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 beare Armes against the King his Lord nor against his Sonne Prince Edward NISI DEFENDO but onely 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 Chichester the day before the battle of Lewis against King Henry and his sonne who were taken prisoners in it by the Barons and 20000. of their Souldiers slaine absolved all that went to fight against the King their Lord from all their sinnes Such confidence had he of the goodnesse of the cause and justnesse of the warre In one word the oath of association prescribed by the Barons to the King of Romans brother to King Henry the third in the 43. yeare of his Raigne Heare all men that I Richard Earle of Cornewall doe here sweare upon the holy Evangelists that I shall be faithfull and diligent to reforme with you the Kingdome of England hitherto by the councell of wicked persons overmuch disordered and be an effectuall Coâ—djutor TO EXPELL THE REBELLS and disturbers of the same And this Oath I will inviolaby observe under paâ—ne of losing all the lands I have in England So helpe me God Which Oath all the Barrons and their associates tooke by vertue whereof they tooke up armes against the Kings ill Councellors and himselfe when he joined with them sufficiently demonstrates their publicke opinions and judgements of the lawfulnesse the justnesse of their warres and of all other necessarie defensive armes taken up by the Kingdomes generall assent for preservation of its Lawes Liberties and suppression of those Rebels and ill Councellors who fight against or labour to subvert them by their policies In the third yeare of King Edward the 2 d this king revoking his great Mynion Piers Gaveston newly banished by the Parliament into Ireland and admitting him into as great favour as before contrary to his oath and promise the Barrons hereupon by common consent sent the King word that he should banish Piers from his company according to his agreement or else they would certainâ—ly rise up against him as a perjured person Vpon which the King much terrified suffers Piers to abjure the Realme who returning againe soone after to the Court at Yorke where the king entertained him the Lords spirituall and temporall to preserve he liberties of the Church and Realme sent an honourable message to the King to deliver Piers into their hands or banish him for the preservation of the peace Treasure and weale of the Kingdome this wilfull King denies their just request whereupon the Lords thus contemned and deluded raised an army and march with all speede towards New-Castle NOT TO OFFER INIVRIE OR MOLESTATION TO THE KING but to apprehend Peirs and judge him according to Law upon this the King fleeth together with Peirs to Tinemouth and from thence to Scarborough Castle where Piers is forced to render himselfe to the Barrons who at Warwicke Castle without any legall triall by meere martiall Law beheaded him as a subvertor of the Lawes and an OPEN TRAITOR TO THE KINGDOME For which facts this King afterwards reprehending and accusing the Lords in Parliament in the 7 th yeare of his Raigne they stoutly answered THAT THEY HAD NOT OFFENDED IN ANY ONE POINT BVT DESERVED HIS ROYAL FAVOVR for they HAD NOT GATHERED FORCE AGAINST HIM though he were in Piers his company assisted countenanced and fled with him BVT AGAINST THE PVBLICKE ENEMIE OF THE REALME Whereupon there were two acts of oblivion passed by the King Lords and Commons assembled in that Parliament Printed in the 2 d Part of old Magna Charta The first that no person on the Kings part should be questioned molested impeached imprisoned and brought to judgement for causing Pierce to returne from Exile or harboring councelling or ayding hiâ—â—ere after his returne The second on the Barons part in these words It is provided by the King and by the Archbishops Bishops Abbots Priors Earles Barâ—s and Commons of the Realme assembled according to our Command and unanimously assented and accorded that none of what estate or condition soever he be shall in time to come be appealed or challenged for the apprehending deteining or death of Peirsde Gaveston nor shall for the said death be apprehended nor imprisoned impeached molested nor grieved nor judgement given against him by us nor by others at our suite nor at the suite of any other either in the Kings Court or elsewhere Which act the King by his Writ sent to the Judges of the Kings Bench commanding that this grant and concord shall be firme and stable in all its points and that every of them should be held and kept in perpetuitie to which end he commands them to cause this act to be there inrolled and firmely kept for ever A pregnant evidence that the Barons taking up Armes then against this Traytor and enemie of the Realme in pursuance of the Act and sentence of Parliament for his banishment though the King were in his company and assisted him all he might was then both by King and Parliament adjudged no Treason nor Rebellion at all in point of Law but a just honorable action Wherefore their taking up Armes is not mentioned in this Act of oblivion seeing they all held it just but their putting Piers to death without legall triall which in strictnesse of Law could not be justified Now whether this be not the Parliaments and kingdomes present case in point of Law who tooke up armes principally at first for defence of their owne Priviledges of Parliament and apprehention of delinquents who seducing the king withdrew him from the Parliament and caused him to raise an Army to shelter themselves under its power against the Parliament let every reasonable man determine and if it be so we see this ancient Act of Parliament resolves it to be no high Treason nor Rebellion nor offence against the King but a just lawfull act for the kings the kingdomes honour and safety Not long after this the two Spensers getting into the kings favour and seducing miscouncelling him as much as Gaveston did the Lords and Barrons hereupon in the 14 th and 15 th yeares of his raigne confederated
them battle but his wisest councellors disswaded him affirming that the King should gaine no benefit if hee vanquished them and should sustaine great dishonour and losse if he were conquered by them In the meane time Hugh Linne an old Souldier who had lost his senses and was reputed a foole comming in to the Councell the King demanded of him in jest what hee should doe against the Nobles met together in the said Parke who answered Let us goe forth and assault them and slay every mothers sonne of them and by the eyes of God this being finished THOU HAST SLAINE ALL THE FAITHFVLL FRIENDS THOU HAST IN THE KINGDOME Which answere though uttered foolishly yet wise men did most of all consider At last is was resolved by the mediators of Peace that the Lords should meete the King at Westminster and there receive an answere to the things for which they tooke Armes thither they came strongly Armed with a great guard for feare of ambuscadoes to intrap them where the Chauncellour in the Kings name spake thus to them My Lords our Lord the King hearing that you were lately assembled at Harenggye Parke in an unusuall manner would not rush upon you as he might have easily done had he not had care of you and those who were with you because no man can doubt if he had raised an Army he would have had many more men than you and pâ—rchance much blood of men had beene spilt which the King doth most of all abhorre and therefore assuming to himselfe patience and mildnesse he hath made choyce to convent you peceably and to tell him the reason why yoy have assâ—mbled so many men To which the Lords answered That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOME AND THAT THEY MIGHT PVLL AWAY THOSE TRAITORS FROM HIM WHICH HE CONTINVALLY DET AINED WITH HIM The Traytors they appealed were the foresaid ill Councellors and Nicholas Brambre the false London Knight and to prove this appeale of them true casting down their gloves they said they would prosecute it by Duell The King answered This shall not be done now but in the next Parliament with we appoint to be the morrow after the Purification of the blessed Virgin to which as well you as they comming shall receive satisfaction in all things according to Law The Lords for their owne safety kept together till the Parliament and in the meane timed feated the Forces of the Duke of Ireland raised privately by the Kings Command to surprise them The Parliament comming on the 11. yeare of Richard the second these ill councellors were therein by speciall Acts attainted condemned of High Treason and some of them executed and these defensive Armes of the Lords for their owne and the Kingdomes safety adjudged and declared to be no Treason but a thing done to the honour of God and Salvation of the King and his Realme witnesse the expresse words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe Our Soveraigne Lord the King amongst other Petitions and requests to him made by the Commons of his said Realme in the said Parliament hath received one Petition in the forme following The Commons prayed that whereas the last Parliament for cause of the great and horrible mischiefes and perills which another time were fallen BY EVILL GOVERNANCE WHICH WAS ABOVT THE KINGS PERSON by all his time before by Alexander late Archbishop of Yorke Robert de Veere late Duke of Ireland Michael de la Pole late Earle of Suffolk Rober Trisilian late Iustice and Nicholas Brambre Knight with other their adherents and others Whereby the King and all his Realme were very nighâ— to have beene wholly undone and destroyed and for this cause and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same Parliament with a Commission to diverse Lords for the weale honour and safeguard of the King his regalty and of all the Realme the tenour of which Commission hereafter followeth Richard c. as in the Act. And thereupon the said Alexander Robert Mighill Robert and Nicholas and their said adherents seeing that their said evill governance should be perceived and they by the same cause more likely to be punished by good justice to be done and also their evill deedes and purposes before used to be disturbed by the sayd Lords assigned by commission as afore made conspired purposed divers horrible Treasons and evils against the King and the said Lords so assigned and against all the other Lords and Commons which were assenting to the making of the said Ordinance and Commission in destruction of the king his Regalty and all his Realme Whereupon Thomas Duke of Glocester the kings Vncle Richard Earle of Arundle and Thomas Earle of Warwicke perceiving the evill purpose of the sayd Traytors did assemble themselves in forcible manner for the safety of their persons to shew and declare the said Treasons and evill purposes and thereof to set remedie as God would and came to the Kings presence affirming against the said 5. Traytors appealed of High Treason by them done to the King and to his Realme upon which appeale the king our Soveraigne Lord adjourned the said parties till this present Parliament and did take them into his safe protection as in the record made upon the same appeale fully appeareth And afterwards in great Rebellion and against the said protection the said Traytors with their said adherents and others aforesaid continuing their evill purpose some of them assembled a great power by letters and Commission from the King himselfe as Walsingham and others write to have destroyed the said Duke and Earles appellants and other the kings lawfull leige people and to accomplish their Treasons and evill purposes aforesaid Whereupon the said Duke of Glocester Henry Earle of Darby the sayd Earles of Arundell and Warwicke and Thomas Earle Marshall seeing the open Destruction of the King and all his Realme if the said evill purposed Traitors and their adherents were not disturbed which might not otherwise have beene done but with strong hand for the weale and safeguard of the King our Soveraigne Lord and of all his Realme did assemble them forcibly and rove and pursued till they had disturbed the said power gathered by the said Traytors and their adherents aforesaid which five Traytors be attainted this present Parliament of the Treasons and evills aforesaid at the suite and appeale of the said Duke of Glocester Earles of Darby Arundle Warwicke and Marshall That it would please our redoubled Soveraigne Lord the King to accept approve and affirme in this present Parliament all that was done in the last as afore and as much as hath beene done since the last Parliament by force of the statute Ordinance or Commission aforesaid and also All that the said Duke of Glocester Earles of Arundell and Wâ—rwicke did and that the same Duke and Earles and the said Earles of Derby and Marshall or any
