crownes, persons, with the dangerous consequences, effects, and designes, of their present illegall arming, and accesse to the Kings Army, and person by meanes of evill counsellours, are briefely discovered; ... It is ordered by the Committee for Printing that this treatise be forthwith printed and published, by Michael Sparke, senior. Januar. 13. 1642. John White.; Soveraigne power of parliaments and kingdomes. Part 1	Prynne, William, 1600-1669.; England and Wales. Parliament.	1643 (1643)	Wing P4108; Thomason E248_1; ESTC R203188	101,087	43

a Seneca 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 b Polit. 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. more 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 onely 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 d Lib. 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 e See 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 f See 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 onely 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 h See 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 i Psal 82. 1 2. Exod. 22. 2● John 10. 34. Gods k Rom. 13. 1 2 3 4. Ordained of God Gods Ministers To l Prov. 8. 15. decree 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 onely 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 onely without but against the Kings consent witnesse the proceedings in Parliament against m Hoveden 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 misd●meanours and oppressions n Walsingh 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

7. 17. 3. 4. E. 6. c. 11. 12. 1. Eliz. 1. 2. with sundry more Now ● Lib. 1. c. 8. l. 3. c. 9. f. 107. r polit l. 3. c. 1● 11. 12. that Parlimentary power which onely can create and conferre on Kings a greater regall Authority and Prerogative then they had before must needs be the Originall and supreame authoritie for as we rightly argue m See 1 Eliz. c. 1. Rastal T it Sewers or Commissioners Rastall Tit. Iustices c. that the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice because their power is by Patent or Commission derived from his So we may from the selfe-same reason conclude that the High Court of Parliaments power the representative body of the whole kingdome is the most primitive soveraigne and greatest authoritie of all other yea larger and higher than the kings n Qui●quid ●fficit tale est magis tale nemo potest dare quod non habet are true in this case because it onely can enlarge the Kings prerogative whose originall or additionall Royalties proceede not from the king himselfe or his Ancestors owne inherent hereditary power for what king could justly without his peoples consents usurpe a Crowne or lawfull royall Prerogative to himselfe over an whole Countrey but meerely from the voluntary consent and grant of his people in the Parliament This is irrefragably evident not onely by the various o See Alex. ab Alexandro ● 3. c. 2. Facile perspici potest regni multa esse genera nec eandemimperii formam in omnibus esse regibus Regalis potentiae gen●ra numero sunt quatuo● Aristot Polit. l. 3. c. 10. 11. See Dan. c. 8. 11. kinds of kings whereof some are of greater power and authority others of lesse some by Election others by succession by reason of their Subjects originall institution by the diverse alterations of the Monarchy in this kingdome which hath beene sometimes divided into 7. sometimes into 5. sometimes into 3. or two kingdomes and at last reduced unto one by the great changes and alterations made in all forraigne Realmes which have sometimes multiplied sometimes diminished the number and power of their Princes and sometimes quite abolished the royall forme of Government changing it into an Aristocraticall or popular rule by the divine Authority of S. Peter who in this regard calls Kings and their Supremacy a r 1 Pet. 2. 