the very Law of Nature and fundamentall institution of Parliaments now justly take up Defensive armes to preserve their Liberties Lawes Lives Estates Religion from vassallage and ruine Thirdly Our owne Parliaments Prelates Nobles and Commons in all ages especially in times of Popery as well in Parliament as out have by open force of armes resisted suppressed the oppressions rapines vnjust violence and armies of their Princes raised against them Yea incountred their Kings in open Battells taken their persons Prisoners and sometimes expelled nay deposed them their Royall authority when they became incorrigible open professed enemies to their kingdomes their Subjects seeking the ruine slavery and desolation of those whom by Office Duty Oath and common Iustice they were bound inviolably to protect in Liberty and peace as the premised Histories of Achigallo Emerian Vortigern Segebert Osred Ethelrâ—d Bernard Edwin Ceolwulfe King Iohn Henry the 3d. Edward 1. and 2. Richard the 2 Henry the 6 th our British Saxon English Kings and other examples common in our owne Annalls plentifully manifest Neither are their examples singular but all Kingdomes generally throughout the world in all ages have done the like when their Kings degenerated into Tyrants of which there are infinite precedens in History which actions all ages all Kingdomes have alwaies reputed lawfull both in point of Policy Law Religion as warranted by the very Lawes of Nature Reason State Nations God which instruct not onely particular persons but whole Cities and Kingdomes for their owne necessary defence preservation the supportation of humane Societie and Libertie to protect themselves against all unlawfull violence and Tyranny even of their Kings themselves or their Ministers to whom neither the Lawes of God Nature Man nor any civill Nation ever yet gave the least authority to Murther Spoile Oppresse enslave their Subjects or deprive them of their lawfull Liberties or Estates which resistance were it unlawfull or unjust as many ignorant Royallists and Parasites now â—each some few oppressing tyrannizing wilfull Princes might without the least resistance ruine murther enslave the whole world of men overthrow all setled formes of civill government extirpate Christian Religion and destroy all humane Society at their pleasures all which had beene effected yea all States and Kingdomes totally subverted long agoe by ambitious Tyrannizing lawlesse Princes had not this Lawfull Naturall Hereditary power of resisting and opposing their illegall violence inherent in their Parliaments States Kingdomes restrained and suppressed their exorbitances of this kinde Now that this necessary Defensive opposition and resistance against open Regall Hostile violence which hath beene ever held lawfull and frequently practised in all Kingdomes all ages heretofore as just and necessary should become sodenly unlawfull to our Parliament and Kingdome onely at this instant seemes very unreasonable unto me Fourthly It is the expresse resolution of Aristâ—tle Xenophon Polibius Pope Elutherius in his Epistle to our first Christian King Lucius King Edward the Confessor in his established Lawes c. 17. the Councell of Paris Anno 829. and Isiodâ—r cited by it Iohn 〈◊〉 Iâ—hn Mariana and generally of all forraigne Divines and Polititians Pagan or Christian yea of Bracton Fâ—â—ta Fortescue and King Iames himselfe that a King governing in a setled Kingdome ceaseth to be a King and degenerates into a Tyrant so soone as hee leaves to rule by his Lawes much more when he begins to invade his Subjects Persons Rights Liberties to set up an Abitrary power impose unlawfull Tâ—xes raise Forces and make Warre upon his Subjects whom he should Protect and rule in peace to pillage plundâ—r â—aste and spoile his Kingdome imprison murther and destroy his people in an hostile manner to captivate them to his pleasure the very highest degree of Tyranny condemned and detested by God and all good men The whole State and Kingdome therefore in such cases as these for their owne just necessary preservation may lawfully with force of Armes when no other course can secure them not onely passively but actively resist their Prince in such his violent exorbitant tyrannicall proceedings without resisting any kingly lawfull royall Authority Vested in the Kings person for the Kingdomes preservation onely not destruction because in and as to these illegall oppressions tyrannicall actions not warranted but prohibited by the Lawes of God and the Realme to whom he is accountable and by whom he is justly censurable for them he is no lawfull King nor Majestrate but an unjust oppressing Tyrant and a meere private man who as to these proceedings hath quite denuded himselfe of his just Regall authority So that all those wholsome Lawes made by the whole State in Parliament for the necessary preservation and defence of their Kings Royall Person and lawfull Soveraigne power the suppression of all Insurrections Treasons Conspiracies and open Warres against them whiles they governe their people justly according to Law as all good Princes are obliged to doe by oath and duty or the open violent resisting of their Lawfull authority and Commands to which all Subjects both in point of Law and Conscience ought cheerfully and readily to Submit will yeeld no publike Countenance Encouragement or Protection at all to Kings in their irregall tyrannicall oppressions or violent courses especially when they turne professed publike enemies to their people proclaime open Warre against them invade their Lawes Liberties Goods Houses Persons and exercise all acts of Hostilitie against them as farre forth as the most barbarous Forraigne Enemies would doe It being against all common sence and reason to conceive that our Parliaments Lawes which strictly inhibit and punish the very smallest violations of the publike peace with all kinds of Oppressions Robberies Trespasses Baâ—tâ—ries Assaults Bloodsheds Fraies Murthers Routs Riots Insurrections Burglaries Rapes Plunderings Force-able Entries Invasions of the Subjects Liberties or Properties in all other persons and greatest publike Officers whatsoever whose Delinquences are so much the more hainous execrable and censurable as their persons honours and places are more eminent should so farre countenance justifie or patronize them onely in the King the Supreame fountaine of Iustice ad tutelam Legis corporum bonorum crectus as Fortescue and Sir Edward Cooke resolve Cujus Potestas Iuris est non Injuriae cum sit author Iuris non debet inde injuriarum nasci occasio unde Iura nascâ—nt ur as Bracton and Fleta determine as not to permit the Subjects under paine of Rebillion and high Treason by force of Armes upon expresse command and direction of the whole Kingdome in Parliament so much as to defend their Persons Goods Estates Houses Wives Children Liberties Lives Religion against the open violence of the King himselfe or his Malignant plundring murthering Papists Caveleers When as Kings of all others as Bracton Fortescue and Mariana prove at large both by Oath and Duty ought to be more
deliver up the Seale and Iustices Roles unto him who answered that they could by no meanes doe it without the Barons consent and pleasure concurring with the Kings with which answer the King being moved presently without consulting with the Baronage made Walter Merton Chancellour and the Lord Philip Basset Chiefe Justice to him and the Kingdom removing those the Barons had appointed from those and other places Which the Barons hearing of considering that this was contrary to them and their provisions and fearing least if the King should thus presume he would utterly subvert the Statutes of Oxford thereupon they poasted to the King guarded with Armes and power and charged him with the breach of his Oath forcing him at last to come to an agreement with them which the King soone violating the Barons and he raised great Forces met and fought a bloody battle at Lewes in Sussex where after the losse of 20000. men the King and his Son Prince Edward with sundry Lords of his party were taken and brought Prisoners to London where all the Prelates Earles and Barons meeting in Parliament Anno 1265 as Mathew Westminster computes it made new Ordinances for the Government of the Realme appointing among other things that two Earles and one Bishop elected by the Commons should chuse 9. other Persons of which three should still assist the King and by thâ— Counsell of those three and the other nine all things should be ordered as well in the Kings House as in the Kingdome and that the King should have no power at all to doe any thing without their Counsell and assent or at least without the advice of three of them To which Articles the King by reason of menaces to him to elect another King and Prince Edward for feare of perpetuall Imprisonment if they consented not were enforced to assent all the Bishops Earles and Barons consenting to them and setting their Seales to the Instrument wherein these Articles were conteined After which the Earle of Leicester and his two Sons being three of the twelve devided all the Kings Castles and strong holds betweene them and bestowed all the chiefe Offices in the Kings House upon his Capitall enemies which indiscreete disloyall carriage of theirs much offended not only the King and Prince but the Earle of Glocester and other of the Barons so that they fell off from the Earle to the King and Prince and in a battell at Eusham slew the Earle and most of his Partisans after which victory the King calling a Parliament at Winchester utterly repealed and vacated those former Ordinances which had they only demaunded the Nomination of great Officers Counsellours and Judges to the King and not entrenched so far upon his Prerogative as to wrest all his Royall power out of his hands not only over his Kingdom but houshold too I doubt not but they had beene willingly condiscended to by the King and Prince as reasonable and not have occasioned such bloody wars to repeale them by force In K. Edward the second his Reigne the Lords and Commons by an Ordinance of Parliament having banished out of Court and Kingdome Pier Gaveston his viâ—ious favourite and pernicious grand Counsellour in a Parliament held at Warwick nominated and constituted Hugh Spenser the Sonne to be the Kings Chamberlaine and in that Parliament further enacted that certaine Prelates and other Grandees of the Realme should remaine neare the King by turnes at set seasons of the Yeare to counsell the King better without whom no great businesse ought to be done challenging writes Speed by sundry Ordinances madâ— by them in Parliament not onely a power to reforme the Kings House and Councell and TO PLACE AND DISPLACE ALL GREAT OFFICERS AT THEIR PLEASVRE but even a joynt interest in the Regiment of the Kingdome After which the Spensers engrossing the sole Regiment of the King and Kingdome to themselves and excluding those Lords from the King appointed by the Parliament to advise him not suffering the King so much as to speake with them but in their presence they were for this and other offences banished the Land by Act of Parliament This King towards the end of his raigne after the Queenes arrivall with her Army obscuring himselfe and not appearing by advise and consent of the Lords the Duke of Aquitaine was made High Keeper of England and they as to the Custos of the same did sweare him fealty and by them Robert Baldocke Lord Chancellour was removed the Bishop of Norwich made Chancellour of the Realme and the Bishop of Winchester Lord Treasurer without the Kings assent In the 15 Yeare of K. Edward the 3d. chap. 3 4. there was this excellent Law enacted Because the points of the great Charter be blemished in divers manners and lesse well holden then they ought to be to the great perill and slaunder of the King and dammage of the people especially in as much as Clerkes Peeres of the Land and other freemen be arrested and imprisoned and outed of their goods and Cattels which were not appealed nor indighted nor suite of the party against them affirmed It is accorded and assented that henceforth such things shall not be done And if any Minister of the Kings or other person of what condition he be doe or come against any part of the great Charter or other Statutes or the Laws of the Land he shall answer to the Parliament as well as the suite of the King as at the suite of the party where no remedy nor punishment was ordained before this time as farre forth WHERE IT WAS DONE BY COMMISSION OF THE KING as of his owne Authority notwithstanding the Ordinance made before this time at Northampton which by assent of the King the Prelates Earles and Barons and the Commonalty of the Land in this present Parliament is repealed and utterly disanulled And that the Chancellour Treasurer Barons and Chancellour of the Eschequer the Iustices of the one Bench and of the other Iustices assigned in the County Steward and Chamberlaine of the Kings house Keeper of the Privie Seale Treasurer of the Wardrobe Controuler and they that be chiefe deputed to abide nigh the Kings Sonne Duke of Cornewall shall be now sworne in this Parliament and so from henceforth at all times that they shall be put in Office to keepe and maintaine the Priviledges and Franchises of holy Church and the points of the great Charter and the Charter of the Forrest and all other Statutes without breaking any point Item It is assented that if ANY THE OFFICERS AFORESAID or chiefe Clerke to the Common Bench or the Kings Bench by death or other cause be out of his Office that our Soveraigne Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County which hee shall take towards him and by good Councell which he shall have about him shall put another convenient into the said Office which shall be sworne after the forme aforesaid And
mans best security to preserve his life estate in peace against the violence of another whence the wisdom of the Common Law makes every mans house his Castle in the necessary defence wherof and of his person goods from the violence rape of others it gives him libertie to beate repulse yea kill injurious assailants which right of defence if once denyed would open a wide gap to all wickednesse injustice disorders whatsoever and speedily bring in absolute confusion subversion of all property Law Order As for Emperors Kings great Officers and other ungodly instruments armed with Princes unjust commissions who deeme themselves above the reach of humane Lawes censures and accountable for their unjust actions to none but God himselfe there is no other knowne barre or obstacle to hinder or restraine their armed violence Tyrannie oppressions but onely the feare of the oppressed assaulted subjects armed resistance which if once denyed to be lawfull all Royalties would soone be transformed into professed Tyranniâ—s all Kings Magistrates into Tyrants all Liberty into slavery property into communitie and every one would thereby be exposed as a voluntary prey to the arbitrary cruelty covetousnesse avarice lusts of the greatest men Therefore doubtlesse this armed resistance cannot but be lawfull necessary just in point of Law and Conscience to eschew these generall mischiefes Sixtly all will readily grant it lawfull in case of Conscience for subjects to resist a forraigne enemie which invades them with force of Armes though animated by the King himselfe to such invasion and why so but because they are their enemies who would wrongfully deprive them of their native inheritance Liberties estates and worke them harme upon which ground we read in the 2 Kings 3. 21. That when the Moabites heard that the Kings of Israel Iudah and Edom came up to fight against them with a great Army they gathered all that were able to put on armour and upward to withstand them and stood in the border and when ever the Midianites Philiâ—â—ines Syrians Babylonians Aegyptians Cananites or other enemies came to assault the Israelites they presently assembled together in Armes to encounter and repulse them as the Histories of Ioshua Iudges Samuel the Kings Chronicles and Nehemiah abundantly evidence almost in every Chapter If then Subjects may with a good Conscience resist forragin enemies on this ground alone then likewise domestick foes and their Kings own Forces when they become open enemies to rob kill plunder destroy them as inhumanely as injuriously as the worst Forraigne foes there being the selfe same ground for the lawfulnesse of resistance of the one as the other and if the ballance encline to one side more than other an intestine enemie being more unnaturall unjust hurtfull dangerous and transgressing more Lawes of the Realme which obliege not strangers than a Forraigner and a Civill warre being far worse and more destructive than a Forraigne the resistance of an homebred enemy must be the more just and lawfull of the two even in point of Conscience Seventhly The very Law of God both alloweth and commands all men to resist their spirituall enemies with spirituall Armes Iam 4. 7. Resist the Devill and he will flee from you otherwise he would easily subdue and destroy us 1 Pet 5. 8. 9. Be sober and vigilant because your adversarie the devill as a roaring Lyon walketh about seeking whom he may devoure whom resist stedfast in the faith Ephes. 5. 10. to 19. Finally my brethren be strong in the Lord and in the power of his might Put on the whole Armour of God that ye may be able to stand against the wiles of the devill For we wrestle or warre not against flesh and blood but against Principalities against powers against the Rulers of the darkenesse of this world against Spirituall wickednesse or wicked spirits in high places Wherefore take unto you the whole Armour of God that ye may be able to withstand in the evill day and having done all to stand Stand therefore having your loynes girded about with truth c. Above all taking the sheild of faith wherewith ye shall be able to quench all the fiery darts of the wicked And take the helmet of Salvation and the sword of the spirit which is the Word of God Praying alwayes with all prayer and supplication Hence Christians are termed Souldiers of Iesus Christ and Châ—istianity a warfâ—â—e against the world the flesh and Prince of the world the Devill 2 Tim. 2. 3 4. 2 Cor. 10. 3. 1 Tim. 1. 18. Iam. 41. 1 Pet. 2. 11. Rom. 7. 23. 2 Cor. 10. 4. 1 Cor. 9. 7. I say 41. 2. Rev. 12. 7. 17. In which warfare we must fight and resist even unto blood striving against sinne Heb. 12. 4. Vsing not onely prayers and teares but other spirituall weapons of warre mighty through God able to â—ast downe every high thing that exalteth it selfe to bring into Captivitie every thought to the obedience of Christ and to revenge all disobedienâ—e 2 Cor. 10. 4. 5. 6. If then we may and must manfully resist and fight against our Spirituall enemies though Principalities Powers Rulers wicked spirits in high Places and the Prince of this world himself the Devill when they assâ—ult and seeke to devoure our soules then by the selfesame reason we lâ—wfully with a safe conscience may yea ought to resist repulse our corporall enemies when they maliciously unâ—uâ—â—ly forcibly assault us against all rules of Law of Conscience to murther enslave destroy our bodies Soules Religion the Republicke which must be dearest to us though they be Principalities Powers Rulers wicked Spirits in high Places yea Princes of this world with all their under Officers and Instruments of cruelty not onely with prayers and teares but corporall Armes and force because they unnaturally tyrannically seeke the destruction of our bodies estates Liberties Republicke Religion there being no inhibition in Scripture not to resist the one or other but infinite Texts authorising men not onely to resist but warre against yea slay their malicious open enemies untill they be subâ—ued or destroyed Exod. 23. 22. 27. Levi. 26. 7. 8. Num. 24. 8. Deut. 20. throughout Iosh. c. 8. to c. 13. 2 Sam. 22. 38. to 42. 1 Chron. 17. 8. 10. Esth. 9. 5. Neither doe the Texts of Mat. 5 39. Luk. 6. 29. But I say unto you that ye resist not â—vill but whosoever shâ—ll sâ—â—ite thee on the right cheekâ— turne to him the other also and hiâ— that taketh away thy cloake forbid not to take thy câ—ate also prohibit all actuall resistance of publick violence offered by enemies to our persons goods or lawfull defensive warres which precept as is cleare by the context and resolved by Augustine Gratiaâ— Alensis and f others extends onely to some private injuries and revenges and to the inward patient preparation of the mind to suffer two injuries rather theÌ„ maliciously to revenge a single one especially in casâ—s where we want ability to resist not to an actuall