did not ALL ISRAEL upon Solomons death when Rehoboam his son refused to grant their iust requests at their coming to Sechem to make him king use this speech to the king What Portion have we in David neither have we inheritance in the son of lesse to your Tents ô Israel now see to thine own house David Whereupon they departed and fell away from the house of David ever after and made Iereboam King over all Israel And doth not the Text directly affirm Whenefore Rehoboam hearkned not unto the people for the cause was from the Lord that he might perform the saying which the Lord spake to Abijah unto Ieroboam the son of Nebat After which when Rehoboam raised a mighty Army to reduce the ten Tribes to obedience the Word of the Lord came to Shemaiah the man of God saying Speak unto Rehoboam and all the house of Iudah and Benjamin Thus SAITH THE LORD Ye shall not go up to fight against your brethren the children of Israel return every man to his house FOR THIS THING IS FROM ME They hearkned therefore to the word of the Lord and returned to depart according to the word of the Lord. Lo here a Kingdom quite rent a way from the very house of David yea a new King and kingdom erected by the People by Gods and his Prophets speciall direction and approbation for King Solomons Idolatry Who is such a stranger to the sacred Story but hath oft-times read how God anoynted Iehu King of purpose to extirpate and out off the whole house of K. Ahab his Lard for his and Iezabels Idolatry and blood-shed in flaying the Prophets and unjustly executing Naboth for his Vineyard in performance whereof he slew his Soveraign King Ioram Ahaziah King of Iudah Queen Iezabel all Ahabs posterity his great men his Nobles and all the Priests and Worshippers of Baal till he left none remaining according to the word of the Lord which he spake by his servant Elijah 2 Kings c. 9. 10. For which good service the Lord said unto Iehu Because THOV HAST DONE WELL in executing that which is right in mine eyes and hast done unto the house of Ahab according to all that was IN MINE HEART thy children of the 4. generation shall sit on the Thron of Israel This fact therefore of his thus specially commanded approved rewarded by God himself must needs be just and lawfull nor Treason nor Rebellion in Iehu unlesse the Opposites will charge God to be the author approver and rewarder of sin of Treason Neither will it serve their turns to Reply that this was an extraordinary example not to be imitated without such a speciall commission from heaven as Iehu had and no man can now a dayes expect For since God hath frequently injoyned all grosse incorrigible Idolaters especially those who are nearest and dearest to and most potent to seduce us to be put to death without any pitty or exception of Kings whose examples are most pernicious and apt to corrupt the whole Nation as the presidents of the Idolatrous kings of Israel and Iudah abundantly evidence if Kings become open professed Idolaters though private persons may not murther them and their families as Iehu yet the representative body or greater part of their Kingdoms as many Pious Divines affirm may lawfully convent depose if not judge them capitally for it and Gods putting zeal and courage into their hearts or exciting them by his faithfull Ministers to such a proceeding is a sufficient Divine Commission to satisfie Conscience if no sinister private ends but meer zeal of Gods glory and detestation of Idolatry be the onely Motives to such their proceedings Thus we read God stirred up Baacha exalted out of the dust and made him a Prince over the house of Israel who slew king Nadab and smote all the house of Jeroboam till he left him not any that breatned because of the sins of Ieroboam which he sinned and which he made Israel sin by his provocations wherewith he provoked the Lord God of Israel to anger who going on after in Ieroboams sins God threatens to out off all his house and make it like the house of Ieroboam which was actually executed by Zimri who slew his Soveraign King Elah son to Baacha With all the house of Baacha and left not one that pissed against the wall neither of his kinsfolks nor of his friends according to the word of the Lord which he spake against Baacha byâ— â—chu the Prophet Which act of Zimri though a just judgement in regard of God on the family of Baacha for their Idolatry was notwithstanding reputed Treason in Zimri because he did it not out of Conscience or zeal against Idolatry being and continuing an Idolater himself but onely out of ambition to usurp the Crown without the peeples consent whereupon all the people made Omri King and then going all to the Royall Palace set it on fire and burnt Omri in it both for his sins Idolatries and Treason which he wrought We read expresly that after the time that Amaziah did turn away from following the Lord they for this conspired a conspiracie against him in Ierusalem and he fled to Lachish but they sent to Lachish after him slew him there and they brought him upon horses and buried him with his fathers in the City of Iudah Then all the people of Iudah took Uzziah who was 16 years old and MADE HIM KING in the room of his father Amaziah and he did that which was right in the sight of the Lord. So Zachariah Shallum Pekahiah Pekah four evill Kings of Iudah successivly acquiring the Crown by murther and reigning evilly in Gods fight were all slain by Gods just judgement on them of one another and Hoshea In few words God himself ever annexed this condition to the Kings of Israel and Iudah that they should serve and fear him obey him Laws keep his Covenant otherwise if they did wickedly for sake him or commit idolatry he would destroy forsake and cast them and their seed off from being Kings When therefore they apparently violated the condition the whole State and people as Gods Instruments lawfully might and sometimes did by Gods speciall direction remov depose and sometimes put them even to death for their grosse iniquities and idolatries and when they did it not it was not as many think for want of lawfull Soveraign Authority remaining in the whole State and people as I shall fully manifest in the Appendix but out of a defect of zeal out of a generall complying with their Kings in their abominable idolatries and sins which brought War Captivity ruine both on their Kings their Posteritie the whole Nation and Kingdoms of Iudah and Israel as the Sacred Story plentifully relates All which considere this object on proves not onely false but fatall to the Obiectors cause who might with more discretion have forborn then forced such an answer to it which I hope and desire
tilting blame themselves aloâ—e and have no other just legall remedie but patience it being neither Treason Rebellion nor Murther in the defensive party and most desperate folly and frenzie in any Prince to engage himselfe in such a danger when beneede not doe it I reade of Charles the first of France that he fell sodainely destracted upon a message he recâ—ived from an old poore man as he was marching in the head of his Army and thereupon thinking himselfe bâ—trayâ—d encountred his owne men and slew two or three of them ere they were ware of him woâ—nding others Whereupon they closing with him disâ—rmed and led him away foâ—ceably keeping him close shut up like à Bedlaâ— till he recovered his sensâ—s I thinke no man in his right wits will deeme this their action Treasonable or unlawfull neither did the king or any in that age thus repute it If then a King in an angry franticke passion for Ir. brevius furor est shall take up 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 averte 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 became madde or lunaticke whether 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 â—hat a Lunaticke or Non Compos cannot be guilty of murtheâ— fel nâ—y â—â—petite Treason because having no understanding and knowing not what he doth he can â—ave nâ— follonius 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 ner 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-bookâ—s 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 Cavaliers 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 Porces in a battle at Eveshaâ— where the King was personally present slew the Earle Routed his Army and rescued the king in this cruell battell the king himselfe being wounded 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 invasions 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
the Romans and Italians being forsaken of the Emperour Constantine when they were invaded by Aistulfus King of the Lumbards Elected Charles the Great for their Emperour and created a new Empire in the West distinct from that of Constantinople in the East which Bishop Bilson himselfe concludes they might lawfully doe in point of conscience So Childerick being unfit to governe and unable to repulse the enemies of the French which invaded his territories thereupon by the advise of Pope Zachary and of a whole Synod and Parliament in France they deposed Childericke and elected Pipin for their King who was both able and willing to protect them Vpon this very ground the Emperours Charles the third and Wenceslius were deposed as being unable and unfit to defend and governe the Empire and others elected Emperors in their steeds Thus Mahomet the blinde King of Granado was in the yeare 1309. deposed by his owne Brother Nobles and Subjects who were discontented to be governed by a blinde King who could not lead them to the warres in person And Ethodius the 2 d king of Scotland being dull of wit given to avarice and nothing meete to governe the Realme thereupon the Nobles tooke upon them the governmeÌ„t appointing Rulers in every Province so continued them all his reigne leaving him nothing but the bare title of a King not depriving him thereof out of the respect they gave to the family of Fergusius but yet taking away all his regall power And not to multiply cases or examples of this nature Andrew Favine in his Theatre of Honour out of the Chronicle of Lauresheâ—m and Aimonius in his 4 th Booke of the History of France relates a notable resolution given by the Parliament Estates of France in this very point In the yeare 803. Lewes the Debonnaire king of France holding his Parliament in May there came thither from strange Provinces two Brethren kings of Vuilses who with frank free good will submitted themselves to the judgement of the said Parliament to which of them the kingdome should belong The elder of these two brethren was named Meligastus and the younger Celeadraus Now albeit the custome of the said kingdome adjudged the Crowne to the eldest according to the right of Primegeniture allowed and practised by the Law of Nature and of later memory in the person of the last dead King Liubus father to the two contendants yet notwithstanding in regard that the Subjects by universall consent of the kingdome had rejected the elder brother FOR HIS COWARDISE AND EVILL GOVERNMENT cum secundam ritum ejus gentis commissum sibi Regnum parum digne administraret and had given the Crown to the younger brother FOR HIS VALOVR DISCREETE CARRIGE after full hearing of both parties BY SENTENCE of PARLIAMENT the Kingdome was adjudged to the younger Brother statâ—it ut junior frater delatam sibi à Populo suo pot flatem haberet c and thereupon the eldest did him homage with oath of Alleigance in the said Parliament and submitted to this sentence And upon this very ground in some of our ancient British and Saxons Kings Reignes when the right heire to the Crowne was an infant unable to defend his kingdome and people against invading enemies the Crowne hath commonly descended to the Vncle or next heire of full age who was able to protect them and repulse their enemies till the right heire accomplished his compleat age as I have elsewhere manifested If then a Kingdome by generall consent may elect a new King to defend and preserve it in case of invasion and eminent danger of ruine by forraigne enemies when their present King either cannot or will not doe his duty in protecting them from their enemies and exposeth them for a prey to their devastations as these examples and authorities conclude they may though I will not positively determine so Then certainely by equall semblable and greater reason subjects may lawfully take up necessary defensive Armes against their Kings when they shall not onely desert but actually invade and wage warre against them destroy and wast them in an open Hostile manner and handle them as cruelly as the worst of enemies such a wilfull unnaturall Hostile invasion being farre worse than any cowardly or bare desertion of theÌ„ when they are invaded by a forraign enemy And if Kings in case of sottishnesse or Lunacy may be lawfully deposed from their kingdomes by common consent of their Realmes when they are altogether unfit or unable to governe as Bâ—shop Bilson asserts and I have manifested else where then much more may they be lawfully resisted by force without guilt of Treason or Rebellion when they wilfully and maliciously contrary to their oath and duty cast off their Royall governments the protection of their subjects and wage open warre against them to enslave or ruine them If a Father shall violently and unjustly assault his sonne a husband his wife a master his servant a Major or other inferior Officer a Citizen to murther maime or ruine them They may in such a case by the Law of Nature God man resist repulse them in their owne defence without any crime at all as dayly practise experimentally manifests yea they may sweare the peace against them and have a Writ de securitate Pacis in such cases Therefore by the selfesame reason they may resist the King and his Army in like cases there being no more humane nor divine Law against resistance in the one case than in the other Finally it is the resolution of John Bodin and others who deny the lawfulnesse of Subjects taking up Armes against their Soveraigne Prince or offering violence to his person though he become a Tyrant That if a Soveraigne Prince or King by lawfull election or succession turne a Tyrant he may lawfully at his Subjects request be invaded resisted condemned or slaine by a forraigne Prince For as of all Noble acts none is more honourable or glorious then by way of fact to defend the honour goods and lâ—ves of such as are unjustly oppressed by the power of the more mighty especially the gate of Iustice being shut against them thus did Moses seeing his brother the Israelite beaten and wronged by the Egyptian and no meanes to have redresse of his wrongs So it is a most faire and magnificall thing for a Prince to take up Armes to releive a whole Nation and people unjustly oppressed by the cruelty of a Tyrant as did the great Hercu'es who travelling over a great part of the world with wonderfull power and valour destroyed many most horrible monsters that is to say Tyrants and so delivered people for which he was numbred among the gods his posterity for many worlds of yeares after holding most great Kingdomes And other imitators of his vertue as Dio Timoilion Aratus Harmodius Aristogiton with other such honourable Princes bearing Titles of chastisers and correctors of Tyrants And for that onely cause