13 14. Alex ab Alexandro Gen. Dier●m l. 3 c. 3. l. 4. c. 23. humane creature or Ordinance of man because instituted limited and moulded into severall degrees of power by men over whom they r●igne● by two expresse determinations of Aristotle in these termes s Politicorum l. 3. c 10. p. 209 2●0 Regna patriis moribus legibus FVNDATA CONFIRMATASVNT And t Ibid l. 5 c ●3 p. 367. Verum Regnum est imperium majoribus praestantioribus viris VOLVNTAT ● CIVIVM DELATVM seconded by v De Officiis l. 2. Caeli●● Rhodi Antiq. Lect l 8. c. 1 Alexander ab Alexandro Gen. Dierum l. 4. ● 23. Livie Hist Rom. l. 1. Sect. 17. p. 14. 15. l. 4 p. 144. 145. Pl●●archi Num●●ompilius Tully Livie and others but likewise by Andrew Horne an eminent Lawyer in Edward the 1. his raigne in his Myrro●r of Justices Chap. 1. Sect. 2. p. 7. 8. 9. where he thus writes of the originall institution of our English Monarches After that God had abated the Nobility of the Britans who rather used force then right he delivered it to the most humble and simple of all the neighbour Nations the Saxons who came from Germany to conquer it of which Nation there have beene 40. Kings all which held themselves to have COMPANIONS These Princes called this Land England which before was named Greater Britain These after great warres elected from among them a King to Raigne over them to governe the people of God and to maintaine and defend their persons and goods in peace by the Rules of Law or Right And at the beginning they caused the King to sweare that he will maintaine the holy Christian faith to the utmost of his power and guide his people by p See Mathew Paris Speed Holinshed Grafton and others Law without respect to any person and shall be obedient to suffer or undergoe Law as well as others of his people And afterwards this Realme was turned to an heritage according to the number of his Companions who divided the Realme into 38. Counties and delivered each one a County to keepe and defend from Enemies according to every ones estate And although the King ought to have no P●●res in the Land yet because if the King of his owne wrong should offend against any of his people neither he nor any his Commissaries can be both Iudge and Party OF RIGHT IT BEHOVES that the King should have q Livie Hist Rom. l. 1. Arist Polit. l. 2. c. 8. Goodwins Rom. A●tiq COMPANIONS for to heare and determine in Parliaments all the Writs and Plaints of the wrongs of the King the Queene and their children and of those especially of whose wrongs they could no● otherwise have common right These Companions are now called Counts after the Latine Comites and so at this day these Countries are called Counties and in Latine Comitatus c. Henry de Bracton who writ in Henry the 3. his raigne as in his forecited Passages so in others resolves x Lib. 1. c 8. f. 5. lib. 3. c 9 f 07. That the King is under the Law because the Law makes him a King by giving him dominion and power Now how doth the Law thus make him a k●ng but by the Parliament the kingdomes great Counsel by whose counsell and consent alone all Lawes were first enacted and yet are as the y Hujusmodi leges Anglicanae cum ●uer●m approbatae Sacramento Regis confirmatae mutari non poterunt c. Idem l. ● c. 2 f. 1. 6. same Author informes us who further addes That the King ought to be under the Law because Christ whose Vicar he is on Earth when he came to redeeme mankinde made choyse of this way especially to destroy the workes of the Devill using not the strength of his power but the reason of his iustice and so would be z Gal. 4. 4. ● under the Law that he might redeeme those that are under the Law Thus the Virgin Mary the mother of our Lord who by singular priviledge was above the Law yet to shew an example of humilitie refused not to be a subiect to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater then he in the Kingdome in the exhibition of Iustices yet he OVGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING IVDGMENT if he require it b ●ract ●●● 3. c. 9. f. 107. lib. 1. c. 8. f. 5. l.