for the common good of the Realme Crowned at Raynes within the age of fourteen yeares contrary to a Law made in the eleventh yeare of his Father In the fourth yeare of his reigne the Citizens of Paris murmuring and grudging for divers impositions and taxes unduely leavied upon them suddenly arose in great multitudes intending to have distressed some of the kings Houshold Whereupon soone after the Kings Councell considering the weaknesse of the Treasure and his great charges and needs and assembling a Parliament of the Rulers of Paris Roan and other good Townes exhorted them to grant the King in way of Subsidy twelve pence in the pound of all such Wares at that day currant for the defence of the Realme and subjects â—o the which request after consultation taken it was answered That the people were so charged in times past that they might not beare any more charges till their necessity were otherwise relived and so the King and his Councell at this time were disappointed In his seventh yeare by the Duke of Angeau his procuring a tax was laid upon the Commons of France without the three Estates Which to bring to effect many friendâ— and promoters were made as well of Citizens as others Whereupon the Commons of Paris and Roan became wilde assembled in great companies chose them Captains and kept watch day and night as if enemies had been about the Citie utterly refusing to pay that Tax This Charles being none of the wisest Prince ruled by his houshold servants and beleeving every light Tale brought unto him marching against the Duke of Brittaine as he came neare a wood was suddenly met of a man like a Beggar which said unto him Whither goest thou Sir King beware thou goe no further for thou art betrayed and into the hands of thine enemies thine owne Army shall deliver thee With this monition the King was astonied and stood still and began to muse In which study one of his followers that bare his Speare sleeping on Horsback let his Spear fall on his fellowes Helmet with which stroke the King was suddenly feared thinking his enemy had come unawares upon him wherefore in anger he drew his sword slew foure of his owne Kinghts ere he refrained and took therewith such a deadly fear as he fell forthwith distracted and so continued a long season being near at the point of death VVhereupon his brother Lewes of Orleans being but young the States of France thought it not convenient to lay so heavy a burthen upon so weake shoulders wherefore his two Vncles the Dukes of Berry and Burgoine BY AVTHORITY OF THE STATES OF THE LAND specially assembled in Parliament upon this occasion tooke upon them to rule the Realme for that season it being ordered by a speciall Law that they should abstain from the name of Regent unfit in this sudden accident the King being alive and of years And because the Duke of Berry had but an ill name to be covetous and violent and was therefore ill beloved of the French his younger brother Philip Duke of Burgoyn had the chiefe charge imposed on him and though the Title was common to both yet the effect of the author tie was proper to him alone who changed divers Officers After which the Duke of Orleance was made Regent being the Kings younger brother who pâ—essing the people with quoâ—idian taxes and â—allages and the spirituall men with dismes and other exactions he was at length discharged of that digniâ—ie and the Duke of Burgoyne put in that authoritie After this our King Henry the fift gaining a great part of France and pretending a good title to the Crowne recited at large by Hall and Iohn Speed the Frenchmen to settle a peace made this agreement with King Henry That he should marry Katharine the French Kings daughter and be admitted Regent of France and have the whole government and rule of the Realme during Charles his life who should be King of France and take the profits of the Crowne whilest he lived and that after the death of Charles the Crowne of France with all rights belonging to the same should remaine to King Henry and to his Heires Kings That the Lords spirituall and temporall and the Heads and Rulers of Cities Castles and Townes should make Oath to King Henry to be obedient to his lawfull commands concerning the said Regency and after the death of Charles to become his true subjects and liegemen That Charles should in all his writing name King Henry his most dearest sonne Henry King of England and inheritour of the Crowne of France That no imposition or tax should be put upon the Commons of France but to the necessary defence and weale of the Realme and that by the advice of both Councels of the Realmes of England and France such stablished Ordinances might be devised that when the said Realme of France should fall to the said Henry or his Heires that it might with such unity joyne with the Realme of England that one King might rule both Kingdomes as one Monarch reserved alwayes to either Realme all Rights Liberties Franchises and Lawes so that neither Realme should be subject unto other c. VVhich Articles were ratified and agreed with the consent of the more part of the Lords spirituall and temporall of France But Charles dying his sonne Charles the eight was by some part of France and many Lords reputed and knowledged King but not crowned whiles the Duke of Bedford lived and remained Regent our Henry the sixth both in Paris and many other cities being allowed for king of France After his death his sonne Lâ—wes the eleventh as Fabian accounts by strength of friends was crowned king of France who refused the counsell and company of his Lords and drew unto him as his chiefe Councellors villaines and men of low birth as Iohn de Lude Iohn Balâ—a Oliver Devill whosâ— name for odiousnesse he changed into Daman with others whom he promoted to great honours and places VVhereupon the Lords murmured and were so discontented that the Duke of Brittaine and others withdrew them from the king and refused to come unto his presence when he sent for them raising a great power And when no peace could be mediated betweene the king and them they met in a plaine battell at Chartres where many were slaine on both sides but the king lost the field After which an accord was made betweene them but the king continued his old courses delighting more in the company of lewd irreverent persons to eate and drink with them and to heare them talke of ribaldry and vicious fables then to accompany his Lords which might have won him much honour going liker a Serving man then a Prince and being a great oppressor of his subjects to maintaine hiâ— prodigality for lack of money he was driven of necessitie to aske a preste of the citizens of Paris who after many excuses which might not be allowed they lastly denyed the kings pleasure VVherewithall he being
in the first originall of mankinde and approved by the mutuall consent well-nigh of all Nations which continue unbroken and sempiternall together with the Nature of things and being subject to the commands of no man domineere and rule over all men This law which in every action offers it selfe to our eyes and mindes and dwels in our brests will we nill we our Ancestors following were alwayes armed against violence and suppressed the unrulinesse of Tyrants Neither is this Law proper onely to the Scots but common to all well-ordered Nations and People as the Athenians Lacaedemonians Romanes Venetians Germanes Danes which he there manifests by examples So that I may hence infallibly determine the Realme Parliament and Nobles of Scotland collectively considered to be the Soveraigne power in that Realme superiour to the Kings themselves from whom I shall proceede to Scripture Presidents in the Kings and Kingdomes of the Gentiles Israel and Iudah recorded in Scripture The Kings of the Gentiles Israel and Iudah Now least any should object that all the forecited Examples and Authorities are but humane and no convincing evidences to satisfie the Conscience That whole Kingdoms States and Parliaments are above their kings and of greater power then they I shall therefore to close up this Posterne Gate of Evasion conclude with Scripture Presidents ratifying this truth beyond all contradiction To begin with Heathen kings and States therein recorded I read in the 1 Sam. 29. and 1 Chro. 12. 19. That when David with his men offered to go with Achish and the Philistines against King Saul his Soveraign and the Israelites to Battell and passed on in the rereward with Achish the Princes of the Philistines seeing it said What do these Hebrews here To whom Achish answered Is not this David the servant of Saul King of Israel which hath been with me these years and I have found no fault in him since he fell unto me unto this day Hereupon the Princes of the Philistines were wroth with him and taking advice together said to their King Achish Make this fellow returne that he may goe again to his place which thou hast appointed him and let him not go down with us to Battell lest in the Battell he be an adversary to us for wherewith should be reconcile himself to his Master should it not be with the Heads of these men Is not this David of whom they sang one to another in dances saying Saul slew his thousands and David his ten thousands Then Achish called David and said unto him Surely as the Lord liveth thou hast been upright and thy going out and coming in with me in the Host is right in my sight for I have not found evill in thee since the day of thy coming neverthelesse the Lords favour thee not wherefore now return and go in peace that thou displease not the Lords of the Philistines And when David replied What have I done c. that I may not fight against the Enemies of my Lord the King Achish answered him I know thou art good in my sight as an Angell of God notwithstanding the Princes of the Philistines have said HE SHALL NOT GOE VP WITH VS TO BATTELL wherefore rise up early in the morning with thy Masters servants that are come with thee and assoon as ye have light depart whereupon they returned Here we see the Lords of the Philistines did peremptorily overrule their king against his will who durst not contradict them therefore they had a Power superiour to his as will further appear by 1 Sam. 5. 7 8 9 10 11. and ch 6. 1 to 13. where when the Ark of God was taken by the Philistines the Lords and People of the Philistines not the King met consulted and ordered how it should be removed from place to place and at last sent it back again So Ahasuerus the great Persian Monarch was advised over-ruled by his Councell of State as appeareth by the case of Queen Vashti Ester 1. and what his Princes thought meet to be done that he decreed and proclaimed verse 19 20 21 22. So Artaxâ—rxes king of Persia did all things of moment by the advise of his Counsellors and Princes Ezra 7. 28. and Chap. 8. 25. Great Nabuchadnezzar King of Babylon Dan 3. 2 3. 24. chap. 4. 32 to 36. was for his pride driven from men put to eat grasse with Oxen for aspace till he knew that the most High ruleth in the Kingdoms of men After which his understanding and reason returned to him and the glory of his Kingdom and his Councellors and Lords sought unto him and established him in his Kingdom he being over-ruled and counselled afterwards by them So Daniel 6. Darius King of the Medes and Persians was over-ruled by his Lords and Princes even against his will to Signe a Decree and to cast Dauiel into the Lyons Den for breach of it and though the King were sore displeased with himself for Signing this Decree and set his heart on Daniel and laboured till the going down of the Sun to deliver him yet the Princes assembling and telling the King Know O King that the Law of the Medes and Persians is that no Decree nor Statute which the King establisheth by the advice of his Nobles may be changed to wit by the king alone without their advise a clear evidence that the greatest Persian Monarchs were subject to the Laws of their Kingdoms as well as other Princes Whereupon the King commanded and they brought Daniel and cast him into the Den of Lyons and a stone was brought and laid upon the mouth of the Den and the King Sealed it with his own Signet and with the Signet of the Lords THAT THE PVRPOSE MIGHT NOT BE CHANGED concerning Daniâ—â— Here this great king was even against his will constrained to be subject both to his Laws and Lords The like we read of Pharaoh king of Egypt Exod. 1. 8 9 10 11. who consulted with his people how to oppresse the Israelites as being unable to do it without their consents And Exod. 10. Pharaohs Councellors and Lords after sundry Plagues on the Land said unto him How long shall this man Moses be a snare unto us Let the men go that they may serve the Lord their God Knowest thou not that Egypt is destroyed Whereupon Moses and Aaron were brought before Pharaoh who said unto them Go serve the Lord your God And Esay 19. 11. to 16. Surely the Princes of Zoan are fools the counsell of the wise Counsellors of Pharaoh is become bruitish They have also seduced Egypt even they that are the stay of the Tribes thereof They then had an overruling power above their kings So the great King of Nineveh â—onah 3. 7 8 9. proclaimed and published a generall fast thorowout the City by the Decree of the King and of his great men making no publike Laws but by their advice and assents In like manner we read in the 2 Sam. 5. 3 4 5. That the Princes of Hanun King of
his Tenure against whom the Lord hath committed felony or perjury although the Lord truly doth not properly give his faith to his Vassall but his Vassall to him if the Law of the twelve Tables commands a Patron who defrauded his Client to be detestable if the civil laws permit a villain enfranchised an action against the outragious injury of his Lord if in these cases they free a servant himself from his Masters power wheras yet there is only a naturall not civill obligation therein I shall adde out of Dejure Magistratus in subditos If in Matrimony which is the nearest and strictest obligation of all other between men wherin God himselfe intervenes as the chief Author of the contract and by which those who were two are made one flesh if the one party forsakes the other the Apostle pronounceth the party forsaked to be free from all obligation because the party deserting violates the chief condition of marriage c. Shal not the people be much more absolved from their Allegiance which they have made to the King if the King who first solemnly sweares to them as a Steward to his Lord shall break his faith Yea verily whether if not these Rights not these Solemnities not these Sacraments or Oathes should intervene doth not nature it selfe sufficiently teach that Kings are constituted by the people upon this condition that they should reign well Iudges that they shall pronounce Law Captaines of warre that they should lead an Army against enemies But and if so be they rage offer injury so as themselves are made enemies as they are no Kings so neither ought they to be acknowledged by the people What if thou shalt say that some people subdued by force the Prince hath compelled to swear to his commands What say I if a Thiefe a Pyrate a Tyrant with whom no society of Law or Right is thought to be should with a drawn sword violently extort a deed from any one Is it not known that fealty extorted by force bindeth not especially if any thing be promised against good manners against the law of nature Now what is more repugnant to nature then that a people should lay chaines and fetters upon themselves then that they should lay their own throats to the sword then that they should lay violent hands upon themselves or which is verily the same thing promise it to the Prince Therefore there is a mutuall obligation between the King and people which whether it be only civill or naturall tacit or in expresse words can be taken away by no agreements violated by no Law rescinded by no force Whose force only is so great that the Prince who shall contemptuously break it may be truly called a Tyrant the people who shall willingly infringe it seditious So this grand accute Lawyer determines I shall close up this with the unanimous resolutions and notable decree of the United Netherland Provinces Anno Dom. 1581. declaring Philip King of Spain to be fallen from the Seigniorie of the Netherlands for his Tyranny and breach of Oath which is thus recited by Grimstone and recorded in his generall History of the Netherlands page 658 to 667. In the alterations which happen sometimes in an Estate betwixt the Soveraigne Prince and a people that is free and priviledged there are ordinarily two points which make them to ayme at two divers ends The one is when as the Prince seeks to have a full subjection and obedience of the people and the people contrariwise require that the Prince should maintaine them in their freedomes and liberties which he hath promised and sworne solemnly unto them before his reception to the principalitie Thereupon quarrels grow the Prince will hold a hard hand and will seek by force to bee obeyed and the subjects rising against the Prince oftentimes with dangerous tumults rejecting his authority seek to embrace their full liberty In these first motions there happen sometimes conferences at the instance of neighbours who may have interest therin to quench this fire of division betwixt the Prince and his subjects And then if any one of the parties groweth obstinate and will not yeeld although he seeme to be most in fault it followeth of necessity that they must come to more violent remedies that is to say to armes The power of the Prince is great when hee is supported by other Princes which joyn with him for the consequence of the example else it is but small but that of the people which is the body whereof the Prince is the head stirred up by conscience especially if the question of Religion be touched the members ordained for their function doing joyntly their duties is farre greater Thereupon they wound they kill they burne they ruine and grow desperately mad but what is the event God who is an enemy to all tyranny and disobedience judgeth quarrels weigheth them in his ballance of justice helping the rightfull cause and either causeth the Prince for his rigour and tyranny to be chased away and deprived of his estate and principality or the people for their contempt and rebellion are punished and reduced unto reason which causeth the alterations to cease and procureth apeace whereof we could produce many examples both antient and moderne if the relation of this history did not furnish us sufficiently So the generall Estates of the united Provinces seeing that King Philip would not in any sort through his wilfulnesse yeeld unto their humble suite and petitions and notwithstanding all the offers they could make to purchase a good firme and an assured peace notwithstanding all the intercessions both of the Emperour the French King the Queen of England and other great Princes and Potentates of Christendom yet would he not give eare to any other reason but what himselfe did propound the which the said Estates did not only find unjust and unreasonable directly repugnant to their liberties constitutions and freedomes of the Countrey but also contrary to their consciences and as it were so many snares layed to catch them which were in no sort to be allowed of nor received considering the qualitie of their affair and his according to the time In the end rejecting all feare of his power and threats seeing they were forced to enter into all courses of extremity against a Prince which held himselfe so hainously offended as no reconciliation could be expected relying upon the justice and equitie of their cause and sinceritie of their consciences which are two brazen bulwarks they were fully resolved without dissembling to take the matter thus advanced in hand and opposing force against force meanes against meanes and practises against practises to declare him quite fallen from the Seigniorie preheminence and authority which before the troubles the breach of their priviledges right freedomes and immunities so often and so solemnly sworne by him and dispensation of his Oaths he had or was wont to have in the said Provinces respectively Whereof they made open declaration by a publick Edict the