he offered to render unto him his Kingdome and to hold the same by tribute from him as his Soveraigne Lord to forgoe the Christian Faith as vaine and to receive that of Mahomet imploying Thomas Hardington and Ralph Fitz-Nicholas Knights and Robert of London Clerke Commissioners in this negotiation whose manner of accesse to this great King with the delivery of their Message and King Johns Charter to that effect are at large recited in Mathew Paris who heard the whole relation from Robert one of the Commissioners Miramumalim having heard at large their Message and the Description of the King and Kingdome governed by an annointed and Crowned King knowne of old to be free and ingenuous ad nullius praeterquam Dei spectans dominationem with the nature and disposition of the people so much disdained the basenesse and impiety of the Offerer that fetching a deepe sigh from his heart he answered I have never read nor heard of any King possessing so prosperous a Kingdome subject and obedient to him who would thus willingly ruine his Principality as of free to make it tributary of his owne to make it anothers of happy to make it miserable and to submit himself to anothers pleasure as one conquered without a wound But I have heard and read of many who with effusion and losse of much blood which was laudable have procured liberty to themselves modo autem audio quod Dominus vester miser deses imbellis qui nullo nullior est de libero servus fieri desiderat qui omnium mortalium miserrimus est After which he said That the King was unworthy of his Confederacie and looking on the two Knights with a sterne countenance he commanded them to depart instantly out of his presence and to see his face no more whereupon they departing with shame hee charged Robert the Clerke to informe him truely what manner of person King Iohn was who replied That he was rather a Tyrant then a King rather a Subverter then a Governour a Subverter of his owne Subjects and a Fosterer of Strangers a Lyon to his owne Subjects a Lambe to Aliens and Rebels who by his sloathfulnesse had lost the Dutchy of Normandy and many other Lands and moreover thirsted to lose and destroy the Kingdome of England An unsatiable Extortioner of money an invader and destroyer of the possessions of his naturall people c. When Miramumalim heard this he not onely despised as at first but detested and accursed him and said Why doe the miserable English permit such a one to raigne and domineer over them Truely they are effeminate and flavish To which Robert answered the English are the most patient of all men untill they are offended and damnified beyond measure But now they are angry like a Lion or Elephant when he perceives himselfe hurt or bloody and though late they purpose and endeavour to shake the yoake of the Oppressor from their necks which lie under it Whereupon he reprehended the overmuch patience and fearefulnesse of the English and dismissed these Messengers who returning and relating his Answer to King Iohn he was exceeding sorrowfull and in much bitternesse of Spirit that he was thus contemned and disapointed of his purpose Yet persisting in his pre-conceived wicked designe to ruine his Kingdome and people and hating all the Nobility and Gentry of England with a viperous Venom he sets upon another course and knowing Pope Jnnocent to be the most ambitious proud and covetous of all men who by gifts and promises would be wrought upon to act any wickednesse Thereupon he hastily dispatcheth messengers to him with great summes of Money and a re-assurance of his tributary Subjection which shortly after he confirmed by a new Oath and Charter to procure him to Excommunicate the Archbishop of Canterbury and the Barons whom he had formerly favoured which things he greedily desired that he might wrecke has malice an them by Dis inheriting Imprisoning and Spoiling them being Excommunicated Which things when he had wickedly plotted he more wickedly executed afterwards In the meane time the Barons foreseeing that nothing was to be obtained but by strong hand assemble an Army at Stamford wherein were said to be two thousand Knights besides Esquires and marched from thence towards Oxford where the King expected their comming to answer their demands And being come to Brackley with their Army the King sends the Earle of Pembroke Mariscall and the Archbishop of Canterbury with others to demand of them what were those Lawes and Liberties they required to whom they shewed a Schedule of them which the Commissioners delivered to the King who having heard them read in great indignation asked Why the Barons did not likewise demand the Kingdome and swore he would never grant those Articles whereby himselfe should be made a Servant So harsh a thing is it to a power that is once gotten out into the wide libertie of his will to heare againe of any reducing within his Circle Vpon this answer the Barons resolve to seize the Kings Castles constitute Robert Fitz-walter their Generall entituling him Mariscall of the ARMY of GOD and of HOLY CHVRCH A Title they would never have given their Generall or Army had they deemed this Warre unlawfull in Law or Conscience After which they tooke divers of the Kings Castles and are admitted into London where their number daily increasing they make this Protestation Never to give over the prosecution of their desire till they had constrained the King whom they held perjured to grant them their Rights Which questionlesse they would not have done had they not beleeved this Warre to be just and lawfull King Iohn seeing himselfe in a manner generally forsaken of all his people and Nobles having scarce 7. Knights faithfull to him another strong argument that the people and Kingdome generally apprehended this taking up armes against the King to regaine to preserve their hereditary Rights and Liberties to be lawfull counterfeits the Seales of the Bishops and writes in their Names to all Nations That the English were all Apostates and whosoever would come to invade them hee by the Popes consent would conferre upon them all their Lands and Possossions But this device working no effect in regard they gave no credit to it and found it apparently false the King seeing himselfe deserted of all and that those of the Barons part were innumerable cum tota Angliae Nobilitas in unum collecta quasi sub numero non cadebat writes Mathew Paris another argument of the justice of this cause and warre in their beliefes and consciences at last condescended to grant and confirme their Liberties which he did at Running-Meade in such sort as I have formerly related And though the Pope afterwards for his owne private ends and interest bribed by King Iohn who resigned his Kingdome to him and became his Vassall without his peoples consent which resignation was judged voide excommunicated the Barons withall their assistance Qui Iohaâ—nem illustrum Regim
and Body After which they seeing more Strangers arrive with Horse and armes every day sent word to the King That hee should foorthwith remove Bishop Peter and all his Strangers from his Court which if he refused they all would BY THE COMMON CONSENT OF THE WHOLE REALM drive him with his wicked Counsellours out of the Realme and consult of chusing them a new King After these and some other like passages the King raysing an Army besiegeth one of the Earles Castles and not being able to winne it and ashamed to raise his Seige without gaining it he sent certaine Bishops to the Earle and requested him that since he had besieged his Castle and hee could not with Honour depart without winning it which he could not doe by force that the Earle to save his Honour would cause it to be surrended to him upon this condition That hee would restore it certainely to him within 15. dayes and that by advise of the Bishops he would amend all things amisse in his Kingdome for performance of which the Bishops became his Pledges and the King appointed a meeting at Westminster on a set day betweene Him and the Lords whereupon the Earle surrendred the Castle to the King upon Oath made by the Bishops that it should be restored at the day But the King refusing to deliver the Earle the Castle according to promise and threatning to subdue his other Castles the Earle hereupon raiseth his Forces winnes his Castle againe routs divers of the Kings Forraigne Forces at Gorsemond Monmouth and other places and invaded the lands of his Enemies Vpon this occasion Frier Agnellus or Lambe acquaints the Earle what the King together with his Counsell and Court thought of his proceedings to wit that the King said he had proceeded over traiterously and unjustly against him yet he was willing to receive him into favour if he would wholly submit himselfe to his mercy and that others held it not just safe and profitable for him to doe it because he had done wrong to the King in that before the King had invaded his Lands or Person he invaded and destroyed the Kings Lands and slew his men and if he should say he did this in defence of his body and inheritance they answered no because there was never any plot against either of them and that were it true yet he ought not thus to breake forth against the King his Lord untill hee had certaine knowledge that the King had such intensions against him ET EX TVNC LICERET TALIA ATTEMPTARE and from thenceforth he might lawfully attempt such things by the Courtiers and Friers owne Confessions Vpon which the Marshiall said to Frier Lambe To the first they say that I ought to submit my selfe because I have invaded the King it is not true because the King himselfe though I have beene ever ready to stand to the Law and judgement of my Peeres in his Court and have oft times requested it by many messengers betweene us which he alwaies denied to grant violently entred my Land and invaded it against all justice whom hoping in humility to please I freely entred into a forme of peace with him which was very prejudiciall to me wherein he granted that if on his part all things were not punctually performed toward me I should be in my pristine state before that peace conclnded namely that I should be without this homage and absolved from my allegiance to him as I was at first by the Bishop of Saint Davids Seeing then hee hath violated all the Articles of the Peace IT WAS LAWFVLL FOR ME According to my agreement to recover what was mine owne and to debilitate his power by all meanes especially seeing he endeavoured my destruction dis-inheritance and seizing of my Body of which I have certaine intelligence and am able to prove it if neede be And which is more after the 15 daies truce before I entred Wales or made any defence he deprived me of the Office of Marshall without judgement which belongs to me and I have enjoyed by Inheritance neither would he by any meanes restore mee to it though required Whence I have plainely learned that he will keepe no peace with me seeing since the Peace hee handles me worse then before Whereby I ceased to bee his Subject and was absolved from his homage by him Wherefore it was and is lawfull for me to defend my selfe and to withstand the malice of his Counsellors by all meanes And whereas the Kings Counsellors say it is profitable for me to submit to the Kings mercy because he is more rich and powerfull then I am It is true the King is richer and more potent then I but yet he is not more powerfull then God who is Iustice it selfe in whom I trust in the confirmation and prosecution of my right and of the Kingdomes And whereas they say the King can bring in Strangers of his kinred who are neither Scots nor French nor Welsh who shall make all his foes his Foot-stoole and come in such multitudes as they shall cover the face of the earth and that he can raise seven men to my one I neither trust in Strangers nor desire their confederaciei nor will I invoke their aide Vnlesse which God forbid inopinata immutabilis fuero compulsus necessitate I shall be compelied by a sudden and immutable necessity and I beleeve by his Counsells ill advise he will quickly bring in such multitudes of Strangers that he will not be able to free the Kingdome of them againe for I have learned from credible men that the Bishop of Winchester is bound to the Emperour that he will make the Kingdome of England subject to him which God in his providence avert And whereas they say That I may confide in the King and his Counsell because the King is mercifull credible c. It may well be that the King is mercifull but he is seduced be the Counsell of those by whom we feele our selves much hurt and he is Noble and credible whom God long preserve so as much as in him lies but as for his Counsell I say that no one promise made to me was ever yet kept and they have violated many corporall Oathes made to me and the Oathes they tooke for observing Magna Charta for which they remaine excommunicate and perjured Yea they are enjured concerning the faithfull Counsell which they have sworne to give to our Lord the King when as they have wilfully given him the Counsell of Achitophel against justice and corrupted the just Lawes they have sworne to keepe and introduced unusuall ones for which and for many other things for which neither God nor man ought to trust them or their complices are they not every one excommunicated Rumor de veteri faciet ventura timeri Cras poterunt fieri turtia sicut heri Falix quem faciunt aliena pericula cautum Whereas the said Counsellors of the King say that I invaded the Kings body at Gorsmund Castle before
the King had entred my Land and so I did injurie to the King for which I ought to implore his mercie least others should take example thence to raise up Armes against the King I answer that I was not there in person and if any of my Family were thereby chance they invaded onely the Family of the King not the person of the King which yet if they had done it were no wonder seeing the king came with his Army into my Land that he might invade me and oppresse me by all the meanes he could which may appeare to all by the tenor of his Letters by which hee made a generall assembly throughout England against my Army And since the premises objected against mee are false and it is true that the King hath treated me worse since the time I expected his mercy then any time before and doth yet use the same Counsell as then and since he endeavours precisely to follow their Counsels in all things by whose advise I suffer all the premised 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 Northwales 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 slew many of his Enemies by an Ambuscado 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 spoiled 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 Ireland professed that he was no Traytor that his warre being but defensive was just immutabiliter affirmant quod liâ—uit sibi de jure quod suum crat repetere posse Regis Consiliorum suorum modis omnibus quibus poterat infirmare William Rishanger 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 person 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 frequenter of divine Offices constant in word severe in countenance most confiding in the prayers of Religious persons alwayes very respectfull to Ecclesiasticall 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 established but by them materiall sword and constantly averring 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 JUSTICE AND TRVTH Fame