2. c. 16. f. 24. That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a king cannot doe any thing else in earth seeing be is Gods Minister and Vicar ni●●id solum quod de jure a Luk. 2. 22. 23. 24. ●otest but that onely which he can doe by Law That God the Law and his Court to wit the Earles ●nd Barons in Parliament are above the King and ought to bridle him and are thence called c Comites vi● quia a Comitatu ●ive a societate nomen sumpserunt qui etiam dic● possunt Consules a consulendo Reges enim tales si●● associant ad consulendum regendum populum Dei. ordina●tes eos in magna potestate honore nomine c. Idem l. ● c. 8. f. 5. 6. Co●ites because they are the Kings Companions Fleta an Ancient Law-booke written in King Edward ●he third his raigne lib. 3. c. 3. and 17. useth the selfe same words that Bracton doth and concludes ●hat the King hath a Superior to wit God and the Law by which be is made a Ki●g and his Court of Earles ●nd Barons to wit the Parliament d De Laudibus Legum Argliae c. 9. to 15. Fortescue a great Lawyer Chauncellor to King Henry the 6. ●roves at large That the King is not above but under the Law that be cannot alter the Law of Ergland ●or ●ay any Taxes at all on his Subiects but by Parliament That all lawfull Kings and Kingdomes were at ●●rst created and erected onely by the unanimous free assent of the people that the kingdome of England is a Po●cie or Aristocraticall mixt Government not an absolute royall Soveraignety That the e Hanc potestatem â pop●lo effluxam ipse habet c. p. 25. King hath his ●●yall power DERIVED TO HIM FROM THE PEOPLE whereby it is unlawfull for him to ●le his people by any other power which he prosecutes in sundry chapters too tedious to transcribe ●nd in one word f Chap. 8. vol. ● pag. 173. Raphael Holinshed Iohn Vowell and others in their Description of England ●rinted Cum Privilegio resolve thus of the Parliaments power This House hath the most high and ●bsolute power of the Realme for thereby kings and mighty Princes have from time to time beene ●eposed from their thrones and Lawes are enacted and abrogated Offenders of all sorts punished and cor●pted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE ●EALME and the place where every particular man is intended to be present if not by himselfe yet by ●s Advocate and Attorney For this cause any thing that is there enacted is not to be withstood but obeyed ●● all men without contradiction or grudge and to be short all that ever the people of Rome might doe ei●●er Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their assemblies had power to enact binding Lawes to create and elect ●●eir Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes ●● Officers and to * See Bodine l. 2. c 5. l. ● c. 10 Eutropius and Grimston in the life of Nero Maximinius Heliogabalits and others Livy Rom. Hist l. 1. ●● change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authors resolution the Parliament hath an absolute power to doe the like when ●hey see just cause Sir Thomas Smith one of the Principall Secretaries of State to King Edward the 6. ●nd Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but ●● in the last Edition hath the same words in effect with Holinshead and addes that the Parliament gi●eth forme of Succession to the Crowne c. Our kings royall power being then originally derived to ●hem conferred on them by the peoples and kingdomes common consents in Parliament and all their ●ew additionall Prerogatives too as the premises evidence it cannot be denied but that the whole ●ingdome and Parliament are really in this sence above him and the most Soveraigne prime power ●●om whence all other powers were and are derived See Fortescue c. 9. to 15. Fourthly This is undeniable because the whole kingdome in Parliament may not onely aug●ent but likewise * abridge allay abolish and resume some branches of the Kings royall power and ●●erogative if there be just cause as when it becomes onorous mischievous and dangerous to the Sub●ects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or ●he Lawes this is most apparant by Magna Charta Charta de Forresta Statutum de Prerogativa Regis De Tall●gio non-concedendo 1. E. 3. c. 6 7. 2. E. 3. c. 2. 8. 3. E. 1. c. 35. 9. E. 3. c. 12. 5. E 3. c. ● 10. E. 3. c. 2. 3 14. E 3. c. 1. 14. 18. E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36. E. 3 c. 10. ● 7. E. 3. c. 18. 42. E. 3. c. 3. 10. R. 2. c. ● 11. R. 2. c. 1. to 7. 1. R. 3. c. 2. 4. H. 4. c 13. 21. Jac. c. 2. 3. 24. 7. H. 8 c. 3 ●he Petition of Right 3. Caroli most Statuts against Purveyens Pardons Protections the Acts made this Parliament against Ship-money Knight-hood Forrest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the Continuance of this Parliament whiles they please with g See the Arguments against Ship-money and Impositions and the Declarations against the Commission of Aray sun●ry other Acts which restraine abridge repeale and resume divers reall and pretended branches of the ●ings royall Prerogative because they proved grievous and mischievous to the people and dangeous and pernicious to the kingdome This then answers that irrationall groundlesse position of Doctor Ferne That h Resolving of Conscience Sect 4. 5. the Subjects neither lawfully may nor ought in any case to resume al or any part of that Regall power wherewith they have once invested their Kings by common consent Which as it is contrary ●o that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That ●ll Governments created by mens consents may be altered diminished or repealed by their consents ●● i See Ioshua Iudges Samuel Kings Chron. Daniel throughout ●saiah Ieremy Ezickiel in sundry chap. sundry Presidents and Prophesies in Scripture concerning the alterations the Subversions and Dimi●utions of kings and kingdomes to the constant practise of k See Sleidan de 4. or Imperiis Mat. West Livy Iustin Opmerus Purchas Chronicon ●hronicorum and all generall Histories all Realmes and States whatsoever from ●dam till this instant who have undergone many strange alteratians eclipses diminutions yea Pe●●ods of Government to the Resolution of l Polit. l.