professedly a verring Aquinas his Doctrine and the premisses yea farre exceeding them in sundry particulars many or most of them attributing sufficient Authority and power to the Pope and Prelates alone without the Parliament Nobles Peers or Peoples assent to depose adjudge Haereticall or tyrannicall Kings to death and devote them to assassination which all Protestants unanimously disclaim But wee need not fish in these unwholesome Romish Streams of Tyber or make use of these Popish Champions whom I have onely named to stop the mouthes of all Papists Priests Iesuites who now much exclaim against the Parliaments present defensive Warre condemning all for Rebels and Traitors who assist the Parliament against their invading traitâ—rous Rebellious armed Forces both in Ireland and England they being in verity such themselves yea the originall contrivers fomenters the principall abettors of the present bloody destructive civill Wars in both our Realms And that which most confirms me in this beliefe is a particular late Discovery of the horrid Conspiracy of Con the Popes late Nuncio here and his Iesuited Popish Confederates to undermine and extirpate the Protestant Religion to raise the Scottish and succeeding Irish and English Wars thereby to ingage the King to resort to them for assistance under pretence whereof to rise up in arms and work him to their own conditions or else to poyson him with a Indian poysoned Nut after the example of his Father and then seize upon the Prince and train him up in their Antichristian Religion as you may reade at large in Romes Masterpeece to which I shall referre you for fuller satisfaction from one of the chief Conspirators own Confession But passing by all these I shall proceed to Authorities of Lawyers and Divines professing the Protestant Religion Georgiâ—s Obrectus a publike Professor of Law and Advocate to the City of Strasburge in his Disputatio Juridica 1. De Principiis Belli layes down these severall Positions for Law Num. 125. to 139. That all the Inferiour Magistrates in the Empire or other Kingdoms collectively considered are above the Emperour and Kings themselves that if they be unjustly assaulted with unjust violence by any whomsoever they may by a necessary and just warre defend both themselves and theirs and repell and prosecute the unjust assailants That if the Superiour Magistrate neglect to do his duty as if the Turke should invade any Countrey and the Supreme Magistrate would not resist him the inferiour Magistrate may call the people to Arms raise an Army and exercise all forces policie and devices against the common enemy of Christians Or if the Supreme Magistrate should exercise manifest Tyrannie it is verily lawfull to the Inferiour to undertake the care of the Republike which he endeavours to oppresse with all his power That those who represent all the people as the Electors Palatines Nobles Parliament may admonish the Prince of his duty and ought to seek by all means to divert him from his Tyrannicall and impious purpose but if he proceeds and repenteth not being frequently admonished but wilfully subverts the Common-wealth obstinately perverts Laws hath no care of faith coâ—venants justice piety and tends onely to this that he may perpetrate any thing with impunity and impiously reign over mens consciences then verily he is accounted a Tyrant that is an enemy of God and man whence if he hath proceeded to that hight of malice that hee cannot bee expelled but by armed force It is Lawfull for the Electors Palatines and others to call the people to Arms and not onely to defend themselves and others against such a one but plainly to deject him from his Throne For the intire Government of the Realm is not committed by the people to the Prince alone as neither the Bishopprick of the whole Church to the Pope but to every one of the Nobles or Magistrates according to his power For the Nobles as they are called into part of the honour so of the burthen of the Commonwealth which is committed to the Prince as to the Supreme Tutor but to them as Fellow-tutors he having the first they the second place in governing the Republike The Prince swears that he will seek the good of the Realm and all the Nobles promise the same therefore if he doth ill they ought not to do so likewise if the Republike go to ruine they shall not continue For the Common-wealth is no lesse committed to them than to the King so as they ought not onely to do their duty but also to contain the Prince within the limits of his duty For if the Prince doth ought against his Oath they are not absolved from their Oaths but rather then especially ought to manifest their fidelity when the Republike requires it because they were specially instituted for that end as the Ephori and everything ought to be reputed just when it attains its end Hence Bâ—utus the Tribune and Lucretius the Governour of the City called the people to Armes against Tarquin the proud and by their authority expelled him the Ringdom So the Roman Senate judged Nero an enemy of the Republike and condemned him to the Gallowes punished Vitellius with death ignominiously mutilatâ—ed and dragged thorow the City and spoyled Maximinus of the Empire setting up Albinus in his place Thus the French by Authority of a publike Councell thorow the care of the Officers of the Realme deprived Childericke the first Sigebert Theodoric and Childericke the third of the government of the Realm Neither is it impertinent to pronounce the same sentence of such a one as was given of Manlius Capitulinus Thou wast Manlius whiles thou diddest cast down the Senons headlong Now because thou art become one of the Senons thou thy selfe art to be precipitated from whence thou diddest cast them down But if perchance most of the Nobles collude and connive and being unmindfull of their duty take no care of the people let there at least be one who may admonish and detest the invading Tyrant and take care that the Republike sustain no detrimenâ— For the care of the Republike is no lesse committed to him than to the Prince and his Collegues and he hath plighted his faith to the Republike no lesse than they If many have promised the same thing the obligation of the one is not taken away by the negligence or periury of the other If there be many Trustees Executors or Guardians the negligence default or fraud of some of them doth not discharge or disingage the rest yea unlesse they to their power discharge their trust and Oath they become perfidious yea guilty of the same crime and are subiect unto actions for their neglect as well as the others Therfore those who are bound to the whole Kingdom and Empire as the Peers of France the Electors or to some certain Countey or City which makes a part of the Realme as Dukes Marquesses Earles Constables Admirals and the like are obliged to ayde the whole Common-wealth or that part committed to them
against the tyranny of the Prince if they be able c. Thus and much more this Lawyer almost verbatim out of Iunius Brutus I might add to him the like determinations of Henricus Bocerus De jure pugnae hoc est Belli Duelli Tractatus Methodicus Tubingae 1591. lib. 1. cap. 5. c 29. p. 141 Justus Eccardus De Lege Regia the last Edition Alhuseius Polit. c. 4. p. 146. to 153. Haenon Disputat polit The Treatise De Iure Magistratus in Subditos where this Position is largely and learnedly debated confirmed both from Law History Theology Reason Hugo Grotius de Iure Belli pacis lib. 1. c. 4. sect 7. to the end p. 87. c. Albericus Gentilis de Iure Belli l. 1. c. 11. p. 84. c. 25. p. 205. l. 3. c. 9. 22. p. 546. 686. with others But since Iunius Brutus compriseth the quintessence of all the rest I shall trouble you onely with his Discourse Vindiciae Contr. Tyrannos Quaest. 3. p. 177. to 106. To passe by his Discourse concerning the resisting of Tyrants who usurp a Dominion without any Title whom every man may justly resist and suppresse and are bound in duty so to doe as he there proves at large I shall only transcribe what concernes them who have a lawfull Title First saith he we ought to consider that all Princes are born men We cannot therefore expect to have only perfect Princes but rather we ought to thinke it well with us if we have gained but indifferent ones Therefore the Prince shall not presently be a Tyrant if he keep not measure in some things if now and then he obey not reason if hee more slowly seek the publike good if he be lesse diligent in administring Iustice or lesse fierce in propulsing warre For seeing a man is not set over men as if he were some God as he is over beasts but as he is a man born in the same condition with them as that Prince shall be proud who will abuse men like Beasts so that people shall be unjust who shall seek a God in a Prince and a Divinity in this frail Nature But truly if he shall willingly subvert the Republike if he shall wilfully perveâ—t the Lawes if he shall have no care of his faith none of his promises none of Iustice none of piety if himselfe become an enemy of his people or shall use all or the chiefest notes we have mentioned then verily he may be iudged a Tyrant that is an enemy of God and men Therefore we treat not of a Prince lesse good but of the worst not of one lesse prudent but of a malicious and subtile one not of one unskilfull in Law but of a contemner of Law not of an unwarlike one but of an enemy of the people and waster of the Realme A Senate may assist him with prudence a Iudge with the knowledge of the Law a Captain in the skilfulnesse of warre but this man wisheth the Nobles Senators Captains of Warre one neck that he might cut them off at one stroake neither hates he any more then them The first verily though he may lawfully be removed yet however he may be tolerated the latter contrarily by how much the longer he is tollerated the more intollerable he becomes Moreover as euery thing is not lawfull to a Prince so often times that which is lawfull to the people is not expedient For frequently it may fall out that the remedy which is used may be worse than the disease Therefore it becomes a wise man to try all things before he use the hot Iron and use all remedies before he take up armeâ— If therefore those who represent the people perceive any thing to be done against the Republike by force or fraud let them first admonish the Prince neither may they expect till the mischiefe grow heavie and acquire forces Tyranny is like an heptick Feaver which at first is easie to be cured difficult to be discerned afterward it becomes easie to be known but very difficult to be cured Therfore they shall withstand the beginnings neither should they pretermit any thing though the smallest But if he shall proceed and not repent though frequently admonished but tend onely to this that he may commit any thing without punishment then verily he is really guilty of Tyranny and they may act against him whatsoever they may use against a Tyrant either by Law or just force Tyranny is not onely a crime but the head and as it were the heap of all crimes A Tyrant subverts the Republike makes a prey of all lyeth in wait for the life of all violates faith to all contemnes all the Religion of a sacred Oath Therefore is he so much more wicked then any Theefe murtherer sacrilegious person by how much it is the more grievous to offend many and all then particular persons Now if all these be reputed enemies if they be capitally punished if they suffer paines of death can any one invent a punishment worthy so horrid a crime Moreover wee have proved that all Kings receive their Royall Dignity from the people that all the people are better and higher then the King that the King is onely the superiour minister and Ruler of the kingdome the Emperour of the Empire but the people are the true head Therfore it follows that a Tyrant who commits felony against the people as the Lord of the fee hurts the sacred Majesty of the Realm and Empire Becoms a Rebel and therfore falls into the danger of the same Lawes and demerits more grievous punishments Therfore saith Bartolus he may be deposed by a Superiour or be most justly punished by the Julian Law for publike violence Now all the people or those who represent them as Electors Palatines Nobles the Assembly of the Estates c. are his Superiour But and if he shall proceed so farre that he cannot be expelled but by armed violence then verily it shall be lawfull for them to call the people to Armes to raise an Army and to practise force policy stratagems as against an adjudged enemy of his Country and of the Common-weale Neither shall the Officers of the Realm in this case fall into the crime OF SEDITION For in a sedition there must needs be two points which when for the most part they contend about contradictories it followes that the cause of one is just the other unjust That cause must verily be just which defends the Lawâ— which protects the common good which shall preserve the Realme especially by this meanes contrarily that cause is uniust which violates the Laws defends the breakers of the Lawes protects the subverters of the Countrey That is iust which will destroy tyrannicall government that uniust which would abolish iust government That lawfull which tends to the publike good that unlawfull which tends to the private Therefore saith Thomas because a tyrannicall kingdome which is not ordained to the common good but principally for the benefit of the
direction this observable Prayer somewhat altered by the now Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the Papists To that end strenghthen the hand of our gracious King the Nobles and Magistrates of the Land with Iudgement Sâ—p justice to cut off these workers of iniquity the Papists whose Religion is rebellion whose faith is faction whose practise is murthering of Soules and bodies and to roote them out of the confines of this Kingdome I cannot but stand amazed yea utterly confounded in my selfe at the Impudency and Treachery of those pernicious Counsellors who in affront of all these Lawes and premises have issued out sundry Commissions under his Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of Armes and Munition but likewise to meete together armed and raise forces in the Field to fight against the Parliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declarations and Protestations to all his loving Subjects advanced them to places of great trust and command in his Majesties severall Armies procured them free accesse unto if not places of note about his sacred person as if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confided in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels and Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Protestant 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 oft protested and we beleeve he will never doe But I desire these il counsellors of the worst edition to informe his Majesty or any rational creature how it is either probable or possible that an army of papists should secure his royall person Crowne Dignity or protect the Protestant Religion the Parliament or its Priviledges to all which they have shewed themselves most professed enemies We all know that Popish Recusants obstinaâ—ely 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 That they doe truly and sincerely acknowledge and professe That the Pope hath no 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 licence any of them to beare armes or raisetumults against him or to offer any violence or hurt to his royall Person State 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 abjure as impious and hereticall this damnable Doctrine and position professedly 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 Will those then who refuse to take this Oath or abjure this King-deposing King-killing Popish Doctrine harbouring a Sâ—eminary Priest in their Tents and a Pope in their hearts prove a faithfull guard to his Majesties Person Crowne Kingdomes Will those who so oft conspired the death and attempted the murthers of Queene Elizabeth and King Iames 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 imbrace 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 Can those prove really royall to his Majesty and his Royall Posterity who would have blowne up him and all his Royall House at once even long before he had posterity In a word if ancient presidents will not convince us are those who for 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 likely to spend their dearest bloud in fighting for the preservation of his Majesties Crowne and the Protestant cause in England if this onely be the reall quarrell as is speciously pretended Or will any of that Religion who within these three yeares have by force of Armes both in Catalonia Portugall and elsewhere revolted from and cast off their allegiance to their owne most Catholicke King to set up others of the same Religion in his Tribunall for their greater advantage put to 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 by the Parliament Certainly if the ground of this unnatural warre be such as these ill Counsellors 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 of all others both to King Kingdome Religion Parliament whose joynt destructions what ever these ill Counsellors pretend is questionlesse the onely thing really intended by the Popish party in this warre as the proceedings in Ireland the introducing of foraine the raising of domestick Popish Forces the disarming of Protestants and Arming Papists with their Harnesse clearely demonstrate to all whom prejudice hath not blinded Now that I may evidence to these pernicious Counsellors and all the world how dangerous how unsafe it is to his Majesty to the Kingdome to put Armes into Papists hands and make use of them to protect the Kings person or Crowne I shall desire them to take notice both of the Papists traiterous Doctrine and Practise in these three particulars they maintaine First That
goe unto it petitioning the King to desist from this Warre and at last caused the King in Parliament to release these services And Anno 1205. The Lords and Commons for this very reason refused to go with King Iohn to his warres in France to recover his inheritance there In the sixt yeare of King Richard the second in a Parliament holden at London it was for many dayes together debated whether the Bishop of Norwich Henry Spensâ—r whâ—m the Pope had made Generall of his Forces against the Schismatickes of Flanders giving great indulgences to those who should assist him in person or with Monies in this Warre should undertake that Warre or no and after muâ—h opposition of the Captaines of the kingdome alledging that it was not safe to commit the people of the King and kingdome to an unexpert Priest it was at last resolved in Parliament through the constancy and valour of the Knights and Commons that he should undertake this war and goe Generall of the Army Which office he valiantly managed with good successe being a better Souldier than Preacher And the same yeare in another Parliament at London it was Decreed BY THE PARLIAMENT that because the Scots had broken their Faith with the English Faith should be broken with them Frangenti fidem fides frangatur eidem And that a select power should be sent into Scotland out of England to wit a thousand Lances and 2000. Archers to curbe their attempts under the conduct of the Lord Thomas of Woodstocke which the Scots being informed of were greatly afraid and in the end of the Parliament sent humble supplicants to it to treat with them about a peace or truce which they desired But the English having had such frequent experience of their falshood would neither treat nor compound with them but reviling their messengers commanded them to returne home wishing them to defend their heads and rights as well as they could Who returning the Northerne Lords undertooke the defence of their Country untill Thomas of Woodstocke should be pâ—epared to ayd them with greater Forces Loe here both Generalls Armies Warres appointed by the Parliament and Subsidies likewise granted to supply them and the making of a peace or truce referred to them it being agreed in a former Treaty that if any dammage or injury should be done by either Nation one to another some speciall Committees should be sent to the Parliament of both kingdomes every yeare who should publikely relate the injuries sustained and receive amends according to the dammage suffered by the judgement of the Lords In the Printed Statutes of 18 Ed. 3. Parliament 2. and in our Historians too I finde this preamble recited almost verbatim the next Parliament the same yeare chap 1. It is to be remembred that at the Parliament hâ—lden at Westminster the munday next after the Utas of the Holy Trinity in the Reigne of our Soveraigne Lord the King that now is of England the 18. and of France the 5. many things were shewed in full Parliament which were attempted by the adversary party against our Soveraigne Lord the King of France against the Truce late taken in Britaine betwixt our Soveraigne Lord the King and him And how that he enforceth himselfe as much as he may to destroy our said Soveraign Lord the King and his Allies Subjects Lands and places and the tongue of England And that was prayed by our said Soveraigne Lord the King of the Prelates great men and Commons THAT THEY WOULD GIVE HIM SUCH COUNSELL and AIDE AS SHOULD BE EXPEDIENT IN SO GREAT NECESSITY And the same Prelates great men and Commons taking good deliberation and advice and openly seeing the subversion of the Land of England and Kings great businesse which God defend if hasty remedy be not provided HAVE COUNSELLED JOYNTLY and SEVERALLY and prayed with great instance our Soveraigne Lord the King that he would make him as strong as he might to passe the Sea in assurance of the ayde of God and his good quarrell effectually at this time TO MAKE AN END OF HIS WARRES BY WAY OF PEACE OR ELSE BY FORCE And that for Letters words nor faire promises he shall not let his passage till he see the effect of his businesse And for this cause the said great men do grant to passe and adventure them with him And the said Commons doe grant to him for the same cause in a certaine forme two Quinzimes of the Commonalty and two Dismes of the Cities and Burroughes to be levyed in manner as the last Quinzime granted to him and not in other manner c. So that the money levyed of the same be dispended in the businesse shewed to them this Parliament BY ADVICE OF THE GREAT MEN THERETO ASSIGNED And that the aydes beyond Trent BE PUT IN DEFENCE OF THE NORTH A pregnant Precedent of the Parliaments interest in concluding Warre and Peace and disposing of the ayde contributed towards warres to such persons and uses as they deeme meete to confide in By these with infinite other precedents the Statute of 1 Iac. c. 2. and the Act of Pacification and oblivion betweene Scotland and England made this very Parliament enacting that no warre shall be levyed or made by any of either Nation against the other without consent of Parliament under paine of High Treason It is evident that the principall right of concluding denouncing Warre or peace resides in the Parliament and that the King without its previous advice and consent ought not to proclaime any open warre since the Subjects estates and persons must support wage it and receive most disadvantage by it a truth not onely implyed but resolved by his Majesties owne royall assent this very Parliament in the Act of Pacification betwixt England and Scotland Neither is this thing unusuall but common in other Kingdomes Livy Polybius Grimston Plutarch Iohn Bodin expresly affirme and confirme by sundry examples That in the Roman State both under their Kings and Emperours the chiefe power of denouncing warre and concluding peace was in the Senate and people And if any of their Emperours Consuls or Generals concluded peace without their consents it did not binde but was meerely voyd unlesse the Senate and people ratified it by a new decree neither might any warre be decreed but in the great assembly of the Senate and people together and by a publike Law And because Caesar had without command of the people made warre in France Cato Uticensis delivered his opinion in the Senate that the Army was to be called home and Caesar for his presumption delivered up to the Enemy So in the States and Kingdomes of the Athenians Aetolians Polonia Sweden Denmarke and Norway no Warre was begunne nor Peace concluded by their Kings but by the authority and preceding decree of their Senates Parliaments and Diets as Bodin proves at large The like Buchanan affirmes of the Kings of Scotland and we have divine authority