together to live and dye for justice and to their power to destroy the TRAITORS OF THE REALME Especially the two Spensers after which they raised an Army whereof they made Thomas Earle of Lancaster Generall and meeting at Sherborne they plunder and destroy the Spensers Castles Mannors Houses Friends Servants and marching to Saint Albanes with Ensignes displayed sent Messengers to the King then at London admonishing him not onely to rid his Court but Kingdome of the TRAITORS TO THE REALME the Spensers condemned by the Commons in many Articles to preserve the peace of the Realme and to grant them and all their followers Letteâ—s Pattents of indemnity for what they had formerly done Which the King at first denied but afterwards this Armie marching up to London where they were received by the City he yeelded to it and in the 15 th yeare of his Raigne by a speciall Act of Parliament the said Spensers were disinherited and banished the Realme formis-councelling the king oppressing the people by injustice a vising him to levie warre upon his Subjects making evill Iudges and other Officers to the hurt of the King and Kingdome â—ngâ—ossing the Kings eare and usurping his Royall authority as ENEMIES of the King and OF HIS PEOPLE and by another Act of Parliament it was then provided that no man should be questioned for any felonies or trespasses committed in the prosecution of Hugh â—e de pensers the father and sonne which Act runnes thus Whereas of late many great men of the Realme surmised to Sir Hugh le Despenser the sonne and Father many misdemeanors by them committed against the estate of our Lord the King and of his Crowne and to the disinheritance of the great men and destruction of the people and pursued those misdemeanors and attainder of them by force because they could not be attainted by processe of Law because that the said Sir Hughes had accroached to them the royall power in divers manner the said Grandees having mutually bound themselves by oath in writing without the advise of our Lord the King and after in pursuing the said Hugh and Hugh and their alies and adherents the said great men and others riding with banners displaied having in them the Armes of the king and their owne did take and occupie the Chattels Villages Mannors Lands Tenements Goods and likewise take and imprison some of the Kings leige people and others tooke some and slew others and did many other things in destroying the said Hugh and Hugh and their alies and others in England Wales and in the Marches whereof some things may be said Trespasses and others felonies and the said Hugh and Hugh in the Parliament of our Lord the King sommoned at Westminster three weekes after the Nativitie of Saint John Baptist the 15. yeare of his Raigne for the said misdemeanors were fore judged and banished the Realme by a vote of the Peeres of the Land and the foresaid great men in the said Parliament shewed to our Lord the King that the things done in the pursuite of the said Hugh and Hugh by reason of such causes of necessity cannot be legally redressed or punished without causing great trouble or perchance warre in the land which shall be worse and prayed our Lord that of all alliances trespasses and felonies they might be for ever acquitted for the preservation of peace the avoyding of warre and asswaging of angers and rancors and to make unitie in the land and that our Lord the King may more intirely have the hearts and Wills of the great men and of his people to maintaine and defend his Lands and to make warre upon and grieve his enemies It is accorded and agreed in the said Parliament by our Lord the King and by the Prelates Earles Barrons and Commons of the Realme there assembled by command of our Lord the King that none of what estate or condition soever he be for alliance at what time soever made by deed oath writing or in other manner nor for the taking occupying or detainer of Chattels towns Mannors Lands Tenements and good taken imprisoning or ransoming the Kings leige People or of other homicides robberies felonies or other things which may be noted as trespasses or fellonies committed against the peace of the king by the said great men their allies or adherents in the pursuite aforesaid since the first day of March last past till the thursday next after the feast of the assumption of our Ladie to wit the 19. day of August next ensuing be appealed nor challenged taken nor imprisoned nor grieved nor drawne into judgement by the King nor any other at the suite of any other which shall be in the Kings Court or in any place else but that all such trespasses and Felonies shall be discharged by this accord and assent saving alwaies to all men but to the said Hugh and Hugh action and reason to have and recover their Chattels Farmes mannors Lands tenements wards and marriages according to the Lawes and customes used in the Realme without punishment against the king or damages recovered against the party for the time aforesaid For which end they prescribed likewise a Charter of Pardon annexed to this Act according to the purport of it which every one that would might sue out which Charter you may read in old Magna Charta From which Act of Parliament I shall observe these three things First that this their taking up Armes to apprehend the Spensâ—rs as enemies to the King and kingdom and marching with banners displayd was not then reputed high Treason or Rebellion against the King though it were by way of offence not of defence and without any authority of Parliament for there is not one word of Treason or Rebellion in this Act or in the Charter of pardon pursuing it and if it had beene high Treason this Act and Charters on it extending onely to Fellonie and Trespasses not to Treasons and Rebellions would not have pardoned these transcendent Capitall crimes Secondly that the unlawfull outrages robberies and murders committed by the souldiers on the kings leige people and not on the two Spensers the sole delinquents were the occasion of this Act of oblivion and pardon not the Armed pursuing of them when they had gotten above the reach of Law Thirdly that though this were an offensive not defensive warre made without common assent of Parliament and many murthers robberies and misdemeanors committed in the prosecution of it upon the kings leige people who were no Delinquents yet being for the common good to suppresse and banish these ill Councellors enemies Traytors to King and Kingdome the King and Parliament thought it such a publicke service as merited a pardon of these misdemeanors in the carriage of it and acquitted all who were parties to it from all suites and punishments All which considered is a cleare demonstration that they would have resolved our present defensive warre by Authoritie of both Houses accompanied with no such outrages as these for
against the king and his ill Councellors yea they who pursued apprehended and imprisoned the king himselfe are as to this particular discharged by the king and whole Parliament from all manner of guilt of punishment or prosecution whatsoever against them Which consideration makes me somewhat confident that this King and the Parliament held in the 25. yeare of his Raigne ch 2. Which declares it high Treason to levie warre against the King in his Realme did never intend it of a necessary defensive warre against a seduced King and his evill Councellors especially by the Votes of both Houses of Parliament who doubtlesse would never passe any Act to make themselves or their Posteritie in succeeding Parliaments Traytors for taking up meere necessary defensive Armes for their owne and the Kingdomes preservation for that had beene diametraâ—ly contrary to this statute made in the very first yeare and Parliament of this King and would have lâ—yd an aspertion of High Treason upon the king himself the Queene his Mother their own Fathers and many of themselves who thus tooke up Armes and made a defensive kinde of warre upon King â—dward the 2 d taking him prisoner but onely to Rebellious insurrections of private persons without any publick authority of Parliament or the whole Kingdome in generall and of meere offensive warres against the King without any just occasion hostilitie or violence on the Kings part necessitating them to take up defensive Armes which I humbly submit to the judgement of those grand Rabbies and Sages of the Law and the Honorable Houses of Parliament who are best able to resolve and are the onely Iudges to determine this point in controversie by the expresse letter and provision of 25. Ed. 3. ch 2. of Treasons In the first yeare of king Richard the 2 d. John Mercer a Scot with a Navie of Spanish Scottish French ships much infested the Marchants and Coasts of England taking many prises without any care taken by the king Lords or Councell to resist them Whereupon Iohn Philpot a rich Merchant of London diligently considering the defect that I say not treachery of the Duke of I ancaster and other Lords who ought to defend the Realme and grieving to see the oppressions of the people did at his proper charge hire a thousand souldiers and set out a fleete to take the said Mercers ships with the goods he had gotten by Pyracie and defend the Realme of England from such incursions who in a short time tooke Mâ—rcer prisoner with 15. Spanish ships and all the Booties he had gained from the English whereat all the people rejoyced exceedingly commending and extolling Philpot for the great love he shewed to his Countrey and casting out some reproachfull words against the Nobles and Kings councell who had the rule of the kingdome and neglected its defence Whereupon the Nobility Earles and Barons of the Realme conscious of this their negligence and envying Philpoâ— for this his Noble praise-worthy action began not onely secretly to lay snares for him but openly to reproach him saying That it was not lawfull for him to doe such things without the advise or councell of the King and Kingdome quasi non licuisset benefacere Regi VELREGNO sine consilio Comitum Baronum Writes Walsingham as if it were not lawfull to doe good to the King or Kingdome without the advise of the Earles and Barrons or Lords of the Privie Councell To whom objecting these things and especially to Hugh Earle of Stafford who was the chiefe Prolocutor and spake most against it Iohn Philpot gave this answere Know for certaine that I have destinated my money ships and men to sea to this end not that I might deprive you of the good name and honour of your Militia or warlike actions and engrosse it to my selfe but pittying the misery of my Nation and Country which now by your sloathfulnesse of a most Noble kingdome and Lady of Nations is devolved into so great misery that it lyeth open to the pillage of every one of the vilest Nations seeing there is none of you who will put your hand to its defence I have exposed me and mine therefore for the Salvation of my proper Nation and frteing of my Country To which the Earle and others had not a word to reply From this memorable history and discourse which I have translated verbatim out of Walsingham I conceive it most evident that in the default of king and Nobles it is lawfull for the Commons and every particular subject without any Commission from the king or his Councell in times of iminent danger to take up Armes and raise Forces by Sea or Land to defend the king and his Native Country against invading enemies as Philpot did without offence or crime Then much more may the Houses of Parliament the representative body of the whole kingdome and all private Subjects by their Command take up necessary defensive Armes against the kings Popish and Malignant Forces to preserve the king Kingdome Parliament People from spoyle and ruine In the 8. yeare of King Richard the 2 d. there arose a great difference betweene the Duke of Lancaster the king his young complices who conspired the Dukes death agreeing sodainely to arrest and arraigne him before Robert Trisilian Chiefe Iustice who boldly promised to passe sentence against him according to the quality of the crimes objected to him Vpon this the Duke having private intelligence of their treachery to provide for his owne safety wisely withdrew himselfe and posted to his Castle at Ponfract storing it with Armes and Victualls Hereupon not onely a private but publicke discord was like to ensue but by the great mediation and paines of Ione the kings mother an accord and peace was made betweene them and this defence of the Duke by fortifying his Castle with Armes against the King and his ill instruments for his owne just preservation held no crime If such a defence then were held just and lawfull in one particular Subject and Peere of the land onely much more must it be so in both Houses of Parliament and the Kingdome in case the Kings Forces invade them In the 10 th yeare of King Richard the second this unconstant king being instigated by Michael de la Pole Robert Vâ—ere Duke of Ireland Alexander Nevill ARchbishop of Yorke Robert Trysilian and other ill Councellors and Traytors to the kingdome endeavoured to seize upon the Duke of Glocester the Earles of Arundell Warwicke Derby Notingham and others who were faithfull to the kingdome and to put them to death having caused them first to be indighted of High Treason at Nottingham Castle and hired many Souldiers to surprise them Hereupon these Lords for their owne just defence raised Forces and met at Harynggye Parke with a numerous Army whereat the King being much perplexed advised what was best for him to do The Archbishop of Yorke and others of his ill Councell advised him to gee forth and give