That they l Bracton 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 m Parem 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 n See 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 o See 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 ●● onely 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 onely Supreme Governour relates onely 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 p Common 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 q See 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 r See 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. ● ●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 onely 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 ſ Resolution of Conscience sect 1 2. c. Revindication of Psalme 105 15. Printed at Cambridg 1643 Doctor 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 t 8 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 onely 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 u 31 H. 8. c. 1 1 Jac. c. 1. Dr. Student 44. a. whole 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 a Graf 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 c Bracton 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 Treason high 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 which being above the King are uncapable of Treason for any their judiciall actions and resolutions in such cases being onely 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 onely for affirming under their hands and seales f See 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 g See 1 H. 4. c. 3. and here p. 13. Judge h Spee p. 747 Belknap 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 i Hist p. 675 Speed 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

The Treachery and Disloyalty of Papists to their Soveraignes both in Doctrine and Practise WHen I seriously consider the memorable Preamble of 3 Jac. ch 4. That it is found by daily experience that many of his Majesties Subjects who adhere in their hearts to the Popish Religion by the infection drawne from thence and by the wicked and divellish counsell of Jesuites Seminaries and other persons dangerous to the Church and State are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty and the Crowne of England as they are ready to entertaine and execute any Treasonable Conspiracies and Practises as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder the King Queene Prince ●ords and Commons in the House of Parliament assembled tending to the utter subversion of the whole State lately ●dertaken by the instigation of Jesuites and Seminaries and in advancement of their Religion by their Schollars ●ught and instructed by them for that purpose With the Statutes of 35. Eliz. ch 2. and 3 Jacobi ch 5. which ●●act That all Popish Recusants shall be restrained to some certaine places of abode and confined to their private ●uses in the Country and not at any time after to passe or remove above five miles from thence under paine of forfeiting ●● their Lands Goods and Chattels during life That none of them shall remaine within ten miles of the City of ●ondon nor come into the Court or house where his Majesty or Heire apparent to th● Crowne of England shall be nor ●ave in their owne houses or in the hands or possession of any other at their disposition any Armour Gunpowder or Mu●tion of what kind soever And all this for the better discovering and avoiding of such Trayterous and most dan●rous Conspiracies Treaso●● Practises and attempts as are daily devised and practised against our most gracious ●overaignes Person and ●●● Commonweale by rebellious and trayterous Papists And when I read in * Dated January 10. 1606. and Februa 22. 1603. two of King ●●mes his Proclamations That those adhering to the profession of the Church of Rome are blindly led together ●ith the superstition of their Religion both unto some points of Doctrine which * Note this cannot consist with the loyalty of Sub●cts towards their Prince and oft times unto direct actions of conspiracies and conjurations against the State wherin ●●ey live as hath most notoriously appeared by the late most horrible and almost incredible conjuration grounded up● points of Doctrine in that Church held and maintained and contrived and practised with the privity and warrant of ●any of the principall Priests of that profession to blow up our children and all the three Estates in Parliament assem●ed And when we consider the course and claime of the Sea of Rome we have no reason to imagine that Princes of ●r Religion and profession can expect any assurance long to continue unlesse it might be assented by the meditation of other ●rinces Christian that some good course might be taken by a generall Councell free and lawfully called to plucke up ●ose rootes of dangers and jealousies which arise for cause of Religion as well betweene Princes and Princes as be●eene them and their Subjects and to make it manifest that no State or Potentate either doth or can challenge pow● to dispose of earthly Kingdomes or Monarchies or to dispense with Subjects obedience to their naturall Soveraignes Which was never yet attempted much lesse effected And in the Booke of Thankesgiving appointed for the ●●h of November set forth by King James and the Parliaments speciall direction this observable Prayer ●omewhat altered by the now a Who confesseth Justifieth it in his Speech in Star-chamber June 14. 