were elected by the people who prescribed them Lawes Oathes and had power to question to punish remoove and censure them when they offended Solon and Aristotle with other great Politicians debating this Question Whether the power of Electing and censuring the Magistrates and chiefe Officers ought to resids in the people Conclude offirmatively That it is most necessary and convenient this power should rest in the people because else the people shall become both the servants and enemies of their Princes if they have not this power and because all the people together are more considerable and better able to judge of the goodnesse and fitnesse of Magistrates for them then any few select particular men which are more apt to be seduced with by-endâ— then a great multitude Whence among the Lacedemonians and in most Kingdomes and Republicks in Greece the people had both the election yea and correction of their Magistrates and chiefe State Officers as they manifest In the Kingdome of Aragon in Spaine their ancient Suparbiense Forum their Iustitia Aragoniae and Rici homines who are their principall Magistrates Great Counsell of State and Priviâ— Counsellours to their King both in Warre and Peace having power over their Kings themselves to examine and censure all their Actions and remove them if there be cause with all their Members Knights and Burgesses of their Parliaments held formerly once a yeâ—re but now once every second yeare by fixed Lawes anciently were and at this day are elected by the People and not the King In the Germane Empire the Electorship Chancellourship and all great Offices of State are hereditary and successive not chosen by the Emperour and the greatest part of inferiour Magistates are elected in most Provinces and Cities by the people In Polonia the Archbishop of Gnesne is by inheritance alwayes Chancellour of the Realme In Hungary the great Palatine the chiefest Officer of that Kingdome next to the King himselfe who at home determineth and judgeth all differences between the King and Subjects according to the Lawes of that Realme est enim apud Panonios in usu Regem si quid contra Legem fecerit legibus subijci and during the interregnum hath right to summon Parliaments and generall assemblies of the Estates yea the chiefe hand and power in electing a new King and the Soveraigne command in the Warres Adeo ut sontes punire bene de re publica â—â—ritis praemia discernere fundosque qui 20. vel 30. agricolarum capaces sunt juris haerâ—ditarij nomine conferre possit c. as Nicholaus Isthuanfus writes is elected by the States and Parliament of Hunâ—ary not the King And in this manner Bethrius was elected Palatine in a full assâ—mbly of the States Senatus Nobiliâ—tiâ—sque consensu Anno Dom. 1517. and the Vayvode put by In Venice the Senate and people chuse all the great publike Officers not the Duke In Poland where the King is elective by the Law of Sigismond Augustus all the Magistrates of every Countrey were to be chosen by the particular States of every Government and so they are now In Denmarke and Sweden and Bohemia the Kings themselves are Elective by the States and people and most of their publike Officers too When Rome and Italy were under the Gothish Kings they still elected their publike Officers as is evident by King Theodoricus Letter of approbation of their Election in these words Our consent Reverend Fathers doth accompany your jâ—dgement In Scotland Anno 1295. the Scots in King Iohn Bayliols Reigne considering his simplicity and unapâ—nâ—sse elected them 12. Peeres after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose counsell the King ought to Governe the Realme and by whose ordination all the affaires of the Kingdome should be directed which was principally done in affront of King Edward the first by whom this Iohn was made King of Scotland in some sort against the Scots good liking some of them secretly murmuring against it In France it selfe where the King as some thinke and write is an absolute Monarch the greatest publike Officers anciently have sometimes been Elected by the Three Estates of Parliament Anno 1253. The States of France Elected the Earle of Leycester their Grand Seneschall and chiefe Counsellour of State to advise them and their desolate estate what to doe In the Yeare 1324. Arthur Duke of Brittaine was chosen Constable of France by the voice of all the Peers of the Great Counsell and Parliament and thereupon was admitted to that Grand Office In the Yeare 1357. the 7 th of King Iohn of France the Archbishop of Roan Chancellour of France Sir Simon de Bury chiefe Counsellour of the King and of the Parliament Sir Robert de Lorize Chamberlaine to the King Sir Nicholas Brake Master of the Kings Pallace Eguerrain Burges of Paris and Under-Treasurer of France Iohn Priest Soveraigne-Master of the Money and Master of the Accounts of the King and Iohn Chauneon Treasurer of the Kings Warres were all complained of by the Three Estates of France assembled in Parliament for misguiding the King and Realme their goods confiscated to the King themselves removed from these Offices and others elected in their places by the States In the Yeare 1408. by a Law made in the Parliament at Paris it was decreed That the Officers of the High Court of Parliament should be made by the Parliaments Election and those then vacant were so which Law was againe revived by King Lewis the 11 th in the Yeare 1465. And after him in the time of Charles the 8 th not onely the Presidents the Kings Counsellours and Advocates were made by election but even the Kings Atturney Generall the onely man of all the body of the Court that oweth not Oath but to King onely was chosen by the suffrages of the Court in the Yeare 1496. though their Letters of Provision and confirmation of their Election then were and yet are alwayes granted by the King About the Yeare 1380. the Earle of Flanders who had regall Jurisdiction exacting new Customes and Taxes from his Subjects contrary to their Liberties they thereupon expelled him with all his Family and Counsellours out of their Countrey And refused upon any termes to submit to his Governement unlesse he would remove all his evill Counsellours from him and deliver them into their hands to be punished Et recipere SOLVM VELIT CONSILIARIOS EX COMMVNIS VVLGI DECRETO and would receive such Counsellours onely as his people by common decree should assigne him which he was constrained sore against his will to condescend too ere they would restore him Since then the Councellours Magistrates Judges and Prime Officers of State in most other Kingdomes have beene thus elected by the people and Parliaments without any enchrochments upon their Kings just Regalities Why our Parliament now may not claime and enjoy the like Priviledges without any impeachment
Armes against his loyall Subjects and assault their persons to murther them and spoyle their goods if they by common consent in Parliament especially shall forcibly resist disarme or restraine his person till his fury be appeased and his judgement rectified by better councells shall this be Treason Rebellion or Disloyaltie God forbid I thinke none but mad men can or will averre it It was a great doubt in Law till the statute of 33. H. 8. c. 20. setled it If a party that had committed any high Treasons when he was of perfect memory after accusation examination and confession thereof beâ—came madde or lunaticke where he should bâ— tried and condemned for it during this distemper And some from that very act and 21. H. 7. 31. 36. Ass 27. 12. H. 3. For faiture 33 and Dower 183. Fitz. Nat. Br. 202. D. Stamford Pleas 16. b. and Cooke l. 4. f. 124. Beverlyes case which resolve that a Lunaticke or Non Compos cannot be guilty of murther feloney or petite Treason because having no understanding and knowing not what he doth he can have no fellonius intention conceive that a reall mad-man cannot be guilty of high Treason though Sir Edward Cooke in Bevâ—rlies case be of a contrary opinion if he should assault or kill his king And I suppose few will deeme Walter Terrils casuall killing of King William Rufus with the glance of his arrow from a tree shot at a Deere high Treason neither was it then reputed so or he prosecuted as a Traytor for it because he had no malicious intention as most thinke against the King or any thought to hurt him But I conceive it out of question if a king in a distracted furious passion without just cause shall invade his subjects persons in an open hostile manner to destroy them it neither is nor can be Treason nor Rebellion in them if in their owne necessary defence alone they shall either casually wound or slay him contrary to their loyall intentions and those Statutes and Law-bookes which judge it high Treason for any one maliciously and trayterously to imagine compasse or conspire the death of the King will not at all extend to such a case of meere just defence since a conspiracie or imagination to compasse or procure the Kings death can neither be justly imagined nor presumed in those who are but meerely defensive no more then in other common cases of one mans killing another in his owne inevitable defence without any precedent malice in which a Pardon by Law is granted of course however questionlesse it is no Treason nor murther at all to slay any of the kings souldiers and 〈◊〉 who are no kings in such a defensive warre Sixthly suppose the King should be captivated or violently led away by any forraign or domesticke enemies to him and the kingdome and carried along with them in the field to countenance their warres and invasions upon his loyallest Subjects by illegall warrants or Commissions fraudulently procured or extorted from him If the Parliament and Kingdome in such a case should raise an Army to rescue the King out of their hands and to that end encountring the enemies should casually wound the King whiles they out of loyalty sought onely to rescue him I would demaund of any Lawyer or Divine whether this Act should be deemed Treason Rebellion or Disloyalty in the Parliament or army Or which of the two Armies should in point of Law or Conscience be reputed Rebells or Traytors in this case those that come onely to rescue the King and so fight really for him indeed though against him in shew and wound him in the rescue Or those who in shew onely fought for him that they might still detaine him captive to their wills Doubtlesse there is no Lawyer nor Theologue but would presently resolve in such a case that the Parliaments Army which fought onely to rescue the King were the loyall Subjects and the Malignants army who held him captive with them the onely Rebels and traytors and that the casuall wounding of him proceeding not out of any malicious intention but love and loyalty to redeeme him from captivity were no trespasse nor offence at all being quite besides their thoughts and for a direct president It was the very case of King Henry the third who together with his sonne Prince Edward being taken Prisoner by the Earle of Leycester in the battle of Lewis and the Earle afterwards carrying him about in his Company in nature of a Prisoner to countenance his actions to the great discontent of the Prince the Earle of Glocester and other Nobles hereupon the Prince and they raising an Army encountred the Earle and his Forces in a battle at Evesham where the King was personally present slew the Earle Routed his Army and rescued the king in this cruell battell the king himselfe being wouded unawares with a Iavelin by those who rescued him was almost slaine and lost much of his blood yet in a Parliament soone after sommoned at Winchester Anno 1266. the Earle and his Army were dis-inherited as Traytors and Rebels but those who rescued them though with danger to his person rewarded as his loyall subjects And is not this the present case A company of malignant ill Councellors Delinquents Prelates Papists have withdrawne his Majestie from his Parliament raised an Army of Papists Forraigners Delinquents and Male-contents to ruin the Parliament Kingdome Religion Lawes Liberties to countenance this their designe they detaine his Majestie with them and engage him all they can on their side the Parliament out of no disloyall intention but onely to rescue his Majesties person out of their hands to apprehend delinquents preserve the Kingdome from spoyle and defend their Priviledges Persons Liberties estates religion from unjust invasion have raised a defensive Army which encountred these Forces at Edgehill where they say the King was present slew the Lord Generall Earle of Lindsey with many others and as they never intended so they offered no kind of hurt or violence at all to his Majesties person then or since and now full sore against their wils Petitions endeavours for peace they are necessitated to continue this offensive warre for their owne and the Kingdomes necessary preservation The sole question is Whether this Act this Defensive Warre of the Parliament and their Forces be high Treason or Rebellion and who are the Traytors and Rebells in this case Certainly if I understand any Law or Reason the Parliament and their Forces are and must be innocent from these crimes and their opposite Popish Malignant Cavaleers the onely Rebels and Traytors as this Parliament the onely proper Judge of Treasons hath already voted and declared them in point of Law Seventhly it is Littletoâ—s and other Law-bookes expresse resolutions That if a man grant to another the Office of a Parkership of a Parke for life the estate which he hath is upon condition in Law though not expressed that he shall well
grievances I ought not to prostitute my selfe to his mercy Neither would this be for the Kings honour that I should consent unto his will which is not grounded upon reason Yea I should doe an injury to him and to Iustice which he ought to use towards his Subjects and to maintaine And I should give an ill example to all by deserting Iustice and the prosecution of right for an erronious will against all Iustice and the injury of the Subjects For by this it would appeare that we loved our worldly possessions more then Iustice it selfe And whereas the Kings Counsellours object that wee have combined with the Kings capitall enemies namely the French Scots Welsh out of hatred and dammage to king and kingdome That of the French is altogether false and that of the Scots and Welsh too excepting the king of Scots and Leoline Prince of North-â—ales who were not the kings enemies but faithfull friends untill by injuries offered them by the King and his Counsell they were by coertion against their wills alienated from their fidelitie as I am And for this cause I am confederated with them that we may the better being united then separated regaine and defend our rights of which we are unjustly deprived and in a great part spoiled Whereas the Kings Counsell propose that I ought not to confide in my Confederates because the King without any great hurt to his Land can easily separate them from my friendship Of this I make no great doubt but by this the iniquity of his Counsellors doth most of all appeare that in some sort they would cause the King to sustaine losse by those whom he specially calls capitall enemies to injure mee who have alwaies beene his faithfull Subject whiles I remained with him and yet would be so if he would restore to me and my friends our right Whereas the said Counsellors say that the Pope and Church of Rome doe specially love the King and kingdome and will Excommunicate all his adversaries which thing is even at the dores because they have already sent for a Legate It pleaseth mee well said the Marshall because the more they love the King and kingdome by so much the more will they desire that the King should treat his Realme and Subjects according to justice And I am well pleased they should excommunicate the adversaries of the Kingdome because they are those who give Counsell against Iustice whom workes will manifest because Iustice and Peace have kissed each other and because of this where Iustice is corrupted Peace is likewise violated Also I am pleased that a Legate is comming because the more discreet men shall heare our justice by so much the more vilely shall the adversaries of Iustice be confounded In which notable discourse we see the lawfullnesse of a necessary defensive Warre yeelded and justified both by the King his Counsell and the Earle Marshall as well against the King himselfe if he invade his Subjects first as any of his Forces who assist him After which the Marshall flew many of his Enemies by an Ambufâ—ado while they thought to surprise him and wasted and spoiled their goods houses lands observing this generall laudable rule which they made to doe no hurt nor ill to any one but to the Kings evill Counsellors by whom they were banished whose goods houses woods Orchards they â—poiled burnt and rooted up The King remaining at Glocester heard of these proceedings of the Marshall but his forces being too weake he durst not encounter him but retired to Winchester with Bishop Peter confounded with over much shame leaving that Country to be wasted by his adversaries where innumerable carcases of those there slaine lay naked and unburied in the wayes being food to the beasts and birds of prey a sad spectacle to passengers which so corrupted the ayre that it infected and killed many who were healthy Yet the Kings heart was so hardned by the wicked councell he followed against the Marshall that the Bishops admonishing him to make peace with him WHO FOVGHT FOR IVSTISE he answered that he would never make peace with him unlesse comming with an halter about his necke and acknowledging himselfe to be a Traytor he would implore his mercy The Marshall both in England and Iâ—eland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmans quod 〈◊〉 sibi de jâ—re quod suum er at reâ—etere posse Regis Coâ—sil orum sicorum modis omnibus quibus poterat infirmare William Roshanger in his continuation of Matthew Paris speaking of the death of Simon Monfort Earle of Leycester slaine in the Battle of Evâ—sham the greatest Pillar of the Barrons warres useth this expression Thus this magnificent Earle Symon ended his labors who not onely bestowed his estate but his peâ—son also for releiefe of the oppression of the poore for the asserting of Iustice and the right of the Realme he was commendably skilfull in learning a dayly frâ—quenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecâ—lesiasticall persons He earnestly adheared to Robert Grosthead Bishop of Lincolne and committed his children to his education By his advise he handled difficult things attempted doubtfull things concluded things begun specially such things whereby he thought he might gaine desert Which Bishop was said to have enjoyned him as he would obtaine remission of his sinnes that he should undertake this cause for which he contended even unto death affirming that the peace of the Church of England could never be estaâ—lished but by thâ— materiall sword and constantly averting THAT ALL WHO DIED FOR IT WERE CROWNED WITH MARTYRDOME Some say that this Bishop on a time laying his hand on the head of the Earles eldest sonne said unto him O most deare sonne thou and thy father shall both dye on one day and with one hand of death YET FOR IVSTICE AND TRVTH Fame reports that Symon after his death grew famous by many miracles which for feare of the King came not in publicke Thus this Historian thus Robert Grosthead the most devout and learned Bishop of that age who most of any opposed the Popes Vsurpations and exactions determine of the justice and lawfulnesse of the Barons Warres Walter Bishop of Worcester concurring in the same opinion with Grosthead The same author Rishanger records that the Earle of Glocester a great stickler in these warres against the king with whom at last he accorded signified to the King by his Letters Patents under his seale that he would never â—eure Armes against the King his Lord nor against his Sonne Prince Edward NISI DEFENDO but onelâ— in his Defence which the King and Prince accepting of clearely proves that defensive Armes against King or Prince were in that age generally reputed Lawfull by King Prince Prelates Nobles People I may likewise adde to this what I read in Matthew Westminster that Richard Bishop of