them no doubt they would and might lawfully have defended themselves else why did they joyne themselves in a body why retire to strong holds and places of advantage why twice urge David to kill Saul in cold blood when he did not actually assault him but came causually unawares within his danger Why did David himselfe say even when he spared his life when he was a sleepe 1 Sam. 26. 10. As the Lord liveth the Lord shall smite him or his day shall come to dye or he shall descend into battell and perish but that if he had given him battle he might have defended himselfe against him though Saul should casually or wilfully perish in the fight And why was David so importunate to goe up against him with King Achish to the battle wherein he perished 1 Sam. 29. were resistance of him in case he assaulted him and his Forces utterly unlawfull This precedent of David then if rightly weighed is very punctuall to prove the justnesse of a defensive warre of which more anon and no evidence at all against it Eleventhly by the practise of the 10 Tribes who after their revolt from Rehoboam for giving them an harsh indiscreet answere to their just demands setting up another King and Kingdome even by divine approbation Rehoboam thereupon raising a great Army to fight against and reduce them to his obdience God himselfe by Semaiah the Prophet sent this expresse inhibition to Rehoboam and his Army Thus saith the Lord ye shall not go up nor fight against your brethren returne every man to his house FOR THIS IS DONE OF ME Whereupon the obeyed the Word of the Lord and returned 1 Kings 12. 2 Chron. c. 10. and 11. After which long warres continued betweene these Kingdomes by reason of this revolt wherein the ten Tribes and Kings of Israel still defended themselves with open force and that justly as the Scripture intimates 2 Chron. 12. 14 15. though that Ieroboam and the Israelites falling to Idolaty were afterwards for their Idolatry not revolt defeated by Abiah and the men of Iudah who relied upon God 2 Chron. 13. Twelfthly by the example of the King of Moab and his people who Rebelling against Iehoram King of Israel and refusing to pay the annuall Tribute of Lambes and Rammes formerly rendred to him hereupon Iehoram Iehoshaphat and the King of Edom raising a great Army to invade them the Moalites hearing of it gathered all that were able to put on Armour and upward and stood in the border to resist them 2 King 3 4 to 27. And by the practise of the Edâ—mites who revolting from under the hand of Iudah made a King over themselves Whereupon Ioram King of Iudah going up with his Forces against them to Zair they encompassed him in their owne defence and though they fled into their Tents yet they revolted from Iudah till this day and Libnah too 2 Kings 8. 20 21. 22. Thirteenthly by the example of Samaria which held out 3. yeeres siege against Shalmazezer King of Assyria notwithstanding their King Hoshea had by force submitted himselfe and his Kingdome to him and became his servant 2 Kings 17. 3. to 10. c. 18. 9. 10. Fourteenthly by the practise of godly Hezechiah who after the Lord was with him and prospered him whethersoever he went REBELLED against the King of Assyria and served him not as some of his predecessors had done 2 Kings 18. 7. whereupon the King of Assyria and his Captaines comming up against him with great Forces and invading his Country he not only fortified his Cities and encouraged his people manfully to withstand them to the utter most but actually resisted the Assyrians even by divine direction and encouragement and upon his prayer God himself by his Angel for his and Jerusalems preservation miraculously slew in the Campe of the King of Assria in one night an hundred fourescore and five thousand mighty men of valour Captaines and Leaders so as he returned with shame of face to his owne Land 2 King c. 18. and 19. 2 Chron. c. 32. I say c. 36. and â—7 An Example doubtlesse lawfull beyond exception ratified by God himselfe and his Angel too Fifteenthly by the examples of King Iehoiakim and Jehoiakin who successively rebelling against the King of Babylon who subdued and put them to a tribute did likewise successively defend themselves against his invasions seiges though with ill successe by reason of their grosse Idolatries and other sins not of this their revolt and defence to regaine their freedomes condemned only in Zeâ—echia for breach of his oath whereby they provoked God to give them up to the will of their enemies and to remove them out of his sight 2 King c. 24. 25 2 Chr. 36. Ier. c. 37. 38 39. Finally by the History of the Maccabees and whole state of the Iews defensive wars under them which though but Apochryphall in regard of the compiler yet no doubt they had a divine Spirit concurring with them in respect of the managing and Actors in them I shall give you the summe thereof very succinctly Antioâ—us Epiphanes conquering Ierusalem spoyled it and the Temple set up Heathenish customes and Idolatry in it subverted Gods worship destroyed the Bookes of Gods Law forced the people to forsake God to sacrifice to Idols slew and persecuted all that opposed and exercised all manner of Tyranny against them Hereupon Mattathias a Priest and his Sonnes moved with a godly zeale refusing to obey the Kings Command in falling away from the Religion of his Fathers slew a Iew that sacrificed to an Idoll in his presence together with the Kings Commissary who compelled men to Sacrifice and pulled downe their Idolatrous Altar which done they fled into the mountaines whither all the well-affected Iewes repaired to them Whereupon the Kings Forces hearing the premises pursued them and warred against them on the Sabbath day whereupon they out of an over-nice superstition least they should prophane the Sabbath by fighting on it when assaulted answered them not neither cast a stone at them nor stopped the places where they were hid but said let us dye all in our innocencie heaven and earth shall testifie for us that your put us to death wrongfully whereupon they slew both them their wives and children without resistance to the number of a thousand persons Which Mattathias and the rest of their friends hearing of mourned for them right sore and said one to another marke their speech if we all doe as our brethren have done and fight not for our lives and Lawes against the Heathen they will now quickly roote us out of the earth therefore they decreed saying whosoever shall come to make battle with us on the Sabbath day we will fight against him neither will we doe all as our brethren that were murthered in their secret places Whereupon they presently gathered and united their Forces assaulted their enemies recovered their Cities Lawes Liberties defended themselves manfully
to be of God by way of permission and of Ordination too in reference to the peoples punishment Job 34. 30. Hos 13. 11. 1 Sam. 8. 18. In these regards common to all other Governours and lawfull Governments as well as Kings and Monarchies Kings and Kingly Authority are and may be said to be of God and Gods Ordinance yet not immediately or properly in the first acception here refuted but so as that still they are really the institutions and ordinances of men of humane not divine right and authority As for the objected Scriptures to prove Kings jure Divino as Prov. 8. 15. By me Kings Reigne c. Ergo they are of immediate divine institution and have all their authority from God not from the people and may in no case be resisted censured deposed or put to death for any misdemeanours the consequences thence inferred I answer First That this Text speakes onely of the promotion or Reigne of Kings not of the erections and power of Monarchies and so doe Daniel 2. 21. c. 4. 17. 25. c. 5. 26. 28. with the other objected Scriptures Secondly If it be meant of the rule of Kings then true it is that good Kings Reigne by Gods direction according to his word executing justice and judgement as he enjoynes them But then it is not true of wicked Kings and Tyrants who though they Reigne by Gods Providence or permission yet they rule not by his word and will as he prescribes them Thirdly If it be meant of the meanes and manner of Kings comming to their Kingdomes as I conceive it is and the Texts of Daniel perswade True it is first That some Kings Reigned and came to the Crowne by Gods immediate nomination and designation as Saul David Solomon Jeroboam Jehu and Hazael did But that all or most did heretofore or now doe so especially in Pagan Kingdomes is a notorious falshood Secondly it is true That most lawfull Kings in hereditary or elective Kingdomes come to their Crownes and Reigne though not by Gods immediate nomination yet by his ordinary or speciall providence though it be untrue of Vsurpers and Tyrants who come to Reigne by Treason Murther or other unlawfull meanes and so by Gods permission onely rather than his providence and then the sense of the place is but this That Kings receive their Crownes and Reigne by Gods generall or more speciall providence Which I thinke is the full and proper sense of the place In this sense C. Plinius Secundus a heathen in his admirable Panegyrio to the Emperour Trajan a Pagan Rhetorizeth thus of him Quid enim praestabilius est aut pulchrius munus Deorum quam castus sanctus Diis simillimus Princeps Ac si adhuc dubium fuisset sorte casuque Rectores terris an aliquo numine darentur Principem tamen nostrum liqueret DIVINITUS CONSTITUTUM Non enim occulta potestate fatorum sed ab Jove ipso coram ac palam repertus electus est c. Which Tertullian thus seconds speaking even of the Roman Pagan Emperours Inde est Imperator unde homo antequam Imperator inde Potestas ei unde spiritus Per Deum tantus est So Irenaeus Cujus jussu homines nascuntur hujus jussu Reges constituuntur And Diodorus Siculus of the AEgyptians Existimant non SINE DIVINA QUADAM PROVIDENTIA pervenisse ad summam de omnibus Potestatem So the Esses hold this opinion Non obtingit cuiquam Imperium sine Dei cura speciali So Vitigis Omnis provectus maxime Regius ad Divinitatis munera referendus est and Clemens Romanus too Regem timeto sciens Domini esse electionem Which Grotius de Jure Belli l. 1. c. 3. sect 8. confirmes with other Authorities all concurring in this That Kings and Emperours are such onely by the selfe-same PROVIDENCE OF GOD by which they were men before they were Emperours which gives them no greater Prerogative in respect of irresistibility in unjust exorbitant actions then their being men by the selfe-same providence of God gave them before they were Emperours as Tertullians words most clearely prove But what priviledge this alone should yeeld to Kings more than to any other Magistrates Men or Beasts for my part I cannot yet discerne For doth not the same Text say of Nobles Princes Judges as well as of Kings Prov. 8. 15 16. By me Princes put as contradistinct to Kings decree justice By me Princes Rule AND NOBLES YEA ALL JUDGES OF THE EARTH Doth not David say of all kinde of Promotions whatsoever Psal 113. 7 8. The Lord raiseth the poore out of the dust and lifeteth the needy out of the dunghill that he may set him with Princes even with the Princes of his people And Psal 75. 5 6. Promotion commeth neither from the East nor from the South but God is the Judge he putteth downe one and setteth up another Nay doth not Christ informe us That the very haires of our head are all numbred That two sparrowes are sold for a farthing and yet one of them shall not fall on the ground without our Fathers providence Yea doth not every man yea every Bird Beast Fish Raven and living creature whatsoever as the Scripture expressely resolves receive enjoy their Lives Honours Offices Estates food rayment being preservation by Gods generall and speciall providence as well as Kings their Crownes Honours Lives Estates And is not the providence yea are not the very Angels of God who are all ministring spirits sent forth to minister to them who shal be heirs of salvation as vigilant over every pious Christian though never so mean despicable as over the greatest Monarch in the world If so as all men must necessarily acknowledge there being no respect at all of persons with God who accepts not the persons of Princes regards the rich no more then the poor for they are all the work of his hands then kings reigning by the Providence of God can of it self no more exempt them from resistance censures deprivations for their detestable publike crimes then it exempts any other Nobles Princes Iudges Magistrates Christians or the meanest subiects whatsoever which I shall make good by one more unanswerable demonstration There is not one of our Antagonists but will acknowledge that Priests under the Law and all Ministers under the Gospell if rightly qualified are not made only such by Gods speciall Providence but likewise by Divine institution from God himself Nay Tollet Willet and many others on this very Text of the Romanes make a difference between the civill and Ecclesiasticall Regiment and Powers for the first say they is so from God that yet the institution thereof may be devised and altered by man and therefore Peter calls it the Ordinance of man but the spirituall Power is immediatelly instituted by God and no wayes alterable or determinable by man And therefore the Apostle saith Ephes 4. 11. He gave