1637. Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the ●pists To that end strengthen the hand of our gracious King the Nobles and Magistrates of the Land with Judge●ent and Justice to cut off these workers of iniquity the Papists whose R●ligion is rebellion whose faith is facti● whose practise is murthering of Soules and Bodies and to roote them out of he confines of this Kingdome I can●ot but star damazed yea utterly confounded in my selfe at the Impudency and Treachery ofthose pernicious ●ounsellors who in affront of all these Lawes and premises have issued out sundry b See the Parliaments late Declaration Commissions under ●s Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of ●mes and Munition but likewise to meet together armed and raise Forces in the Field to fight against the ●rliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declara●ns and Protestations to all his loving Subjects advanced them to places of great trust and command in his ●ajesties severall Armies and procured them free accesse unto if not places of trust about his sacred person ● if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confi●ed in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels ●●d Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Pro●stant Religion first as they have already done in Ireland and then last of all his Majesties in case he refuse to become the Popes sworne vassall or alter his Religion which he hath ost protested and we beleeve he will never doe But I desire these ill Counsellours of the worst Edition to informe his Majesty or any rationall creature how it is either probable or possible that an Army of Papists should secure his Majesties person Crowne Dignity or protect the Protestant Religion the Parliament or its priviledges to all which they have shewed themselves most prosessed enemies We all know that Popish Recusants c See King James his Apology against Bellarmin Laurentius Byerlincke Opus Chronogr p. 319. Deus et Rex The Lord William Howards Sonnes late Booke in Defence of Papists taking the Oath of Allegiance obstinately refuse to take the Oath of Supremacy or Allegiance some of them that tooke it having beene excommunicated by their Priests for a reward The● summe of which Oath is * 3 Jac. c. 4. That they doe truely and sincerely acknowledge and professe That the Pope hath ●● authority to depose the King or to dispose of any his Kingdomes or to authorize any foraine Prince to invade his Countries or to discharge any his Subjects from their Allegiance to his Majesty or to license any of them to beare armes o● raise tumults against him or to offer any violence or hurt to his royall Person Government Subjects That notwithstanding any Declaration Excommunication or deprivation made or granted by the Pope or any Authority derived from him against the King his Heires and Successors or any absolution from their obedience they will beare● faith

and true allegiance to them and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons Crowne and Dignity by reason of any such sentence or Declaration or otherwise And that they doe from their hearts abhorre detest and abjure as impi●us and hereticall this damnable● Doctrine and position prosessedly maintained by English Papists else why should the Parliament prescribe and they absolutely refuse to take this Oath that Princes excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever Willthose then who refuse to take this Oath or abjure this King deposing King-killing Doctrine harbouring a Seminary Priest in their Tents and a Pope in their hearts prove a faithfull guard to his Majesties Person Crowne or Kingdomes Will those who so o●● conspired the death and attempted the murthers of Queene Elizabeth and King James onely because they were Protestants and Defenders of the Protestant Faith now cordially protect and assist King Charles without attempting any thing against his Crowne or Person who hath lately made and published so many Protestations and Declarations that he will never embrace nor countenance Popery but most resolutely Defend and Advance the Protestant Religion and makes this one principall motive how truely he taketh Heaven and Earth to witnesse of his present taking up of Armes Will they thinke you spend their lives for King and Parliament who but few yeares since lost their lives for attempting by a traine of Gunpowder to blow up both King and Parliament Will those secure his Majesty in his Throne now he is actually King of England who would have murthered him in