Rebellion nor Trespasse in the Barons against the king or kingdome but a warre for the honour of God the salvation of the king the maintenance of his Crowne the safety and common profit of â—ll the Realme much more must our Parliaments present defensive warre against his Majesties 〈◊〉 Councellors Papists Malignants Delinquents and men of desperate fortunes risen up in Armes against the Parliament Lawes Religion Liberties the whole Kingdomes peace and welfare be so too being backed with the very same and farre better greater authority and more publike reasons then their warre was in which the safety of Religion was no great ingredient nor the preservation of a Parliament from a forced dissolution though established and perpetuated by a publike Law King Henry the 4 th taking up Armes against King Richard and causing him to be Articled against and judicially deposed in and by Parliament for his Male-administration It was Enacted by the Statute of 1. Hen. 4. cap. 2. That no Lord Spirituall nor Temporall nor other of what estate or condition that he be which came with King Henry into the Realme of England nor none other persons whatsoever they be then dwelling within the same Realme and which came to this King in aide of him to pursue them which were against the Kings good intent and the COMMON PROFIT OF THE REALME in which pursuite Richard late King of England the second after the Conquest was pursued taken and put in Ward and yet remaineth in Ward be impeached grieved nor vexed in person nor in goods in the Kings Court nor in none other Court for the pursuites of the said King taking and with-holding of his body nor for the pursuits of any other taking of persons and cattells or of the death of a man or any other thing done in the said pursuite from the day of the said King that now is arived till the day of the Coronarion of Our said Soveraigne Lord Henry And the intent of the King is not that offendors which committed Trespasses or other offences out of the said pursuits without speciall warrant should be ayded nor have any advantage of this Statute but that they be thereof answerable at the Law If those then who in this offensive Warre assisted Henry the 4 th to apprehend and depose this perfidious oppressing tyrannicall king seduced by evill Counsellors and his owne innate dis-affection to his naturall people deserved such an immunity of persons and goods from all kinds of penalties because though it tended to this ill kings deposition yet in their intentions it was really for the common profit of the Realme as this Act defines it No doubt this present defensive Warre alone against Papists Delinquents and evill Counsellors who have miserably wasted spoiled sacked many places of the Realme and fired others in a most barbarous maner contrary to the Law of Armes and Nations and labour to subvert Religion Laws Liberties Parliaments and make the Realm a common Prey without any ill intention against his Majesties Person or lawfull Royall Authority deserves a greater immunity and can in no reasonable mans judgement be interpreted any Treason or Rebellion against the king or his Crowne in Law or Conscience In the 33. yeare of king Henry the 6 th a weake Prince wholly guiâ—ed by the Queene and Duke of Somerset who ruled all things at their wills under whose Government the greatest part of France was lost all things went to ruine both abroad and at home and the Queene much against the Lords and Peoples mindes preferring the Duke of Sommerset to the Captain ship of Calice the Commons and Nobility were greatly offended thereat saying That he had lost Normandy and so would he doe Calice Hereupon the Duke of Yorke the Earles of Warwicke and Salisbury with other their adherents raised an Army in the Marches of Wales and Marched with it towards London to suppresse the Duke of Sommerset with his Faction and reforme the Governement The king being credibly informed hereof assembled his Host and marching towards the Duke of Yorke and his Forces was encountred by them at Saint Albanes notwithstanding the kings Proclamation to keepe the Peace where in a set Battell the Duke of Somerset with divers Earles and 8000. others were slaine on the kings part by the Duke of Yorke and his companions and the king in a manner defeated The Duke after this Victory obtained remembring that he had oftentimes declared and published abroad The onely cause of this War to be THE ADVANCEMENT OF THE PVBLIKE WEALE and TO SET THE REALME IN A MORE COMMODIOVS STATE and BETTER CONDITION Vsing all lenity mercy and bounteousnesse would not once touch or apprehend the body of King Henry whom he might have slaine and utterly destroyed considering that hee had him in his Ward and Governance but with great honour and due reverence conveyed him to London and so to Westminster where a Parliament being summoned and assembled soone after It was therein Enacted That no person should either judge or report any point of untruth of the Duke of Yorke the Earles of Salisbury and Warwicke For comming in Warlike manner against the King at Saint Albanes Considering that their attempt and enterprise Was onely to see the Kings Person in Safeguard and Sure-keeping and to put and Alien from Him the publike Oppressors of the Common wealth by whose misgovernance his life might be in hazard and his Authority hang on a very small Thred After this the Duke anâ— these Earles raised another Army for like purpose and their owne defence in the 37 and 38 yeares of H. 6. for which they were afterwards by a packed Parliament at Coventree by their Enemies procurement Attainted of high Treason and their Lands and Goods confiscated But in the Parliament of 39. H. 6. cap. 1. The said attainder Parliament with all Acts and Statutes therein made were wholly Reversed Repealed annulled as being made by the excitation and procurement of seditious ill disposed Persons for the accomplishment of their owne Rancor and Covetousnesse that they might injoy the Lands Offices Possessions and Goods of the lawfull Lords and liege People of the King and that they might finally destroy the said lawfull Lords and Liege People and their Issues and Heires forever as now the Kings ill â—ounseilors and hungry Cavalleers seek to destroy the Kings faithfull Liege Lords and People that they may gaine their Lands and Estates witnesse the late intercepted Letter of Sir Iohn Bâ—ooks giving advise to this purpose to his Majestie and this Assembly was declared to be no lawful Parliament but a devillish Counsell which desired more the destruction then advancement of the Publike weale and the Duke Earles with their assistants were restored and declared to be Faithful and Lawful Lords and Faithful liege People of the Realme of England who alwaies had great and Fathfull Love to the Preferrement and Surety of the Kings Person according to their Duty If then these two Parliaments acquitted
men deliver an equall defence of their owne and of strangers but specially of confederates from whom we must keepe off an injury and that this defence is both of divine and humane law Plato thinkes he ought to be punished that keepes not back an injury offered to another Now that which Plato and these Interpreters say of private Citizens we may very well apply to Princes and people for what reason there is of a private man in a private City there is the same in the publicke and universall City of the world of a publique Citizen that is of a Prince of the people of a Prince As a private man hath relation to a private man so a Prince to a Prince saith Baldus A man is a Citizen to a man in the greater City and borne for mutuall succour saith Seneca And because we are one body if one member will hurt another member it is meete the others should helpe that which is hurt because it concerneth the whole even that which hurteth that the whole be preserved So men should helpe men for society cannot be preserved but by the love and safety of the people Vespatian cannot be approved who denies ayde I know not to whom upon this pretence because the care of other mens affaires appertained not to him for what good man is there who doth nothing but for his owne sake Cicero againe even to Lazius King of Persia that he is not therefore just because he doth nothing unjustly unlesse also he defended the unjustly oppressed and by that meanes they obtained helpe and bands of Souldiers against the Romans for it is not a strange thing amongst men for a man to defend the estates and safety of men Cicero had said the same he should have respect if not of the man yet of humanity which is due to every one from every one for this very cause because they are equally men and humane nature the common mother of all men commends one man to another It is a noble example of the barbarous King of Mauritania who when he heard that his enemie Alfonse king of Castile was pressed and almost oppressed by the Armies of his sonne hee sent a hughe masse of gold unto Alfonso he himselfe went over with a great Armie of Souldiers into Spaine judging it a most unworthy thing that his Sonne should expell his Father from his Kingdome adding withall that the victory obtained he would be an enemie againe unto the same Alfonso What doe I feare the Barbarians enemies also and bringing gifts That the deed of an enemy should be taken in the worst sence doth Guiccardine say truth that these things are not done of any but in hope of some profit The saying of Guicciardine is dispraised by noble Mountaygn in those his Noble examples I demand of what right it is It is a question if any be bound by Law to defend another when he can and they seeme commonly to deny this and the Law sometimes saith that we may without offence neglect other mens affaires but our proper question is if any can thus justly defend another wherein no man denieth just defence even for the defence of a stranger it is lawfull to kill another by the opinion which is approved of all Doctors yea the defence of him is approved that neglects to defend himselfe yea that refuseth to be defended by another whether a friend defend him or another even an enemie and thus it is called the rule of humanity and so a benefit to be conferred often times upon the unwilling So also there be many other definitions Also they conclude by an argument not firme enough that way in another questâ—on that a man may take money for defending another which he should receive dishonestly if he were bound to defend him by law for may not a servant get a reward from him whom yet notwithstanding he might not neglect without punishment neither is it dishonestly given nor dishonestly taken in way of thankefulnesse So it is not ill taken of a Citizen from a Citie nor by a sonne from a father for truely it is manifest thaâ— many things cannot be done without offence and therefore if done they are worthy of rewards yet not of punishment if they be not done Againe somethings on the contrary neglected indeed contract offence but reformed they merit not glory so Bernard to which I adde a meane that there be some things which being neglected contract offence and fulfilled deserve reward But also even in the Court of conscience they will have a man to be bound to defend a man But conscience is the will of a good man yea of the best but they deliver this also even in the way of honesty and we follow honesty here and that arbiterment but both in Civill and Canon Law against the rest Bartolus inclines thus Albericus Igneus Decius Alcâ—atus Molineus so teach and Baldus elegantly that it is a fault to omit the defence of another of himselfe a treachery which also in another place he determines Plaâ—o is also of this mind and thus also Siracides free him to whom injury is done out of the hand of the injuriâ—us I also am of the same minde especially if which the forenamed interpreters adde defence be not made with the danger of the defender For no man is bound to put himselfe in danger no man is bound so to assist against a fire Otherwise thou hearest Constantine say that they which live by the rule of Gods Law account an injury done to another to be their owne Behold that thus also he ayded the Romans against Maxentius Heare againe Baldus his Lawyer he that defends not nor resists an injury is as well in fault as he that forsakes his parents or friends or Country and if these be true in private men how much more will they be in Princes These mutually call themselves Cosens Cosen-germans Brothers They are so much the more true in Princes by how much if a private man defend not a private man the majestrate remaines that can both revenge the wrongs and repaire the losses of private men but there is none can peece up the injuries and hurts of Princes but the same Prince who after had rather apply a medicine to the evill than hinder at the first that evill be not done These things are true but that also you may hold with Baldus that although these were not true out of Philosophie of judgements which is of things necâ—ssary theâ— arâ— câ—â—tainely true from Philosophie of manners which consists of things perswâ—dâ—d which Philosâ—phie also we follow in this whole â—reatise The Philosophie of Iudgements permits a man to neglect even himselfe as Baldus writes and if besides as it falls out almost alwayes another speciall cause be joyned to this generall rule of honesty it may come neerer to justice Let the opinion verily be true
another Prince neither doe I suffer those things to bee distinguished which are most firmely glued together by nature I meane that kinred with all among all Neither here otherwise may one Prince have inspection over another Prince but such as may happen by every other Warre wherein one Prince carries himselfe as a judge both of himselfe and of another If a question were among private men it were most unjust to goe to a Forraigne Prince about it Also if there arise a difference betweene a private man and his Soveraigne there are Magistrates appointed which may be sought unto But when the controversie is touching the Common-wealth there neither are nor can be any judges in the City I call that a publike matter when such and so great a part of the Subiects is moved that now there is need of Warre against those that defend themselves by Warre And as if those should come into part of the Principality of the publike and are Peeres to the Prince who can doe so much as hee Even as one King is said to be equall to another who can resist another offering wrong however greater and more powerfull although I say not these things of the Subjects themselves unlesse it be in respect of Forraigne Princes which will ayde the Subject against their Soveraigne and who can ayde them no otherwise then in a controversie as I have expounded of the Common-wealth And indeede if the Subjects be used more cruelly and unjustly this opinion of defending is approved even of others who both bring that laudable example of Hercules the Lord of Tyrants and Monsters There is also the example of Constantine who ayded the Romans against Maxentius as I noted before We defend Sonnes against injust Fathers Adde now those golden Sayings of Seneca That being cut off whatsoever it was whereby he did cleave unto me the Society of humane right is cut off If he doe not impugne my Countrey but is burdensome to his owne and being bannished my Countrey doth vexe his owne yet so great naughtinesse of minde hath cut him off although it maketh him not an enemy yet hatefull unto mee And the reason of the duty which I owe unto mankinde is both more precious and more powerfull with me then that which I owne to one single man Thus verily or else we make all men forreigners to all Princes if we determine that they can doe according to their pleasure and lust Now what if the cause of the Subject be unjust The foresaid Authors deny that men ought to ayde uniust Forraigne Subjects least any by so ayding introduce the same Law into his owne Kingdome which the Corinthians did before Yea Aristotle thinkes that neither a wicked Father is to be loved nor assisted with helpe But this is false of a Father as I taught in a certaine Disputation perhaps it is more true that those may be defended of us by war who are unjust For if it be a just warre which is to repulse a wrong although they that repulse an injury have given occasion to the warre the same it seemes may be determined in the defence of others even of Subjects for the same reason Surely there is that iniquity in Warre that it will make the same man to pronounce law to himselfe in his owne cause or verily willing to pronounce it Vpon which pretence another Prince may bring ayde on the contrary side that things may more civelly be composed without warre And this is that which Pyrrhus did when he came to ayde the Tarentines against the Romanes he admonished them first that they would by their owne endeavour put an end to the Controversie although neither the Romans would not unjustly hearken unto the King or because they might deservedly suspect him as being sent for by enemies armed with enemies ready to fight for enemies and of kinne to enemies Hee that stands armed with another is said to bring helpe and ayde unto him neither is there neede to proove any thing against that at all Even he that armes himselfe is beleeved to thinke upon warre And if he that is the friend of an enemie bee excluded from being a witnesse much more from being a Iudge For it is easier if any be received for a witnesse then a Iudge The friend of my enemy is not presently ment my enemy as neither my friends friend is my friend but there is a great suspition of them both and of the friend of an enemy the more But I returne to the question We are bound both to defend justly unjust Sonnes against the cruelty of a Father or Servants against the cruelty of a Master and we laudably indeavour that by fury here is Warre no not wicked men should be chastened and punished for fury and warre have no measure And he that led by humanity or pitty or any other approved and just cause hath received another mans Servant is not bound by the Statute of a corrupt Servant and that reception is accompted in the nature of good c. Even he is commended who being angry with his servants committed them to be punished by another this commendation being added because he himselfe was angry Therefore a good Prince will have the Liberty of rage against his own Subjects to be taken from him being angry as a good Father as a good Master and he will alwaies judge That Kingdomes were not made for Kings but Kings for Kingdomes which is most true This also of Plato availeth that we ought to use Eloquence chiefely to accuse our friends to whom it is the best thus to be drawn from future evils And so I thinke that we may defend unjust Forreigne Subjects yet to this end onely for the keeping off immoderate cruelty and too severe punishment Seeing it is not inhumane to doe good to those that have offended Yet I dare affirme that this reason of bringing helpe doth seldome stand alone but that another of necessity and profit may be pretended or truely shewn as is said before Behold now is the greatest question If the English have justly ayded the Hollanders because their cause was unjust the Hollanders were even now Subjects to the Spaniards both which notwithstanding are false It was said that a Warre was to bee undertaken upon that occasion that a good Peace might be obtained of the Spaniard which otherwise as is thought could not have beene had And so truly Warre is lawfully undertaken as our men alledge And the most wise reason of the Physicians maketh for it That if any Feaver be slow which holds the body and which yeelds to no cure then the Disease is to be changed yea to bee augmented and heightned For when it doth not receive cure for the present as it is it may receive that cure which is future But even Warre might have beene undertaken without that evill of an unfaithfull Peace As there be many bonds of neerenesse
and flee from when as they want power meanes or convenience to resist it they may no doubt lawfully resist even with force of Armes when they have sufficient meanes and conveniences to resist and cannot flee or submit thereto without the publicke ruine since the same justice and equity which enables them by flight or stratagem to decline unjust assaults of a superior power or its judgements doth likewise enable them to escape and prevent it with resistance when they cannot doe it by flight or other policiâ— If then they may lawfully with a safe conscience hide flee or use lawfull policies to prevent the open injust violence of their kings and their Officers when not guilty of any capitall crime deserving censures because by the very light of nature and Law of Charity they are obliged to preserve themselves from unjust tyrannie and are no wayes bound to subject themselves to the cruelty the unjust assaults or oppressions of others then by the selfesame reason they may lawfully with force of Armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto when as they cannot conveniently secure themselves and the publicke but by such resistance and should both betray their owne the publicke safety and Religion as the Subjects and Parliament should now do in case they did not resist by force of Armes to the utmost of their power and become worse than Infidels who have even thus oft provided for their owne and the Republickes securitie Fifâ—ly God himselfe the fountaâ—ne of justice the God of Order the preserver of humane society who detests of all tyranny cruelty oppression injustice out of his Philanthropie which brought the Sonne of his bosome from heaven to earth would never certainely in point of policy or conscience prohibit that which is the onely probable meanes and apparent remedy to prevent suppresse disorder tyranny cruelty oppression injustice yea confusion in the world and to preserve good order and humane society a truth so apparent that no rationall man can contradict it Therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence and hostile invasion made upon their people to ruine them or subvert their established government Laws Liberties Iustice Religion There being no other probable ordinary meanes left to any Kingdome Nation People to preserve their government lives Lawes Liberties Religion and to prevent suppresse or redresse tyrannie cruelty disorder confusion yea utter ruine when their Kings and Governors degenerate into Tyrants invading them with open force but onely defensive Armes prayers and teares alone without military opposition by force of Armes being no more able to defend a person City or Kingdome against Opprâ—ssing Princes and their Armies then against theeves Pyrates or common enemies whom they must and ought to resist as well with Armes as Orisons with Speares as well as Teares else they should but tempt the Lord and destroy themselves like those Iewes and Gothes who would not fight upon the Sabbath and so were slaine by their enemies without resistance yea wilfully suffer the Common-weale to be subverted Religion exâ—irpated Lawes trampled under feete their own posterities to be enslaved ruined without any opposition even in a moment For were it utterly unlawfull and no lesse then Treason or Rebellion in point of conscience for any subjects to take up Defensive Armes to resist the Kings army or forces consisting for the most part of Papists Delinquents deboist Athesticall persons of broken fortunes seared consciences and most irreligious lives I appeale to every mans conscience how soone these unresisted Instruments of cruelty would utterly extirpate our protestant Religion and common faith for which we are enjoyned earnestly to contend and strive 〈◊〉 3. Phil. 1. 