poenitentia pium quam imperto scoelestâ—â—m 〈…〉 confessus A memorable story of a zealous stout Prelate and of a penâ—tent submissive wild Prince I shall only adde to this some few domestick presidentâ— of our Welch Kings Teudur king of Brecknock for his periury and murther of Elgistiâ— another King of that Countrey was solemnly excommunicated by Gurcan the 10. Bishop of Landaffe and his Clergy in a Synod assembled for this purpose by uncovering the Altars casting the Crosses and Reliques on the ground and depriving him 〈◊〉 Christian communion Whereupon Toudur unable to undergoe this malediction and rigorous iustice with a contrite heart and many teares powred forth craved pardon of his crimes and submitted himselfe to the penance imposed on him according to his quality and greatnesse King Clotri slaying Iuguallaun treacherously contrary to his League and Oath Berthgwin the 14. Bishop of Landaffe hearing thereof assembled a Synod of his Clergy at Landaffe and solemnly excommunicated the King with all his Progeny and Kingdom by uncovering the Altars casting down the Crosses on the earth and depriving the Countrey both of Baptisme and the Euchâ—rist Whereupon the King unable to endure so great an excommunication with great deiection submitted himselfe to the Bishop and leaving his Kingdom went on pilgrimage into forraign parts for a long space after which returning by the intercession of king Morcant he obtained absolution from the Bishop to whose enioyned penance he submitted himself conferring divers Lands upon the Church And in another Synod at Landaffe under this Bishop King Gurcan for living incestuously with his Mother-in-law was solemnly excommunicated in form aforesaid whereupon he craved pardon resolved to put away his Mother-in-law promised satisfaction by K. Iudhail his Intercessor upon which he was absolved upon promise of amendment of life with fasting prayer and almes after which he bestowed divers Lands on the Church Houell king of Gleuissig contrary to his Oath League trecherously circumverring and slaying Gallun hereupon Cerenlyir the 18. Bishop of Landaffe calling a Synod solemnly excommunicated him by laying all the crosses on the ground overturning the Bells taking the Reliques from the Altar and casting them on the ground depriving him of all Christian communion under which excommunication he remained almost a whole yeers space After which this king came bare-foot to the Bishop imploring his absolution from this sentence with many teares which he obtained after publke penance enoyned Not long after the same Bishop and his Clergy in another Synod for the like crime in the self-same former excommunicated Ili sonne of Conblus till he came bare-footed with teares and prayed absolution which upon performance of enjoyned penance promise of future reformation with prayers fasting almes and the setling of some Lands on the Church was granted him by the Bishop So Loumarch son of Cargnocaun was in a full Synod excommunicated by Gulfrid the 20. Bishop of this See for violating the patrimony of the Church and king Brochuail with his family convented before a Synode threatned Excommunication enjoyned Penance and satisfaction by the Synode for some injuries offered to to Ciueilliauc the two and twentieth Bishop of Landaffe Mauric King of of Glamorgan was excommunicated by Ioseph the eigth and twentieth Bishop of Landaffe for treacherously putting out the eyes of Etguin during the truce between them After which he was again publikely excommunicated in a Synode for violating the Sanctuarie of the Church of Landaffe and hurting some of this Bishops servants and not absolved till he made his submission and did his Penance and gave some lands to the Church for satisfaction of these offence Thus Calgucam King of Morganauc and his whole family were solemnly excommunicated by Herâ—wald the nine and twentieth Bishop of Landaffe in a Synod of all his Clergy onely because one of the Kings followers being drunk laid violent hands upon Bathutis the Bishops Physitian and Kinsman on Christmas day Anno 1056. Whereupon all the Crosses and Reliques were cast to the ground the Bells overturned the Church doors stopped up with thorns so as they continued without a Pastor and Divine Service day and night for a long season till the King though innocent submitted himself to the Bishop and to obtain his absolution gave Henringuinna to him and his Successors for ever free from all secular and royall services in the presence of all the Clergie and people So Richard the tenth Bishop of Bangor excommunicated David ap Lhewelin Prince of Wales for detaining his brother Griffith prisoner contrarie to his Oath repairing to him upon the Bishops word for his safe return who never left vexing him till he had delivered him up to to the King of Englands hands Many such presidents of Prelates censuring and excommunicating their Kings occur in Storie which for brevity I pretermit onely ' I shall inform you that Iohn Stratford Archbishop of Canterbury in the 14. year of K. Edw. 3 contesting with this King and excommunicating divers of his followers and all the infringers of the Churches Liberties presumed to write thus unto his Soveraign There are two things by which the world is principally governed The sacred Pontificall authority and the royall power of which the Priesthood is by so much the more weighty ponderous and sublimâ— by how much they are to give an account of kings themselves at the Divine audit And therefore the kings Majesty ought to know that you ought to depend on their judgement not they to be regulated according to your will For who doubteth that the priests of Christ are accounted the FATHERS AND MASTERS of Kings Princes and all faithfull Christians Is it not known to be apart of miserable madnesse if the son should endeavour to subjugate the Father the servant the master to himself The Canonicall authority of Scriptures testifieth that diver Pontiffs have excommunicated some of them Kings others Emperours And if you require somewhat in speciall of the persons of Princes Saint Innocent smote the Emperour Archadius with the sword of excommunication because he consented that Saint John Chrysostom should be violently expelled from his See Likewise Saint Ambrose Archbishop of Millain for afault which seemednot so hainous to other priests excommunicated the Emperour Theodosius the great From which sentence having first given condigne satisfation he afterwards deserved to be absolved and many such like examples may be alleaged both more certain for time and nearer for place Therefore no Bishops whatsoever neither may nor ought to be punished by the secular Power if they chance to offend through humane frailtie For it is the duty of a good and religious Prince to honour the Priests of God and defend them with greatest reverence in imitation of the Pious Prince of most happy memory Constantine saying when the cause of Priests was brought before him You cannot be iudged by any to wit of the secular judges who are reserved to the iudgement of God alone according
to the assertion of the Apostle very ill applied saying The spirituall man is iudged of no man 1 Corinth 2. 15. Not meant of Bishops or Clergie-men but Saints alone endued with Gods Spirit not of judging in courts of iustice but of discerning spirituall things and their own spirituall Estates as the Context resolves Thus and much more this Prelate who notwithstanding this text of the Romanes pleads an exemption of all Bishops and Priests from the kings secular power by Divine Authority and arrogates to Priest and Prelates a iudiciary lawfull power over Kings themselves to excommunicate and censure them for their offences And to descend to later times even since the the Reformation of Religion here Iohn Bridges Dean of Sarum and Bishop of Oxfort even in his Book intituled The supremacy of Christian Princes over all persons thorowout their Dominions in all causes so well Ecclesiasticall as spirituall printed at London 1573. p. 1095. writes thus But who denies this M. Saunders that a godly Bishop may upon great and urgent occasion if it shall be necessary to edifie Gods Church and there be no other remedy flee to this last censure of Excommunication AGAINST A WICKED KING Making it a thing not questionable by our Prelates and Clergie that they may in such a case lawfully excommunicate the King himself And Doctor Bilson Bishop of Winchester in his True difference between Christian subiection and unchristian Rebellion dedicated to Queen Elizabeth her self printed at Oxford 1595. Part. 3. Page 369. to 378. grants That Emperours Kings and Princes may in some cases be Excommunicated and kept from the Lords Table by their Bishops and grants That with Hereticks and Apostates be THEY PRINCES or private men no Christian Pastor nor people may Communicate Neither finde I any Bishop or Court Doctor of the contrary opinion but all of them readily subscribe hereto If then not onely the ill Counsellors and Instruments of Kings but Kings and Emperours themselves may thus not onely be lawfully iustly resisted but actually smitten and excommunicated by their Bishops and Clergy with the spirituall sword for their notorious crimes and wickednesses notwithstanding this inhibition which Valentinian the Emperour confessed and therefore desired that such a Bishop should be chosen and elected in Millain after Auxentius as he himself might really and cordially submit to him and his reprehensions since he must sometimes needs erre as a man as to the medicine of souls as he did to Ambrose when he was elected Bishop there why they may not likewise be resisted by their Laity in the precedent cases with the temporall sword and subjected unto the censures of the whole Kingdoms and Parliaments transcends my shallow apprehension to conceive there being as great if not greater or the very self-same reason for the lawfulnesse of the one as of the other And till our Opposites shall produce a substantiall difference between these cases or disclaim this their practice and doctrine of the lawfulnesse of excommunicating Kings and Emperours they must give me and others liberty to conceive they have quite lost and yeelded up the cause they now contend for notwithstanding this chief Text of Romaves 13. the ground of all their strength at first but now of their ruine The tenth Objection is this that of 1 Pet. 2 13 14 15 16. Submit your selves to every ORDINANCE OF MAN for the Lords sake whether it be to The King AS SVPREAME or unto Governours as unto them that are sent by him to wit by God not the King as the distribution manifests and Rom. 13. 1 2 3 4. For the punishment of evill doers and for the praise of them that doe well c. Feare God Honour the King wee must submit to Kings and honour Kings who are the supream Governours therefore we may in no case forcibly resist them or their Officers though they degenerate into Tyrants To which I answer that this is a meerin consequent since the submission here injoyned is but to such Kings who are punishers of evill doers and praisers of those that do well which the Apostle makes the Ground and motive to submission therefore this text extends not to Tyrants and oppressours who doe quite contrary We must submit to Kings when they rule well and justly is all the Apostle here affirms Ergo wee must submit to and not resist them in any their violent courses to subvert Religion Lawes Liberties is meet non-sence both in Law Divinity and common Reason If any reply as they doe that the Apostle vers 18 19 20. Bids servants 〈◊〉 subject to their Masters with all feare not onely to the good and gentle but also to the froward For this is thank-worthy if a man for conscience towards God endure griefe suffering wrongfully c. Ergo this is meant of evill Magistrates and Kings as well as good I answer 1. That the Apostles speaks it onely of evill Masters not Kings of servants not subjects there being a great difference between servants Apprentices Villaines and free borne subiects as all men know the one being under the arbitrary rule and government of their Master the other onely under the just setled legall Government of their Princes according to the Lawes of the Realme Secondly this is meant onely of private personall iniuries and undue corrections of Masters given to servants without iust cause as vers 20. For what glory is it if when yee be BVFFETED FOR your faults c. intimates not of publike iniuries and oppressions of Magistrates which indanger the whole Church and State A Christian servant or subiect must patiently endure private undue corrections of a froward Master or King Ergo whole Kingdomes and Parliaments must patiently without resistance suffer their kings and evill Instruments to subvert Religion Lawes Liberties Realms the proper deduction heen is but a ridiculous conclusion Secondly This Text enjoynes no more subjection to kings then to any other Magistrates as the words Submit your selves TO EVERY ORDINANCE of Man Or unto Governors c. prove past all contradiction And vers 6. which bids us Honour the King bids us first in direct tearmes HONOVR ALL MEN to wit All Magistrates at least if not all men in generall as such There is then no speciall Prerogative of irresistability given to kings by this Text in injurious violent courses more then there is to any other Magistrate or person whatsoever God giving no man any Authority to injure others without resistance especially if they assault their persons or invade their Estates to ruine them Since then inferiour Officers and other menmay be forcâ—bly resisted when they actually attempt by force to ruine Religion Lawes Liberties the republike as I haue proved and our Antagonists must grant by the self-same reason kings may be resisted too notwithstanding any thing in this Text which attributes no more irresistability or authority to Kings then unto other Magistrates Thirdly Kings are here expresly called AN ORDINANCE OF