his Cradle ere he was Prince to forestall him of the Crowne of England ca●● those prove really loyall to his Majesty and his Royall Posterity who would have blowne up him and all royall House at once even long before he had posterity In a word if ancient presidents will not convince us are those who for d See Dr. Jones his Booke of Examinations two yeares last past or more have beene labouring with might and maine to uncrowne his Majesty and utterly extirpate the Protestant Religion by horrid conspiracies and force of Armes in Ireland and are now there acting the last Scene of this most barbarous bloudy Tragedy now likely to spend their dearest blood in fighting for the preservation of his Majesties Crowne and the Protestant cause in England if thi● onely be the reall quarrell as is specioully pretended Or will any of that Religion who within these thre● yeares have by force of Armes both in Catalonia Portugall and elsewhere revolted from and cast off thei● allegiance to their owne most Catholicke King to setup others of the same Religion in his Tribunall put t●● their helping hands to establish his Majesty the most Protestant King in his regall Throne admit it were really not fictitiously indangered to be shaken Certainely if the ground of this unnaturall warre be such a● these ill Consellors pretend they would never be so farre besotted as to make choyce of such unfitting Champions as Papists for such a designe who are very well knowne to be the greatest enemies and malignants o● all others both to King Kingdome Religion and Parliament whose joynt destructions what ever thes● ill Counsellors pretend is questionlesse the onely thing really intended by the Popish party in this warre a● the proceedings in Ireland the introducing of soraine the raising of domesticke popish Forces the disarmin● of Protestants and Arming Papists with their Harnesse clearely demonstrate to all whom prejudice hath no● blinded Now that I may evidence to these pernicious Counsellours and all the world how dangerous and unsa●● it is for his Majesty and the Kingdome to put Armes into Papists hands and make use of them to protect th● Kings Person or Crown I shall desire them to take notice both of the Papists traiterous Doctrine and Practise in these three particulars they maintaine First That the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all ●●● Kingdomes in it to dispose of them at his pleasure to whom and when he will without giving any account of his actions That all Emperours and Kings are but his vassals deriving and holding their Crownes from him by base u●worthy services worse then villenage that they call and repute them their Popes vassals curs packe asses wi● Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their ow● Authors and practise I shall referre them to Doctor e Dedicated to King Iames printed at London 1621. Richard Crakenthorps Booke Of the Popes Tempore● Monarchy chap. 1. p. 1. to 27. worthy any mans reading to John Bodins Commonwealth Lib. 1. cap. 9. a●● Doctor John Whites Defence of the way to the true Church chap. 10. p. 43. Secondly That the Pope alone without a Councell may lawfully excommunicate censure depose both Emperours Kings and Princes and dispose of their Crownes and Kingdomes unto others That it is meet and necessary hee should ●xcommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all Protestant Princes ●●r oppressers of the Common wealth That as soone as such Princes are actually excommunicated or notoriously knowne to ●●e Heretickes or Apostates their Subjects are ipso fact● absolved from their government and Oathes of Allegiance whereby they were bound unto them and may yea ought to take up armes against them to deprive them of their kingdomes Thirdly That such tyranicall and oppressing Kings may be killed poysoned or slaine by open force of Armes not onely lawfully but with glory and commendations That this is to be executed by Catholikes and that it is not onely an heroi●all but meritorious act worthy the highest Encomiums These two last pro positions you may read abundantly proved by the words of Popish writers and 40. examples of several Emperours Kings and Princes which Popes Papists have excommunicated deprived violent●y assaulted and murthered in e Dedicated to King Iames and printed at London 1624. Doctor John Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. pag. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3 throughout Aphorismi doctrinae Jesuitarum King James his Apologie against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fist of November to which I shall referre the Reader What security or protection then of his Majesties royall Person Crowne or Kingdomes can now be expected from our Popish Recusants infected with these traytorous Principles and branded with so many ancient moderne nay present treasons and Rebellions against their Soveraignes let the world and all wise men seriously judge What faire quarter and brotherly assistance the