27. 28. And shall we then yeeld it up and betray it to our adversaries without strife or resistance how sodainely would they ruin our Parliament Lawes Liberties subvert all civill order government erect an arbitrary Lawlesse tyrannicall Regency regulated by no lawes but will and lust how soone would they murther imprison execute our Noblest Lords Knights Burgesses best Ministers and Commonwealths-men for their fidelity to God their King and Country how many Noble families would they disinherite how many wives widdowes Virgins would they force and ravish what Cities what Countries would they not totally pillage plunder sack ruine consume with fire and sword how soone would our whole Kingdome become an Acheldama a wildernesse a desolation and the surviving inhabitants either slaves or beasts if not devils incarnate Yea how speedy might any private Officers Captaines Commanders by colour of illegall Comâ—issions and commands from the King or of their Offices and all the notorious rogues and theeves of England under colour of being listed in the Kings Army if the people might not in point of Law or Conscience resist them with Armes who came armed for to act their villanies maliciously rob spoyle plunder murther all the Kings leige people without any remedy or prevention and by this pretext that they are the Kings Souldiers sodainely seise and gaine all the armes treasure forts ammunition power of the Realme into their possessions in a moment and having thus strengthned themselves and slaine the Kings faithfull subjects usurpe the crown it selfe if they be ambitious as many private Captaines and Commanders have anciently slaine divers Roman and Grecian Emperours yea sundry Spanish Gothish and Moorish Kings in Spain by such practises and aspired to their Crowns of which there are sundry such like presidents in most other Realmes to prevent redres which severall destructive mischiefes to People Kingdome Kings themselves God himselfe hath left us no other certaine proper sufficient remedy but a forcible resistance which all Kingdomes Nations throughout the world haue constantly used in such cases as I shall manifest more largely in the Appendix Therefore certainely it must needs bee lawfull being Gods and Natures speciall Ordinance to secure innocent persons Cities Nations Kingdomes Lawes Liberties Lives Estates Religion and mankinde it selfe against the hurtfull Lusts of unnaturall Tyrants and their accursed instruments against ambitious treacherous male-contented Spirits maliciously bent against the publicke weale and peace There are two things onely which usually restraine inferiour persons from murthering robbing disseising injuring one another the one is feare of punishment by the Magistrate the other feare and danger of being resisted repulsed with shame and losse of limbe or life by those they violently assault injure and were this once beleeved received for Law or Divinity in the world that it were unlawful to resist repulse a theefe murtherer riotor or disseisor comming in the Kings name long enjoy his life goods liberty lands but some or other would deprive him of them notwithstanding all restraints of Lawes of penalties and maintaine suites against him with his owne estate violently seised on the right of lawfull defence being every
these speeches or the practise or in David pertinent to the case in dispute for when Davids men moved him to kill Saul and would have risen up against him to slay him David refused to act or suffer his men to do it neither Saul nor any of his men did actually assault David or his followers nor so much as once discover them but Saul went casually to cover his feet into the Cave where they lay hid which done he rose up and went on his way not once espying David though hâ— cut off the skirt of his Robe privily nor any of his men with him To argue therefore That David and his men might not with a safe conscience stretch forth their hands and rise up against their Soveraingne king Saul to kill him thus in cold blood when he assaulted them not nor so much as thought of their being in the Cave and went out of it quietly not discovering them Ergo they might not they would not in conscience have resisted repulsed him or his Forces had they assaulted or given them battell in the Cave is a Non-sence Conclusion just in effect the same with this I may not resist or repulse one who assaults me not Ergo I may not resist one that actually assaults me to take away my life or to beat rob wound me What Logick Reason Law or Divinitie is there in such an argument So after this when Abishai said to David God hath delivered Saul thine enemie into thy hand this day now therefore let me smite him I pray thee with the spear even to the earth at once I will not smite him the second time And David said to Abishai Destroy him not for who can stretch forth his hand against the Lords Anoynted to wit to slay him purposely as Abishai intended and be guiltlesse The Text is expresse That Saul and his men were then in their own Trenches fast a sleep because a deep sleep from the Lord was fallen upon them David and Abishai were here the onely assailants they came into Sauls Trenches he and his whole army were in so sound a sleep that they came to Sauls own person took away with them his Spear and the Cruse of water from his Bolster and departed not being once discerned No man resists assaults discovers them To slay Saul thus in cold blood without any assault or present provocation and especially upon a private quarrell had been Treachery and impiety in a Son-in-Law a Servant a Subject a Successour and to do it with the hazard of their own lives had any of Sauls Army been awakened at the stroke Abishai would have given him as probably they might have been they being but two and within their enemies Trenches in the midst of the Army who might have easily and speedily slain them had been rashnesse indiscretion their departure with the Spear and Cruse was more Heroicall Loyall prudentiall To conclude therefore as our Opposites do from this speech and example That David thought it unlawfull in point of Conscience for him or Abishai to murther his Soveraign Lord King Saul when he and his men were thus fast asleep in the midst of their Trenches offering them no wrong making no actuall assaults upon them Ergo they could not would not iustly with safe consciences have forcibly defended themselves against Saul and his Army had they been assaulted by them in their own Trenches is a trascendent absurdity refuted by the very next words of David to Abishai at that instant 1 Sam. 26. 10. And David said furthermore As the Lord liveth the Lord shall smite him or his day shall come to die or he shall DESCEND INTO BATTELL AND PERISH which intimates that if Saul would force him to a battell then he might lawfully defend himself against his violence though he might not murther him now in his sleep when he did him no harm and if he casually perished in the battell it was Sauls own wilfull default not his who could not disswade him by all this his fair carriage and sparing of his life when he had those two advantages to slay him from his violent prosecution nor yet succeed him in the Crown as God had appointed and foretold should he suffer him to murther him and his men in battell without resistance Yea Davids earnestnesse to go with Achish and the Philistines to the battell against Saul wherein he perished 1 Sam. 29. unlesse we will taxe David for a notable Hypocrite and dissembler unanswerably evidenceth that he deemed it lawfull to resist to encounter Saul and his Forces in battell not withstanding his person might chance to perish in the fight though not to slay him treacherously and basely upon the precedent advantages And his slaying of that lying Amalekite who brought him tydings of Sauls death reporting that himself had slain him to gain a reward from David he being then one of Sauls souldiers as it seems concludes onely that it was not lawfull for any of Sauls own men to sâ—y him by his own command Not that resistance of him in the open battell was unlawfull in point of conscience Other answers might be given to this Objection concerning David and Saul As 1. that this difference was but private and personall between Saul and David David being then Sauls private subject Servant Son in Law not publike between Saul his whole Parliament or Kingdom now many things are unlawfull to be done in private quarrels which are iust and honourable in publike differences Secondly that David himself though he thus forbore to murther Saul yet he tels him 1 Sam. 24. 10 11 12. This day thine eyes have seen how that the Lord had delivered thee to day into mine hand in the Cave and some bad me kill thee but mine eye SPARED THEE and I said I will not put forth my hand against my Lord for he is the Lords anoynted Moreover my father see yea see the skirt of thy Robe in my hand for in that I cut off the skirt of thy Robe and KILLED THEE NOT know thou and see that there is neither evill nor transgression in mine hand and I have not sinned against thee yet thou huntest my soul to take it The Lord judge between me thee and the Lord avenge me of thee but mine hand shall not be upon thee and plead my cause and deliver me out of thine hand And after this upon the second advantage he useth like words The Lord render to every man according to his righteousnes faithfulnes for the Lord delivered thee into my hand to day but I would not stretch forth my hand against the Lords annointed And behold as THY LIFE WAS MVCH SET BY THIS DAY IN MY EYES so let my life be much set by in the eyes of the Lord and let him deliver me out of all tribulation Wherein David declared that God had given up Sauls life into his power that it was his owne meer goodnesse that moved him to spare Saul contrary to
have been so esteemed in those times And thus I hope I have satiâ—factorily answered this objection without shifts or evasions and rectified these mistaken Fathers meanings with which our Opposites have seduced the illiterate over-credulous vulgar I have now through Gods assistance quite run through all Obiections of moment from Scripture Reason Fathers against the lawfulnesse of the Parliaments present defensive war and discovered divers grosse errors yea Impostures in our Opposites writings wherewith they have perverted many mens Consciences and cheated the ignorant seduced world I shall therefore here adjure them in the presence of Almighty God as they will answer the contrary before his Tribunall at the Day of Iudgement seriously to consider these my answers and publikely to retract those their Errors false grosse mis-interpretations perveâ—sions of Scriptures Authors which I have here discovered And since they pretend nothing but the satisfying and keeping of a good Conscience in by others concerned in this Controversie to shew a syncere ingenuous Conscience therein themselves where they have been mistaken since the contestation pretended is not for Victory Time-serving or Self-seeking but for Truth Gods glory and the publike weal and if I have over-shot my self in any thing I shall promise them a thankfull acknowledgement and ready paline dy upon their information and conviction of any apparent oversights I may casually fall into Now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive Arms against their Soveraigns bent to subvert Religion Laws Liberties the Republike or deem it is a late upstart Novelty I shall conclude this discourse with such personall naturall and publike authorities as they shall not be able to balance with counter-resolutions in which I shall be as brief as I may be For personall Authorities I shall not be ambitious to remember many especially Papists whose common constant received opinion and practise hath alwayes been and yet is That Subjects upon the Popes command alone and absolution of them from their Soveraigns allegiance may and ought to take up even offensive Arms against their owne naturall Princes excommunicated interdicted deposed or onely declared contumacious Schismâ—ticall or Hereticall by the Pope without yea against their Kingdoms Parliaments privities or consents much more then with their approbation What Papists have determined and practised in this very point you may read at large in Gratiau himself Causa 15. Quaest. 6. and Causa 23. in the very Oath of Supremacie and Statut of 3. Iacobi ch 4. which prescribes it in Bishop Iewels view of a seditious Bull in Doctor Iohn Wâ—ite his Defence of the way Chap. 6. 10. in Abbas Vsper geâ—sis Sabellicus Valateranus Grimston and others in the Lives of the Roman and German Emperours in Aventine his Annalium Boyorum the Generall and Particular Histories of France Sparn Germany Italy Sicily Hungary England in Bishp Bilsons third part of the True Difference between Christian Subjection and unchristian Rebellion In suâ—dry Sermons on the fift of November to which I shall refer you In Pope Paschal his letter to Robert Earl of Flanders about the year of our Lord 1107. exorting him to war against those of Leige Henry the Emperour and his Assistants wheresoever he should finde them excommunicated and deposed as an Heretike and enemy to the Church telling him that he could not offer a more gratefull sacrifice to God then to ware against them concluding Hoc tibi Militibus tuis in peccatorum remissionem Apostolicae sedis familiaritatem praecipimus ut his laboribus triumphis ad Coelestem Hierusalem Domino praestante pervenias Which Let er was excellently answered by those of Leige And in the Councel of Towres in France under Lewes the twelfth Anno 1510. it was unanimously resolved by the Church of France That if the Pope did make war upon temporall Princes in lands which they held not of the patrimony of the Church they might lawfully by force of Arms resist and defend both themselves and others not only repulse this injury but likewise invade the lands of the Church possessed by the Pope their notorious enemy not perpetually to retain but to hinder the Pope from becomming more strong and potent by them to offend both them and theirs And that it was lawfull for such Princes for such notorious hatred and unjust invasion to withdraw themselves from the Popes obedience and with armed force to resist all censures denounced by the Pope against them their subjects and Confederates and that such sentences ought not to be obeyed but are mear nullities in law which obliege no man Yet I must inform you further in brief that Iohn Maior a Popish Schoolman in Lib. 4. Sentent as Grotius writes affirms That the people cannot deprive themselves of the power not onely of resisting but deposing Kings in cases which directly tend to their destruction and that Iohn Barclay a late Scottish Priest though a strenuous defendor of Princes Prerogatives expresly averres That if a King will alienate and subiect his Kingdom to another without his subiects â—onsents or be carried with atrâ—e hostile minde to the destâ—uction of all his people that his Kingdom is thereby actually lost and forfeited so as the people may not onely absolutely resist and disobey but depose him and elect another King to which Hugo Gortius a Protestant freely subscribes and Iohn Bodinâ—â— â—oweth of Subjects resistance yea deposing kings in some Kingdoms absolutely and in some cases generally in all De Repub. l. 1. c. 10. l. 1. c. 5 l. 5. c. 5. 6. For Protestant personall authorities we have Huldericus Zuinglius Explanatio Articuli 40 41 42 43. Tom. 1. fol. 82. to 86. who allows not only Subiects actuall resistance but deprivation of Kings Where Princes set themselves to subvert Religion Laws Liberties and that by the common consent of the States in Parliament from whom Kings originally receive their Royall power and authority Martin Luther Bugenhagius Iustus Ionas Ambsdorfius Spâ—lotinus Melancthon Cruciger and other Divines Lawyers Statesmen Anno 1531. who published a writing in justification of defensive Arms by subjects in certains cases Sleidan Hist. lib. 8. 18 22. David Chrytraeus Chron. Saxoniae l. 13. p. 376. Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto p. 231. 232. 225 227 c. A book intituled De Iure Belli Belgici Hagae 1599. purposely justifying the lawfulnesse of the Low-countries defensive war Emanuel Meteranus Historia Belgica Praefat. lib. 1. to 17. David Parâ—us Com. in Rom. 13. Dub. 8. And. Quaest. Theolog. 61. Edward Grimston his Generall History of the Netherlands l. 5. to 17. passim Hugo Grotius de Iure Belli Pacis lib. 1. cap. 4. with sundry other forraign Protestant writers both in Germany France Bohemia the Netherlands and elsewhere Iohâ— Knokes his Appellation p. 28. to 31. George Bucanon De Iure Regni apud
to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled shâ—uld lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the Country of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwickâ— Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about iâ— The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumber land and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Bâ—rges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if
resolved That the Church-Wardens with the greater part of the Parishioners assents may lay a Taxe upon all the Parishioners according to the quantitie of their Lands and Estates or the number of Acres of Land they hold the Taxe there was four pence an Acre for Marsh-Land and two pence for Earable for the necessary reparation of the Church and that this shall binde all the Inhabitants so as they may be Libelled against in the Spirituall Court for non-payment thereof and no prohibition lieth The like hath been resolved in sundry other Cases And by the Common-Law of England whereby the breach of Sea-Walls the Country is or may be surrounded every one who hath Lands within the levell or danger which may have benefit or losse by the inundation may and shall be enforced to contribute towards the repair and making up of the Sea-walls and a reasonable Tax assessed by a Iury or the Major-part shall binde all the rest because it is both for their own private and the common good If the Law be thus unquestionably adjudged in all these Cases without the Kings assent then much more must this Assessement imposed by both Houses be obligatory in point of Law and Justice though the King consented not thereto since the Houses and whole Kingdom consented to it for their own defence and preservation Sixthly This is a dutie inseparably incident by the Fundamentall Law and originall compact of every Kingdom Citie Corporation Company or Fraternitie of men in the World that every Member of them should contribute proportionably upon all occasions especially in Cases of imminent danger toward the necessary charges defence and preservation of that Kingdom Citie Corporation Company or Fraternitie of which he is a Member without which contribution they could be neither a Kingdom Citie Corporation Company Fraternitie or have any continuance or subsistence at all Which Contributions are assessed by Parliaments in Kingdoms by the Aldermen or Common-Councell in Cities by the Master and Assistants in Fraternities and what the Major part concludes still bindes the Residue and the dissent of some though the Major or Master of the Company be one shall be no obstacle to the rest This all our Acts concerning Subsidies Aydes Tonnage and Poundage the daily practice and constant experience of every Kingdom Citie Corporation Company Fraternitie in the World manifests past all contradictions which being an indubitable veritie I think no reasonable man can produce the least shadow of Law or Reason why the Parliament representing the whole Body of the Kingdom and being the supream Power Counsell in the Realm bound both in Dutie and Conscience to provide for its securitie may not in this Case of extremitie legally impose this necessary Tax for their own the Kingdoms Subjects Laws Religions preservations of which they are the proper Judges Gardians and should not rather be credited herein then a private Cabinet Court-Counsell of persons disaffected to the Republike who impose now farre greater Taxes on the Subjects and plunder spoyl destroy them every where directly against the Law of purpose to ruine both Parliament Kingdom Religion Laws Liberties and Posteritie Seventhly It is confessed by all That if the King be an Infunt Non-Compos absent in Forraign remote parts or detained prisoner by an Enemy that the Kingdom or Parliament in all such Cases may without the Kings actuall personall assent create a Protector or Regent of their own Election and not onely make Laws but grant Subsidies impose Taxes and raise Forces for the Kingdoms necessary defence as sundry domestick and forraign Presidents in the preceding Parts and Appendix evidence And Hugo Grotius Iunius Brutus with other Lawyers acknowledge as a thing beyond all dispute Nay if the King be of full age and within the Realm if a forraign enemy come to invade it and the King neglect or refuse to set out a Navy or raise any Forces to resist them The Lords and Commons in such a Case of extremitie may and are bound in Law and Conscience so to do for their own and the Kingdoms preservation not onely in and by Parliament but without any Parliament at all if it cannot be conveniently summoned lawfully raise forces by Sea and Land to encounter the Enemies and impose Taxes and Contributions to this purpose on all the Subjects by common consent with clauses of distresse and imprisonment in case of refusall as I have elsewhere proved And if in Case of invasion even by the Common-Law of the Realm any Captains or Souldiers may lawfully enter into another mans ground and there encamp muster or build Forts to resist the Enemy or pull down the Suburbs of a Citie to preserve the Citie it self when in danger to be fired or assaulted by an Enemy without the speciall consent of King Parliament or the Owners of the Lands or Houses without Trespasse or offence because it is for the publike safetie as our Law Books resolve Then much more may both Houses of Parliament when the King hath through the advice of ill Councellors wilfully deserted them refused to return to them and raised an Army of Papists and Malignants against them and the Realm now miserably sacked and wasted by them as bad as by any forraign Enemies both take up Arms raise an Army and impose Assessements and Contributions by Ordinances unanimously voted by them against which no Lover of his Country or Religion no nor yet the greatest Royallist or Malignant can with the least shadow of Law or Reason justly except Eightly If they shall now demand what Presidents there are for this I Answer First That the Parliament being the Soveraign Power and Counsell in the Realm is not tyed to any Presidents but hath power to make new Presidents as well as new Laws in new Cases and mischiefs where there are no old Presidents or vary from them though there be ancient ones if better and fitter Presidents may be made as every Court of Justice likewise hath Power to give new Judgements and make new Presidents in new Cases and may sometimes swerve from old Presidents where there were no ancient Presidents to guide them even as Physitians invent new Medicines Chyrurgions new Emplaisters for new Diseases Ulcers or where old Medicines and Balsomes are inconvenient or not so proper as new ones And as men and women daily invent and use new Fashions at their pleasure Tradesmen new Manifactures without licence of King or a Parliament because they deem them better or more comely then the old Secondly I might demand of them by what old domestick lawfull Presidents His Majestis departure from the Parliament His Levying Warre against it His proclaiming many Members of it Traytors and now all of them Traytors and no Parliament His unvoting of their Votes in Parliament out of Parliament His imposing of Taxes and Contributions in all Countries where His Forces are beyond mens estates and annuall revenues His burning sacking pillaging murdering ruining of His own