MAN not God as I have formerly proved them to be If so I then appeal to the consciences of our fiercest Antagonists whether they do beleeve in their consciences or date take their Oathes upon it That ever any people or Nation in the world or our Ancestors at first did appoint any Kings or Governours over them to subvert Religion Laws Liberties or intend to give them such an unlimited uncontroulable Soveraignty over them as not to provide for their own safety or not to take up Arms against them for the necessary defence of their Laws Liberties Religion Persons States under pain of high Treason or eternall damnation in case they should degenerate into Tyrants and undertake any such wicked destructive designe If not as none can without madnesse and impudence averre the contrary it being against all common sence and reason that any man or Nation should so absolutely irresistably inslave themselves and their Posterities to the very lusts and exorbitancies of Tyrants and such a thing as no man no Nation in their right sences were they at this day to erect a most absolute Monarchie would condescend to then clearly the Apostle here confirming onely the Ordinances of men and giving no Kings nor Rulers any other or greater power then men had formerly granted them for that had been to alter not approve their humane Ordinances I shall infallibly thence inferre That whole States and Subjects may with safe conscience resist the unjust violence of their Kings in the foresaid cases because they never gave them any authority irresistably to act them nor yet devested themselves much lesse their posterity whom they could not eternally inslave of the right the power of resisting them in such cases whom they might justly resist before whiles they were private men and as to which illegall proceedings they continue private persons still since they have no legall power given them by the people to authorize any such exorbitances Fourthly The subjection here enjoyned is not passive but active witnesse ver 15. For so is the will of God that by WELL DOING to wit by your actuall cheerfull submission to every Ordinance of man for the Lords sake c. you put to silence the ignorance of foolish men as free and not using your liberty c. If then this Text be meant of active not passive obedience then it can be intended onely of lawfull Kings of Magistrates in their just commands whom we must actually obey not of Tyrants and Oppressours in their unjust wicked proceedings whom we are bound in such cases actually to disobey as our Antagonists grant and I have largely evidenced elsewhere Wherefore it directly commands resistance not subjection in such cases since actuall disobedience to unjust commands is actuall resisting of them And that these Texts prescribing resistance tacitely should apparantly prohibit it under pain of Treason Rebellion Damnation is a Paradox to me Fifthly This Text doth no way prove that false conceit of most who hence conclude That all Kings are the Supream Powers and above their Parliaments and whole Kingdoms even by Divine institution There is no such thing nor shadow of it in the Text. For first This Text calls Kings not a Divine but Humane Ordinance If then Kings be the Supreamest Power and above their Parliaments Kingdoms it is not by any Divine Right but by Humane Ordination onely as the Text resolves Secondly This Text prescribes not any Divine Law to all or any particular States nor gives any other Divine or Civill Authority to Kings and Magistrates in any State then what they had before for if it should give Kings greater Authority and Prerogatives then their people at first allotted them it should alter and invade the settled Government of all States contrary to the Apostles scope which was to leave them as they were or should be settled by the peoples joynt consent It doth not say That all Kings in all Kingdoms are or ought to be Supreame or let them be so henceforth no such inference appears therein It speaks not what Kings ought to be in point of Power but onely takes them as they are according to that of Rom. 13. 2. The Powers that ARE c. to wit that are even now every where in being not which ought to be or shall be whence he saith Submit to the King as supreame that is where by the Ordinance of man the King is made supreame not where Kings are not the supreamest Power as they were not among the ancient Lacedemonians Indians Carthaginians Gothes Aragonians and in most other Kingdoms as I have elsewhere proved To argue therefore We must submit to Kings where the people have made them supreame Ergo All Kings every where are and ought to be supreame Jure divino as our Antagonists hence inferre is a grosse absurdity Thirdly This Text doth not say That the King is the supreame soveraigne Power as most mistake but supreame Governour as the next words or Governours c. expond it and the very Oath of Supremacie 1. Eliz. Cap. 1. which gives our Kings this Title Supreame Governour within these his Realms Now Kings may be properly called Supreame Magistrates or Governours in their Realms in respect of the actuall administration of government and justice all Magistrates deriving their Commissions immediately from them and doing justice for and under them and yet not be the Soveraign Power as the Romane Emperours the Kings of Sparta Arragon and others the German Emperours the Dukes of Venice in that State and the Prince of Orange in the Nether-lands were and are the Supreame Magistrates Governours but not the Supreame Severaigne Powers their whole States Senates Parliaments being the Supreamest Powers and above them which being Courts of State of Justice and a compound body of many members not alwayes constantly sitting may properly be stiled The Supreame Courts and Powers but not the Supreame Magistrate or Governour As the Pope holds himself the Supreame Head and Governour of the Militant Church and the Arch-Bishop of Canterbury stiles himself the Primate and Metropolitane of all England and so other Prelates in their Provinces yet they are not the Soveraigne Ecclesiasticall Power for the King at least Generall Councells or Nationall Synods which are not properly tearmed Governours but Power are Paramount them and may lawfully censure or depose them as I have elsewhere manifested To argue therefore that Kings are the highest Soveraign Power because they are the highest particular Governours and Magistrates in their Realms as our Antagonists do is a meer Fallacie and Inconsequent since I have proved our own and most other Kings not to be the highest Powers though they be the Supreamest Governours Fourthly This Text speaks not at all of the Romane Emperour neither is it meant of him as Doctour Fernâ— with others mistake who is never in Scripture stiled a King being a Title extreamly odious to the Romanes and for ever banished their State with
an Oath of execration by an ancient Law in memory whereof they instituted a speciall annuall Feast on the 23. of February called Regifugium the hatred of which Title continued such that Tully and Augustine write Regem Romae posthac nec Dii nec Homines esse patiantur And Caesar himself being saluted King by the multitude perceiving it was very distastfull to the States answered CAESAREM SE NON REGEM ESSE which Title of Caesar not King the Scripture ever useth to expresse the Emperour by witnesse Matth. 22. 17 21. Mark 12. 14 16 17. Luke 2. 1. chap. 20. 22 24 25. chap. 23. 2. John 19. 12 15. Acts 11. 28. chap. 17. 7. chap. 25. 8 10 11 12 21. chap. 26. 32. chap. 27. 24. chap. 28. 19. Phil. 4. 22. Which Texts do clearly manifest that no Title was ever used by the Apostles Evangelists Jewes to expresse the Emperour by but that of Caesar not this of King Therefore Peters Text speaking onely of the King not Caesar cannot be intended of the Romane Emperour as ignorant Doctors blindly fancie Fifthly This Epistle of Peter the Apostle of the Jews was written onely to the dispersed Jews thorowout Pontus Galatia Cappadocia Asia and Bythinia 1 Pet. 1. 1. over whom Herod at that time reigned as King by the Romane Senates and Emperours appointment who had then conquered the Jews and made them a tributarie Province as is evident by Matth. 27. 17 21. Mark 12. 14 16 17. Luke 20. 22 24 25. chap. 23. 2. Acts 17. 7. chap. 25. 8 10 11 12 21. chap. 27. 24. chap. 12. 1. to 24. compared together and by Josephus the Century writers Baronius Sigonius and others The King then here mentioned to be supreame was Herod or King Agrippa or some other immediate King of the Jews who was their supreame Governour not absolutely but under the Romane Senate and Emperours and made so by their appointment whence called in the Text an Ordinance of man not God Now this King of the Jews as is evident by Pauls Appeal to Caesar from Festus and King Agrippa as to the Soveraign Tribunall Acts 25. and 26. by Josephus Philo Judaeus de legatione ad Caium and the consent of all Historians was not the absolute Soveraigne Power but subordinate to the Romane Emperour and Senate who both created and bad power to controll remove and censure him for his misdemeanours yet Peter calls him here Supreame because the Highest Governour under them as we stile our Kings Supreame Governours under Christ Therefore having a Superiour Governour and Power over him to which he was accountable and subordinate Supreame in the Text cannot be meant of a King absolutely Supreame having no Power Superiour to him but God but onely relatively Supreame in respect of under-Governours there actually residing whose Supremacie being forcibly gained onely by conquest not free consent and the ancient native Kings of the Jews being inferiour to their whole Senates and Congregations and to do all by their advice as Josephus Antiq. Jud. lib. 4. cap. 8. 2. Sam. 18. 3 4. Jer. 38. 45. 1. Chron. 13. 1. to 6. attest will no way advantage our Opposites nor advance the Prerogative of Kings since it extends onely to the King of the Jews that then was who was not simply Supream but a Subject Prince subordinate to the Romane State and Empire and one appointed by a Conquerour not freely chosen and assented to by the people So as all the Argument which can hence be extracted for the absolute Soveraigntie and irresistibility of Kings over their whole Kingdomes and Parliaments is but this The King of the Jews was in Peters time the Supreame Magistrate over that Nation by the Romane Senates and Emperours appointment to whom yet he was subordinate and accountable the Romanes having conquered the Jewes by force and imposing this government upon them without their consents Therefore the Kings of England and all other Kings are absolute Soveraigne Monarches Superiour to their whole Parliaments and Kingdomes collectively considered and may not in point of conscience be forcibly resisted by them though they endeavour to subvert Religion Laws Liberties How little coherence there is in this Argument the silliest childe may at first discern From these Scriptures I descend to Reasons deduced from them against resistance which I shall contract into three Arguments The first is this Kings are the Fathers Heads Lords Shepherds of the Common-wealth Ergo They ought not to be resisted in any their exorbitant proceedings it being unlawfull unseemly for a Son to resist his Father the Members the Head the Vassals their Lord the Flock their Shepherd To this I answer First They are Fathers Shepherds Lords Heads onely in an improper allegoricall not genuine sence therefore nothing can thence be properly inferred They are and ought to be such in respect of their loving and carefull affection towards their Subjects not in regard of their Soveraigne Power over them Therefore when their Tyrannie makes them not such in regard of care and affection to their people their people cease to be such in regard of filiall naturall and sheep-like submission When these Shepberds turn Wolves these Fathers Step-fathers the Subjects as to this cease to be their Sheep their Children in point of Obedience and Submission Secondly If we consider the Common-weal and Kingdom collectively Kings are rather their Kingdoms children then Parents because created by them their publike servants ministers for whose benefit they are imployed and receive wages not their Soveraigne Lords their subordinate Heads to be directed and advised by them not Tyrannically to over-rule them at their pleasure Therefore Paramount and able in such cases to resist them Thirdly Parishioners may no doubt lawfully resist the false Doctrines and open assaults of their Ministers though they be their Spirituall Shepherds Citizens the violent oppressions of their Maiors though they be their Politique Heads Servants the unjust assaults of their Masters though their lawfull Lords who may not misuse their very Villaines by Law And if Parents will violently assault their naturall children Husbands their Wives Masters their Servants to murther them without cause they may by Law resist repulse them with open force Fourthly A Son who is a Judge may lawfully resist imprison condemne his naturall Father A Servant his Lord A Parishioner his Pastour a Citizen his Major a meer Gentleman the greatest Peer or Lord as experience proves because they do it in another capacity as Judges and Ministers of publike Justice to which all are subject The Parliament then in this sence as they are the representative Body of the Realm not private Subjects and their Armies by their authority may as they are the highest Soveraign Power and Judicature resist the King and his Forces though he be their Father Head Shepherd Lord as they are private men Fifthly This is but the common
THE THIRD PART OF THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Parliaments present Necessary Defensive Warre against the Kings offensive Malignant Popish forces and Subjects taking up Defensive Armes against their Soveraignes and their Armies in some Cases is copiously manifested to be Just Lawfull both in point of Law and Conscience and neither Treason nor Rebellion in either by inpregnable Reasons and Authorities of all kindes Together With a Satisfactory Answer to all Objections from Law Scripture Fathers Reason hitherto alledged by Dr. Ferne or any other late opposite Pamphleters whose grosse Mistakes in true Stating of the present Controversie in sundry points of Divinity Antiquity History with their absurd irrationall Logicke and Theologie are here more fully discovered refuted than hitherto they have been by any Besides other particulars of great concernment By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne 2 Sam. 10. 12. Be of good courage and let us play the men for our People and for the City of our God and the Lord doe what seemeth him good Esther 9. 1 2. 