delivered into the custody of the Barons that all Aliens within a certain time should void the Realm except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom and that faithfull and profitable natives of the Realm should thenceforth dispose of the affairs of the Kingdoms under the King But THE QUEEN instigated with foeminine malice contradicted it all she could whâ—ch made the people revile and cast dirt and stones at her as she was going to Windsore enforcing her to retire again to the Tower How William Long shamp Bishop of Ely Lord Chancellour of England Earl Iohn and others when they disturbed the peace of the Realm and turned Malignants were apprehended besieged imprisoned excommunicated and their Goods and Castles seised on by the Lords and Commons out of Parliament yea during the time of King Richard the first his absence and captivitie you may read at large in Roger de Hovedon Holinshed Daniel and others Why then the Lords and Commons in Parliament may not now much more do the like â—or their own and the whole Kingdoms safety I can yet discern no shadow of reason I will not trouble you with Histories shewing what violent unlawfull courses Kings and People have sometimes used to raise moneyes in times of warre by sacriledge rapine and all manner of indirect means I rather wish those Presidents and their occasions buried in eternall silence then reduced into practise and verily perswade my self that every ingenuous true born Englishman who hears a reall naturall affection to his Countrey or a Christian love to his Brethren the Parliament and Religion will according to his bounden duety the Protestation and Covenant which he hath taken rather freely contribute his whole estate if need so require towards the just defence of his Countrey Libertie Religion and the Parliament against the treacherous Conspiracies of the Pope Jesuites forraign Catholikes Irish Rebels English Papists and Malignants who have plotted their subvertions then repine at or neglect to pay any moderate Taxes which the Parliament shall impose or inforce the Houses to any extraordinary wayes of Levying Moneyes for want of ordinary voluntary supplyes to maintain these necessary defensive warres I shall close up all in a few words The Parliament hath much against their wills been inforced to this present defensive warre which they have a most just and lawfull power to wage and manage as I have elsewhere evidenced by the Fundamentall Laws of the Realm yea by the Law of God of Nature of Nations This warre cannot be maintained without Moneyes the sinews of it wherefore when voluntary contributions fail the Houses may by the same Laws which enabled them to raise an Army without the King impose necessary Taxes for the maintaining of it during the warres continuance else their Legall power to raise an Army for the Kingdoms defence would be fruitlesse if they might not Levy Moneyes to recrute and maintain their Army when raised which Taxes if any refuse to pay they may for this contempt be justly imprisoned as in cases of other Sudâ—idies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or sâ—duce or withdraw others by a factious slanderous speeches against the Power and Proceedings of the Parliament from assisting the Parliament in this kinde they may for such misdemeanours upon conviction be justly censured confined secured and their estates sequestred rather then the Republike Parliament Religion or whole Kingdom should miscarry It is better that one should perish then all the Nation being the voyce of God Nature and resolution of all Laws Nations Republikes whatsoever If any hereticall scismaticall or vitious persons which may poyson others with their pernicious false doctrinâ—s or vitious wicked lives appear in the Church they may after admonition if they repent not yea and de facto are or ought to be excommunited the Church and societie of all faithfull Christians so as none may or ought to converse with them till their repentance If this be good Law and Divinitie in the Church the banishing and confining of pestilent Malignants in times of warre and danger must by the self-same reason be good Law and Divinitie in the State â—I have now by Gods assistance notwithstanding all distracting Interruptions Avocations Remoraes incountring me in this service ran through all Objections of moment which the King or any opposites to this Parliament have hitherto made against their proceedings or jurisdictions and given such full answers to them as shall I trust in the generall abundantly clear the Parliaments Authoritie Innocency Integritie against all their clamarous malignant Calumnies convince their Judgements satisfie their consciences and put them to everlasting silence if they will without prejudice or partialitie seriously ponder all the premises and ensuing Appendix which I have added for their further satisfaction information conviction and the confirmation of all forecited domestick Laws Presidents by forraign examples and authorities of all sorts And if any shall yet continue obstinate and unresolved after so many convincing Reasons Presidents Authorities or still retain an ill opinion of the Parliaments proceedings I shall desire them onely seriously to consider the most execrable conspiracy of the Pope Jesuites and Popish party in all His Majesties three Realms to extirpate the Protestant Religion subvert the Government Parliament and poyson the King himself if he condescend not to their desires or crosse them in their purposes whom they have purposely engaged in these warres still continued by them for this very end to enforce the King to side with them and so gain possession of his person to accomplish this designe of theirs as is cleerly evidenced to all the world by Romes Master-Peece the English Pope the Declaration of the Lords and Commons concerning the Rise and Progresse of the Irish Rebellion and then advisedly to consider in what great present danger the Kingdom King Parliament and Religion are when the Popish Partie and forces now in Arms have gained the Kings Princes and Duke of Yorkes persons into their custodie the Cities of Chester and of late Bristoll the Keyes of England with other Ports to let in all the Irish Rebels upon us to cut our throats in England as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland it being one part of their designe now presently to be executed as appears by sundry Examinations in the Irish Remonstrance for which end some thousands of Irish Rebels who have all embrued their hands there in English bloud are already landed here and are in great favour and command about the King To which if they adde the omnipotent over-ruling power of the Queen the Head of that partie with the King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to
and refusing to assist at this pretended Parliament concluded a nullitie of all that should be decreed to prejudice the former Edict of Pacification protesting that they were resolved to maintaine themselves in the Rights Liberties and freedomes which the Edict had granted them That the troublers of the publike quiet and sworne enemies of France should finde them in a just defence and they should answer before God and men for all the miseries that should ensue thereby Yea the Prince of Conde answered more sharply That he did not acknowledge them assembled at Bloys for the Estates of the Realme but a Conventicle of persons corrupted by the sworn enemies of the Crowne who have solicited the abolition of the Edict to the ruine and subversion of the Realme That if they had beene lawfully called he would have assisted for the sincere affection he beares to the Kings service and the quiet of his Countrey that he will never give his consent to the counsels of the Authors of so many confusions which he foresees c. Hereupon a sixt civill Warre begins betweene these Catholike Leaguers and the Protestants whose good successe caused the King An. 1580. to make a new peace with the Protestants and grant them their former immunities The Leaguers discontented herewith begin to cast forth Libels against the King disgrace him in companies as a Sardanapalus and idle Chilpericke 〈◊〉 to be shaved and thrust into a Cloyster They cause the Preachers publikely in all places to terme him a Tyrant an Oppressor of his people by Taxes and a favourer of Heretikes And under a pretence of suppressing Heretikes reforming publike oppressions and settling the succession of the Crowne in case the King should die without Heire they contrary to the Kings command who disavows them and forbids all leavyes of warre raise a great Army and so enforce the king to publish a Declaration in his owne justification and to procure his peace with them to revoke all Edicts made in favour of the Protestants and make open warre against them Hereupon the King of Navarre next Heire apparent to the Crowne for preservation of his owne interest and the Protestants complains against the kings proceedings layes open the mischievous Plots of the Leaguers and then with the Prince of Conde and other Nobles Gentlemen Provinces Townes and Commonalties of both Religions He protests by a lawfull and necessary defence to maintaine the fundamentall lawes of families and the Estates and libertie of the King and Queene his Mother The Leaguers hereupon procure Pope Sextus the fift to excomunicate the king of Navar and Prince of Conde to degrade them and their Successors from all dignities from their pretentions to the Crowne of France and to expose their Countries and persons in prey to the first that should seize on them The Court of Parliament declares this Bull of the Pope to be void rash insolent strange farre from the modestie of former Popes pernicious to all Christendome and derogating from the Crowne of France The Princes likewise protest against and appeale from it as abusive and scandalous to the next free and lawfull Councell The Leaguers pursue their begun warres against the King of Navarre and Protestant party who protest to use all lawfull meanes to resist the violence of their enemies and cast all the miseries that shall ensue upon the Authors thereof Fresh warres are hereby prosecuted against the Protestants by the Leaguers German Forces come in to ayde the Protestants after macombates the King desires peace but the Leaguers will have none and assembling at Nancy they endeavour to force the King to make his Will and allow the Regency unto them to which end they conclude That the King should be urged to joyne his Forces effectually with the League To displace such from their Offices as should be named To bring in the in the Inquisition of Spaine and publish the Councell of Trent but with a moderation of such things as derogate from the priviledges of the French Church To consent to the restauration of the goods sold by the Clergy for the charges of the warre To give them Townes to be named and fortified as the time and necessitie required To forfeit the Huguenots bodies and goods and to entertaine an Army upon the frontiers of Lorraine against the Germanes After which the Duke of Guise approaching to Paris enters it against the Kings command who was jealous of him mutinies the Citizens against the King who thereby is forced to retire from thence for feare of being surprized by the Duke who plotted to seize his Person After which the Duke by the Queene Mothers mediation is reconciled to the King who for feare of his power by an Edict of re-union admits no religion but the Popish promiseth never to make Peace nor Truce with the Heretikes nor any Edict in their favour bindes his subjects to sweare never to yeeld obedience after him to any Prince that shall be an Heretike or a favourer of Heresie degrades from all publike charges either in peace or war those of the Reformed Religion promiseth all favour to the Catholikes declares them guilty of High Treason who shall refuse to signe to this new union and shall afterwards depart from it But signing this forced Edict he wept To establish which Edict and work their further ends the Leaguers cause the King to summon a Parliament of the 3. Estates at Bloyes procuring those of their faction to be chosen of this Assembly where establishing the former extorted Edict they thereby exclude the King of Navarre an Herelike as they deemed him from the Crowne of France to which he was next Heire An Heretike cannot reigne in France it is an incompatible thing with the Coronation and Oath which he ought to take hurtfull to the honour of God and prejudiciall to the good of the Realme Then they declare the King an enemy to and oppressor of his people a Tyrant over his Realme that so the people should presently resolve to confine him unto a Monastery and install the Duke in his throne And at last the King being certainly informed of the Dukes traiterous designes to surpize him and usurpe his Throne caused the Duke and Cardinall of Burbon the chiefe Heads of the League to be suddenly slaine and others of them to be imprisoned Hereuppon the Parisiens mutinie and take up Armes afresh The Colledge of Sorbone concluded by a publike Act of the seventh of Ianuary 1589. That the people of France are freed from the Oath of obedience and fealty which they owed to Henry of Valoys and that lawfully and with a good conscience they may arme against him receive his Revenues and imploy it to make warre against him After which the Assembly of the Estates dissolving the Parisiens imprison the Court of Parliament at Paris till they condescended to their pleasures and confirmed a generall Councell of the union consisting of fourty choice men of the three Estates to dispose of the publike affaires and
next right heires of the Royall Stock for all which particulars he gives sundry instances in the Kingdomes of Spaine as in Berengaria Blanch the Mother of Lewes of France Ferdinand Sancho the younger sonne of Alfonso Henry the Bastard Iohn King of Portugall Fardinand and Iohn the 2. of Aragon c. corluding That if the King degenerate into a Tirant by subverting Religion Lawes Liberties oppressing murthering or deflowring his subjects the whole Kingdome may not onely question admonish and reprehend him but in case he prove incorrigible after admonition deprive him and substitute another in his place which saith he hath been done more then once in Spain Thus King Peter was publikely rejected for his cruelty to his subjects and Henry his Brother though of an unclean Mother obtained the Crowne so Henry his Nephewes Nephew for his slothfulnesse and evill manners was deposed by the Nobles suffrages and Alphanso his Brother though but a yong child proclaimed King After his death Elizabeth Henry his sister had the chiefe government of the Realmâ— leaving Henry And for a conclusion he addes That such a Tyrannicall King continuing incorrigible after publike admonitions of the whole State if there be no hopes of amendnent may not onely be deposed but put to death and murthered by the whole State or any particular persons by their appointment yea without it a note somewhat above Ela if he be declared a publike enemy by the whole state and in case the whole states cannot publikely assemble by reason of such a Princes knowne notorious tyranny he writes That then in such a case it is lawfull for any private man to murther him to free the Countrey and Kingdome from destruction Adding that it is a wholsome meditation for Princes to be perswaded that if they oppresse the Common-wealth if they become intollerable thorow vices and filthinesse that they live in such a condition that they may not onely be slaine of right but with laud and glory Peradventure this feare will retard some Princes that they give not themselves wholly to be corrupted with vices flatterers and cast bridles upon their fury That which is the chiefe let the Prince bee perswaded that the authority of the whole Common-wealth is greater then his being but one neither let him beleeve the worst of men affirming the contrary for to gratifie him which is very pernicious All these positions of Mariana however other Kings and Kingdomes may relish them especially the last touching private Subjects which few can approve the Parliaments of France doing publike execution on this Book as they had just cause for extolling and justifying the barbaroâ—s murther of their King Henry the 3. by James Clement a Dominican Frier l. 1. c. 6. p. 51. to 57. and justifying the Guises Rebellion are yet authorized as Catholike and Orthodox by the most Catholike King of Spaine and the Emperour of Germany in whose Kingdomes they passe for currant coyne the most dangerous of them being seconded not onely by Hieronymus Blanca in his Aragonensium Rerum Commentariis Iohannis Pistorius Hispaniae Illustratae c. and other Spanish Historians collected by him but likewise by Alvarius Pelagius Cardinall Tolet Capistranus Dominicus Bannes Franciscus Victoria Simancha Patensis Gregory de Valentia Suarez the Doctors of Salamancha Becanus Bellarmine with other Spanish Iesuites Writers who most hereâ—ically affirme That even the Pope alone either with or without a Councâ—ll for heresie as they deem it and obstinacy against the See of Rome may excommunicate censure despose kill or murther any Christian Princes depose them from their thrones dispose of their Crownes to others at their pleasures absolve their subjects wholly from their allegeance and give subjects power to rise up in armes against and murther them by open force or secret treachery which Bishop Bilson truly affirmes to be farre more dangerous and derogatory to Princes then to attribute such a power not to any particular persons but to their own whole Kingdomes and Parliaments onely who being many in number of the same Nation and Religion with and having many dependances on and many engagements by oath duty favours benefits to their Princes lesse malice against them judging onely according to the fundamentall Lawes of the Realme and former presidents of their Anâ—cestors and aiming at nothing but their Kingdomes saâ—ety are like to be more just indifferent Iudges of their Princes actions when questioned then the Pope a meer enemy and forraigner who proceeds by no other authority but what he hath unjustly usurped from Kings and by no other rules but his owne will pride malice honour or profit I have thus given you an account of the Kings of Spaines subordination to their whole kingdomes and Lawes in point of Thesis and positive Doctrine approved by themselves professed by their eminentest Wriâ—ers I shall now procced to Historicall examples to confirme it in point of practise Ordogno the 14. king of Castile summoned 4. Earles of Castile to appeare before him who refused to goe to the warres against the Saracens promising them safe conduct notwithstanding he commanded them to be apprehended imprisoned and slâ—in for whâ—ch bloody Treachery those of Castile rebelled against him rejecting his government and providing for the â—afety of them and theirs Duos Milites non de potentioribus sed de prudentioribus eligerunt quos Indices statuerunt c. They elected two prudent Knights of their owne to be their Magistrates and Iudges to governe them to manage their warres and administer justice to them the one was named Flâ—vius Calvus the other Nunius surnamed de Rasura whose Son Gâ—ndesalvus after his Fathers death was substituted in his place made Generall of the Militia Principatum Militiae addiderunt and his son after him tam à Magnatibus Militibus quam AB VNIVERSIS POPVLIS CASTE LANIS made Earle of Castile and all submitted themselves to his government rejecting the Dominion both of Ordogno and his brother King Froila after him for their tyranny and treachery Alphonso the great King of Gallecia about the yeere of Christ 918. imprisoning his eldest sonne Garsias laying him in irons and exercising other cruelâ—ies was by the practise of his owne Queen Semena and his other sonnes and Nobles so prosecuted and put to such streights that they enforced him to resigâ— his Crown to his sonne Garcias and to deprive him â—elfe of his gâ—uernment in the presence of his sons and the grandees of his Realm after which he requested his sonne to râ—ise and grant him an Army to goe against the Sâ—razens who condescending thereto hee gained a glorious Victory ouâ—r them and so dyed Alphonso sonne of Ordâ—gno King of Castile after 5. yeers reigne out of levity rather then Religion resigned his Crown to Ramire his younger Brother and then turnd Monk about the yeer 939 but not long after casting off his Coul leaving his Monastery he â—egan to â—aise forces and to aspire to the Crown again which he
to seeke some other mighty and mercifull Prince to helpe to defend these Countries and to take them into his protection and the rather for that these Countries have endured such oppressions received such wrongs and have been forsaken and abandoned by their Prince for the space of twenty years and more duduring the which the Inhabitants have beene intreated not as subjects but as enemies their naturall Prince and Lord seeking to ruine them by armes Moreover after the death of Don Iohn having sent the Baron of Selles who undâ—r colour propounding some meanes of an accord declared sufficiently That the king would not avow the Pacification made a Gant which Don Iohn notwithstanding had sworne to maintaine setting downe more hard conditions Yet for that we would discharge our selves of our duties wee have not omitted to make humble suite by writing imploying moreover the favour of the greatest Princes of Christendome seeking by all meanes without intermission to reconcile our selves unto the King having also of late kept our deputies long at Cologne hoping there by the intercession of his imperiall Majestie and some Princes Electors to have obtained an assured peace with some moderate tolleration of Religion the which doth chiefly concerne God and mens consciences as the estate of the affairs of the Countrey did then require But in the end we found it by experience that nothing was to be obtained from the King by the Conference at Cologne and that it was practised and did onely serve to disunite and divide the Provinces that they might with the more facility vanquish and subdue first one and then another and execute upon them their first designes The which hath since plainly appeared by a certain proscription which the King hath caused to be published whereby we and all the Inhabitants of the united Provinces and Officers that hold their partie are proclaimed Rebels and to have forfeited lives and goods Promising moreover a great summe of money to him that should murther the said Prince and all to make the poore Inhabitants odious to hinder their Navigation and Traffique and to bring them into extreme despaire So as despairing of all meanes of reconciliation and destitute of all other succours and ayde we have according to the Law of nature for the defence of us and other Inhabitants the Rights priviledges ancient customes and libertie of the Countrey and the lives and honours of us our wives children and posterity to the end they fall not into the slavery of the Spanyards leaving upon just cause the King of Spaine beene forced to seeke out some other meanes such as for the greater safety and preservation of our Rights Priviledges and liberties we have thought most fit and convenient We therefore give all men to understand That having duely considered all these things and being prest by extreme necessitie We have by a generall resolution and consent declared and doe declare by these presents the King of Spaine ipso jure to be fallen from the Seigniory Principalitie jurisdiction and inheritance of these Countries And that we are resolved never to acknowledge him any more in any matter concerning the Prince jurisdictions or demeanes of these Netherlands nor to use hereafter neither yet to suffer any other to use his Name as Soveraigne Lord thereof According to the which we declare all Officers private Noblemen Vassels and other inhabitants of these Countries of what condition or qualitie soever to be from henceforth discharged of the Oath which they have made in any manner whatsoever unto the King of Spaine as Lord of these countries or of that wherby they may be bound unto him And for the above named reasons the most part of the said united Provinces by a common accord and consent of their Members have submitted themselves under the command government of the high and mighty Prince the Duke of Aniou and Alanson c. upon certain conditions contracted and accorded with his Highnesse and that the Archduke of Austria Mathias hath resigned into our hands the goverment generall of these Countries the which hath been accepted by us We enjoyn and command ali Iudges Officers and all others to whom it shall appertain That hereafter they forbeare to use any more the name titles great seal or signet of the K. of Spain and instead therof whilst that the Duke of Anjou for his urgent affaires concerning the good and welfare of the Country shall be yet absent for as much as shall concern the Provinces which have contracted with his Highnesse and touching the rest by way of provision they shall use the title and name of the chiefe and Counsell of the Country And untill that the said heads and Counsellors shall be named called and really established in the exercise of their charges and offices they shall use our name except Holland and Zeeland where they shall use as they have formerly done the name of the Prince of Orange and of the Estates of the said Provinces untill that the said Councell shall be in force and then they shall govern themselves as it is agreed touching the instructions given for the said Counsell and the accords made with his Highnesse And instead of the Kings seales they shall hereafter use our Great Seale counter Seale and Signet in matters concerning the government generall for the which the Councell of the Country according to their instructions shall have authority And in matters concerning the policie administration of Iustice and other private acts of every Province the Provinciall Concels and others shall respectively use the name and Seale of the said Province where the matter shall be in question and no other upon pain of nullity of the said Letters or Dispatches which shall be other wise made or sealed And to the end these things may bee the better observed and effected we have enjoyned and commanded and do enjoyn and command by these presents That all the King of Spaines Seales which are at this present within these united Provinces shall be dilivered into the States hands or to him that shall have commission and authority from them upon pain of arbitrary punishment Moreover We ordain and command that from henceforth the name and armes of the King of Spain shall not be put not stampt in any coynes of these united Provinces but there shall be such a figure set upon them as shall be appointed for the coyning of new peeces of Gold and Silver In the like sort we enjoyn and command the president and Lords of the privie Councel and all other Chancellors presidents Provinciall Counsuls and all Presidents and chiefe Masters of accounts and others of all chambers of accounts being respectively in these countries and also all other Iudges and Officers as holding them discharged of the oath which they have made unto the King of Spain according to the tenor of their Commissions that they shall take a new oath in the hands of the Estates of the Province where they are or to their Deputies by
Governour is most uniust therefore the disturbance of this Kingdome Hath not the reason of Sedidition nor doe they fall into the crime of Treason This crime is committed against a lawfull Prince Now a lawfull Prince is nothing but a living Law therefore he who kils the Law as much as in him lyeth cannot be called by that name therefore those who take up Arms against him shall not be guilty of that crime It is likewise committed against the Common-wealth but because the Repub. is there only where the authority of the Law prevailes not where the private â—ust of a Tyrant swalloweth the Republike a Tyrant shall be guilty of that crime which offends the publike Maiesty those be Vindicators of the Republike who shall oppugne a Tyrant Ex Officio supported with their own authority Neither in this case I say doth every one but all the Subiects but the Lords seem to require an account of the government from their agent no more shall they be accounted perfidious for doing it there is every where between the Prince people a mutuall reciprocal Obligation he promiseth that he will be a iust Prince they that they will obey him if he shall be such a one Therefore the people are obliged to the Prince under a condition the Prince purely to the people Therefore if the condition be not fulfilled the people are unbound the Contract void the Obligation null in Law it selfe Therefore the King is perfidious if he reign uniustly the people perfidious if they obey not him who reignes iustly But the people are free from all crime of perfidiousnesse if they publikely renounce him who reignes uniustly or if they endeavour to evict him with Armes who desires to retein the kingdome unlawfully Therefore it is lawfull for all or many of the Officers of the Realme to remove a Tyrant Neither is it onely lawfull but it lyâ—th so upon them of duty that unlesse they doe it they can no way be excused Neither may Electors Palatines Senators and other Nobles think that they were created and instituted onely for that end that they should shew themselves once peradventure in the Kings inauguration attired after the ancient manner that they might act a certain palliated Fable or put on the person of Rowland Oliver Ronald and other Nobles on that day as if in a Scene they should in some shew represent the Round Table of Arthur as they call it so as after that the multitude is dismissed and Calliopus hath said Farewell they should think they had excellently played their parts These things are not spoken in jest these things are not perfunctorily done these things are not the pastimes of children who as it is in Horace created a King in a Play but rather of Nobles Magistrates who as they are called unto part of that honor so likewise of the burthen and shew that the Republike is committed and commended to the King as to the supreme and chiefest Tutor so also to them as fellow-Tutorâ— even Honorari assigned to him as observers of his actions who hath the chief tutelage who may daily exact an account of him and diligently take heed in what manner he reverseth so even these that they might observe the King who as to his tutelary providence is onely reputed in the place of a Lord that he doe nothing to the detriment of the people Therefore as the fact of him who acts the Gardian is imputed to the Co-gardians unlesse where they ought and are able they suspect and likewise take care to remove him to wit when he communicates not the administration with them if he doe not faithfully manage the tutelage or care if he admits fraud if he doth any thing sordidly or perniciously to the Pupill if he intercept any of the Pupils goods if he become an enemy to the Pupill finally if he be over rude sloathfull unskilfull c. So even the Nobles shall be held guilty of the Princes deed unlesse they remove or prevent his tyranny or supply his sloathfulnesse with their vigilance and diligence Finally as oft as the Gardian doth not doe in the name of the Pupill that which any fit Master of a family would doe he may not seeme to be defended but that he may be the better defended his Co-gardians are bound to foresee So much more justly if the Prince doth not act the housholder but the Enemy the Nobles may and ought to act against him since they are bound by his deed no lesse then by their owne Moreover the Nobles may consider that the King in governing the Republike holds the first part but they the second third and every one in his place Therefore if he doth his part ill they may not follow him if he destroy the Republike they may not connive for it is committed to them as well as to him and in such sort truly that not onely they themselves ought rightly to execute their office by themselves but to containe the Prince within the bounds of his office Finally as the King promiseth that he will take care of the benefit of the Commonweale so also doe they Therefore if he breakes his oath they may not thinke that they are absolved from theirs no more then Bishops if the Pope should defend heresie or destroy the Church yea they should thinke themselves so much the more obliged to performe their oathes by how much the more he shall violate his Therefore if they colludâ— they are reputed in the number of prevaricators if they connive of desertors and TRAITORS if they vindicate not the Republike from the tyranny of tyrants as finally they become Patrons Defenders little Kings if they by all meanes protect and defend the Republike which they have undertaken to protect These things though they are sufficiently firme of themselves yet they may be demonstrated by examples The Canaanitish Kings who oppressed the people of Israel with hard servitude as well corporall as spirituall interdicting them both commerce and armes were true tyrants I say in practice yet not without a title for Eglon and Iabin reigned quietly almost twenty years Now God extraordinarily stirred up Ehud who slew Eglon craftily and Debora who routed the army of Iabin and by that meanes freed the people from tyranny This was not verily because it was lesse lawfull to the ordinary Magistrates and Princes of the Tribes and the rest to doe it but Debora rather objecteth their sloathfulnesse and carelesnesse to them and curseth some of them for this cause But truly God pittying his people extraordinarily supplyed the negligence of ordinary officers Rehoboam the sonne of Solomon refuseth to ease the people of unnecessary Tributes being intreated to doe it in a generall Assembly of all the people he groweth insolent and assisted with the counsell of flatterers even arrogantly threatens more grievous burdens No man doubts but that according to the covenant first made betweene the King and people the Nobles might have restrained this pride But
to the warre with what reasons were they urged unlesse these that the Church was one that Christ called all whatsoever from all quarters to this service that common dangers were to be repulsed with common armes all which likewise doe plainely suite with this our cause Now and if this were lawfull for them against Mahomet yea not onely lawfull but likewise as a reward was appointed to the industrious so a punishment both to the sloathfull and delayers why not also against the enemy of Christ If I say against the Graecians beâ—ieging our Troy why not also against Sinon the incendiary Finally if it be a pious act to free Christians from bodily servitude for the Turkes compell no man to it is it not much more so to manumit the soules of miserable men and to restore them to liberty And verily these so many examples of pious Princes may be insteed of a Law But now heare what God himselfe by the mouth of his Prophets doth every where threaten against those who promote not the instauration of the Church or neglect its affliction The Gadites Reubenites and halfe Tribe of Manasses desire of Moses that their portion might be given to them and their families on this side Iordan and Moses truly gave it them but with this Law and condition that they should not onely helpe their brethren the other Israelites in conquering the Land of Canaan but because they had first obtained their portion that they should goe before them and be placed in the forefront of them Which if they should not doe he accurseth them smites them with anathema and compares them to those who had beene judged Rebels at Cadesbernea For what saith he shall your brethren goe to warre and you in the meane time sit still here But rather you shall passe over Iordan neither shall you returne againe hither to your houses before that God hath expelled his enemies from before his face and given rest to your brethren as he hath given unto you Then verily you shall be innocent before the Lord of Israel verily those on whom the great and good God hath bestowed so great a benefit unlesse they assisted their Brethren unlesse they were companions of their labours unlesse they went before them should without doubt receive most grievous punishments Likewise when under the conduct of Deborah those of Nephthali and Zebulon had taken up armes against the Tyrant Iabin and in the meane time the Tribe of Reuben which ought to be first in Armes delighted themselves with the Pipes among the Pastures of the flockes Dan boasted of the Empire of the Sea Asher finally trusted in the asperity of Mountaines all of them are most expresly condemned by the Spirit of God speaking by the Prophetesse Curse ye Meroz saith the Angel of the Lord curse ye bitterly the Inhabitants thereof because they came not to the helpe of the Lord against the mighty But blessed above women shall Iael the Wife of Heber the Kenite be who although she might have pleaded a truce with the heathens yet notwithstanding shee slew Sisera the Captaine of the enemies Hoast Therefore piously spake Vriah The Arke and Israel and Iudah abide in tents and oft times passe the night without sleepe in the open fields shall I then feast with my Wife eate drinke and follow my pleasures As the Lord liveth I will never doe this Contrarily the Princes of Israel did impiously who trusting in the difficulty of the mountaines of Samaria and in the munition of Sion flowed with luxury feasted dranke slept on beds of Ivory anoynted their heads but in the meane time wonderfully despised contrite cruciated afflicted Ioseph neither were any way moved with his affliction Therefore saith the Lord of Hoasts I abhorre the excellency of Iacob and hate his palaces I have sworne by my soule that I will deliver up the City and all that is therein yea these who so greatly rioted shall soone goe with the first into captivity Impiously also did the Ephramites who did not onely not gratulate Gideon and Iephtha attaining the victory and triumphing but likewise envyed them though yet they deserted them when they were in danger Likewise the Israelites who when David reigned cryed out saying Behold we are thy flesh and thy bones when he was reduced into straites said We have no part in David nor in the Sonne of Iesse Impiously doe all those Christians onely in name who will communicate in the sacred feasts of the Church and yet will not so much as taste the cup of bitternesse with their Brethren who seeke salvation in the Church and yet take no care for the salvation and safety of the Church and of its Members Finally they acknowledge one Father God one Family the Church professe themselves to be one body in Christ yet neither yeeld any aide to Christ afflicted in his Members or bestow their wealth on him being poore What thinke we shall be the future punishment of their impiety Moses compares the deserters of their Brethren to the Rebels at Kadesbarnea now none of those by Gods owne decree entred into Canaan Therefore they can seeke no place for themselves in the coâ—lestiall Canaan who assist not Christ most miserably crucified and dying a thousand times every day and implores as it were their helpe from doore to doore Christ himselfe condemnes those to eternall fire who harboured him not when he was a stranger who fostered him notwhen he was a cold who cloathed him not when he was naked who relieved him not when he was poore who freed him not when he was captive Therefore they ought to know that eternall fire is prepared for them who passe him by with a deafe eare daily suffering such things although in the meane time they may seeme to worke great miracles and therefore verily it shall be easier for certaine insidels than for them For what doe the Jewes the Scribes and Pharisees properly cruciâ—ie Christ Doe the Ethnickes Turkes â—inally some Christians persecute crucifie vex Christ in his Members The Jewes professe and beleeve him an Imposter the Ethnickes a malefactor the Turkes an Inâ—idell others an Heretique Therefore if they consider the minde of them all from whom we commonly measure the crime they all seeme to persecute noxious impious men deserving punishment not properly to slay Christ But they onely doe truely persecute truely slay him who willingly suffer him whom they professe their Messiah Redeemer God to be tortured and crucified in his Members when they might hinder it In summe he who delivers him not from death when he may is equally guilty with him that slayes him For because he would not helpe him he willed he should be slaine Now in a crime the will it selfe ought to be regarded But certainly the murther especially of Christian Princes who helpe not those who are persecuted for Religion is so much the more grievous by how much the more they slay whom they might set free and by how much it is more wicked