5 10. In the day that the enemies of the Jewes hoped to have power over them the Jewes gathered themselves together into their Cities through out all the Provinces of King Ahashuerus to lay hand on those that sought their lives and no man could withstand them for the feare of them fell upon all people Thus the Jewes sinote all their enemies with the stroke of the sword and slaughter and destruction and did what they would with those that hated them but on the spoile laid they not their hand It is this eighth day of May 1643. Ordered by the Committee of the House of Commons in Parliament for Printing that this Booke Intituled The third Part of the Soveraign Power of Parliaments and Kingdomes be Printed by Michael Sparke senior John White Printed at London for Michael Sparke Senior 1643. TO HIS EVER-HONOVRED NOBLE KINDE FRIENDS THE Right Honourable Lord Ferdinando Fairfax the Right Worshipfull Sir William Waller and Sir William Bruerton Knights Commanders in Chiefe of the Parliaments Forces in severall Counties Deservedly Renowned Worthies YOUR Incomparable Valour Zeale Activity Industry for the preservation of Your Dearest Country Religion Lawes Liberties and the very being of Parliaments all now endangered by an unnaturall generation of Popish and Malignant Vipers lately risen up in Armes against them in diverse parts of this Realme and those many miraculous Victories with which God hath beene lately pleased to Crowne your cordiall endeavours to promote his glory and the Publicke safety as they have justly demerited some gratefull generall Acknowledgements from the whole Representative Body of the State so they may in some sort challenge a private gratulatory Retribution from Me who have formerly had the happinesse to participate in your Christian Affections and now reape much Consolation by your Heroick Actions Having therefore seasonably finished this Third part Of the Soveraigne Power of Parliaments and Kingdoms copiously Vindicating the Lawfulnesse Iustnesse of the Parliaments present Necessary Defensive Warre in which you have had the Honour to be imployed not onely as Chiefe but which is more as most successefull Commanders in your severall Countries in point both of Law and Conscience and fully wiping off those blacke Aspersions of TREASON and REBELLION which the opposite party really guilty of these crimes against both King and Kingdome as I have elsewhere manifested and here lightly touched have out of Malice Ignorance or both conjoyned most injuriously cast upon your Loyall honourable proceedings which rejoyce the soules of all true Philopaters who cordially affect their Country or Religion I could not without much ingratitude yea injustice have published it to the world but under the Patronage of your ever-honored resplendent names who have so valorously so successefully pleaded this Cause already in the Field that it needs the lesse assistance from the Presse My many inevitable interruptions and straites of time in its contexture which may happily detract something from its perfection shall I hope derogate nothing from your Honourable Friendly acceptation whom I have thus conjoyned in the Dedication because the Parliament hath united you in their present Warlike employments and God himselfe joyntly honoured you with successe even to admiration among the Good indignation amidst Malignants envy with the Malicious and I trust to an active sedulous emulation in all your Fellow Commanders imployed in other Quarters in the selfesame Cause Your present busie publike and mine owne private Imployments prohibite me to expatiate Wherefore earnestly beseeching the Glorious Lord of Hosts to be ever mightily present with your severall Noble Persons Forces and to make you alwayes eminently active Valorous Victorious as hitherto he hath done till Peace and Truth Tranquillity and Piety by your severall triumphant Proceedings shall once more lovingly embrace and kisse each other in our divided unreformed sinfull Kingdomes And till the effect of these just warres You manage shall be quietnesse and assurance to us and our Posterities after us for ever I humbly recommend your Persons Proceedings to his protection who can secure you in and from all dangers of warre and rest Your Honours Worships most affectionate Friend and Servant WILLIAM PRYNNE To the Reader Christian Reader I Who have beene alwayes hitherto a Cordiall Desirer endeavourer of Peace am here necessitated to present Thee with a Discourse of Warre to justifie The Lawfulnesse of the Parliaments present taking up of necessary Defensive Armes Which neither their Endeavours nor my with many others Prayers could with any safety to our Priviledges Persons Religion Liberty Realmes now forcibly invaded by his Majesties Popish and Malignant Cavallieres hitherto prevent or conjure downe To plead the Justnesse of a Warre of an unnaturall Civill warre the worst of any of a Warre betweene the Head and Members may seeme not onely a Paradox but a Prodigie in a Land heretofore blessed with an aged uninterrupted Peace And Lucans Bella per AEmathios plusquam civilia Campos c. now most unhappily revived among us being but Historicall and Poeticall may passe the world with lesse admiration and censure than this harsh Peece which is both Legally Theologically like the Subject matter Polemicall But as the ayme the end of all just War is and ought to be onely future setled Peace so is the whole drift of this Military Dissertation not to foment or protract but end our bloody Warres which nothing hath more excited animated lengthened in the Adverse party than a strong conceite if not serious beliefe that The Parliaments Forces neither would nor lawfully might in point of Law or Conscience forcibly resist or repulse their invasive Armes without danger of High Treason and Rebellion which Bug-beare I have here refuted removed and the In-activity the much admired slownesse of many of our Forces in resisting in preventing their vigorous Proceedings which a little timely vigilance and diligence had easily controlled It is a more than
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 erectus 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 naseuntur as Bracton and Fleta determine as not to permit the Subjects under paine of Rebellion 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 For escue and Mariana prove at large both by Oath and Duty ought to be more observant of and obedient to the Laws of God and their Realmes which are no respectors of Persons then the very meanest of their Subjects That Precept then of Paul Rom. 13. 1. 2. 3. Let every Soule be subject to the higher Powers c. And the Statute of 25. E. 3. c. 2. with other obsolete Acts which declare it High Treason to levy Warre against the King in his Realme must needs be intended of and quallified with these subsequent just limitations sutable to their genuine sense and meaning to wit That as long and so farre foorth as Kings justly and uprightly doe execute their just Royall power conferred on them by God and their people according to the Law of God and their Realmes to the Protection encouragement and praise of all their good Subjects and the deserved punishment onely of Malefactors they must and ought to be cheerefully obeyed and quietly submitted to as Gods owne Ministers without the least resistance private or publike neither ought any private men upon any private injuries of their owne authority to raise up in Armes against them seeing they are publike Magistrates in whom all the Kingdome have an interest without the generall assent and authority of the whole State and Kingdome or of both Houses of Parliment which represents it But if Kings degenerate into Tyrants and turne professed enemies to their Kingdomes Parliaments People by making open Warre against them by spoyling murthering imprisoning maiming sacking destroying or putting them out of their Protections without any just or lawfull grounds endeavouring by force of Armes to subvert their Lawes Liberties Religion and expose them as a prey to their mercilesse blood-thirsty Souldiers or bring in Forraigne Forces to conquer them our present case I dare confidently averre it was never the thought nor intention of Paul or the Holy Ghost much lesse of our Nobles Prelats and Commons in Parliament which enacted these Lawes who so oft tooke up Armes aswell offensive as defensive against our Kings in such like cases heretofore to inhibit Subjects Kingdomes Parliaments especially by direct Votes and Ordinances of both Houses under paine of damnation high Treason or Rebellion by defensive Armes to resist Kings themselves or any of their Cavalliers and if this question had beene put to Paul Peter or any of those Parliaments which enacted these objected Lawes Whether they ever meant by these Precepts or Statutes totally to prohibite all Subjects by generall assent in Parliament to take up such defensive Armes or make any forceable resistance against their Kings or their Armies in such cases of extremity and necessity as these under the foresaid penalties I make little question but they would have clearely resolved that it was never so much as within the compasse of their thoughts much lesse their plaine intention to prohibite such a resistance in this or such like cases but onely according to the precedent exposition of their words and that they never imagined to establish in the world any Vnresistable Lawlesse Tyranny or any such spoile or butchery of Kingdomes of Subjects execrable to God and man in all persons all ages which have resisted them even unto blood but rather totally to suppresse them There being scarce any more pregnant Text against the Tyranny the boundlesse Prerogatives the illegall proceedings of Kings and Higher Powers in all the Scripture then that of Romans 13. 1. to 7. if rightly scanned as Pareus and others on it manifest Therefore the Parliaments and peoples present defensive Warre and resistance against their seduced King and his Malignant Popish Cavalliers is no violation of any Law of God of the Realme but a just necessary Warre which they have to the uttermost endeavoured to prevent and no Treason no Rebellion at all within the meaning of any Law or Statute unlesse we should thinke our Parliaments so mad as to declare it high Treason or Rebellion even for the Parliament and Kingdome it selfe so much as to take up Armes for their owne necessary preservation to prevent their inevitable ruine when they are openly assaulted by Royall armies which none can ever presume they would doe being the very high way to their owne and the whole Kingdomes subversion Fiftly admit the King should bring in Forraigne forces French Spanish Danes Dutch or Irish to destroy or Conquer his Subjects Parliament Kingdome as some such forces are already landed and more expected dayly and should join himselfe personally with them in such a service I thinke there is no Divine Lawyer or true hearted Englishman so void of reason or common understanding as to affirme it Treason or Rebellion in point of Law and a matter of Damnation in Conscience or true Divinity for the Parliaments Subjects Kingdome to take up necessary defensive armes for their owne preservation in such a case even against the King himselfe and his army of Aliens but would rather deeme it a just honourable necessary action yea a duty for every English man to venture his life and all his fortunes for the defence of his owne dearest Native Countrey Posterity Liberty Religion and no lesse then a glorious Martyrdome to dye manfully in the Field in such a publicke quarrell the very Heathens generally resolving that Dulce decorum est pro Patria mori Et mortes pro Patria appetitae Non solum gloriosae Rhetoribus sed etiam beatae videri solent In a case of this quallitie Whence that noble Romane Camillus professed to all the Romanes in a publike Oration Patriae deesse quoad vita suppetat alijs turpe Camillo etiam NEFAS EST. And is not there the selfe same equity and reason when the King shall raise an Army of Popish English or Irish Rebels Malignants Delinquents and bring in Forraigners though yet in no great proporation to effect the like designe If armed forceable resistance be no Treason no Rebellion in Law or Conscience in the first it can be no such crime in our present
case Sixtly I would demand of any Lawyer or Divine What is the true genuine reason that the taking up of offensive armes against or offering violence to the person or life of the King is High Treason in point of Law and Divinitie Is it not onely because and as he is the head and chiefe member of the Kingdome which hath a Common interest in him and because the Kingdome it selfe sustaines a publike prejudice and losse by this War against and violence to his Person Doubtlesse every man must acknowledge this to be the onely reason for if he were not such a publike person the levying War against or murthering of him could be no High Treason at all And this is the reason why the elsewhere cited Statutes of our Realme together with our Historians make levying of Warre deposing or killing the King by private persons High Treason not onely against the King but the REALME and Kingdome to Witnesse the Statutes of 5. R. 2. c 6. 11. R. 2. c. 1. 3. 6. 17 R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Parl. 2. c. 6. 28. H. 8. c. 7. 1. Mar. c. 6. 13. Eliz. c. 1. 3. Iaco. 1. 2. 3. 4. and the Act of Pacification this present Parliament declaring those persons of England and Scotland TRAITORS TO EITHER REALME who shall take up Armes against either Realme without common consent of Parliament which Enact The levying of Warre against the Kingdome and Parliament invading of England or Ireland treachery against the Parliament repealing of certaine Acts of Parliament ill Counselling the King coyning false Money and offering violence to the Kings person to take away his Life to be high Treason not onely against the King and his Crowne but THE REALME TO and those who are guilty of such crimes to bee High Traitors and Enemies TO THE REALME as well at to the King Hence Iohn of Gaunt Duke of Lancaster being accused in a Parliament held in 7. R. 2. by a Carmelite Frier of High Treason for practising sodainely to surprise the KING and seize upon his Kingdome the Duke denied it as a thing incredible upon this very ground If I should thus said he affect the Kingdome Js it credible after your murder which God forbid that the Lords of this Kingdome could patiently endure me Domini mei ET PATRIAE PRODITOREM being a Traitor both of my LORD and COUNTREY Hence in the same Parliament of 7. R. 2. John Walsh Esquire Captaine of Cherburg in France was accused by one of Navarre DE PRODITIONE REGIS REGNI Of Treason against the King and Kingdome for delivering up that Castle to the Enemies And in the Parliament of 3. R. 2. Sir John Annesley Knight accused Thomas Ketrington Esquire of Treason against the King and Realme for betraying and selling the Castle of Saint Saviour within the Isse of Constantine in France to the French for a great summe of money when as he neither wanted Victuals nor meanes to defend it both which Accusations being of Treasons beyond the Sea were determined by Battle and Duels fought to decide them Hence the great Favourite Pierce Gaveston Tanquam Legum subversor Hostis Terrae Publicus Publicus Regni Proditor capite truncatus est and the two Spensers after him were in Edward the second his Raigne likewise banished condemned and executed as Traitors to the King and Realme ET REGNI PRODITORES for miscounselling and seducing the King and moving him to make Warre upon his people Hence both the Pierces and the Archbishop of Yorke in their Articles against King Henry the fourth accused him as guilty of High Treason and a Traitor both to the King Realme and Kingdome of England for Deposing and murthering Richard the second And hence the Gunpouder Conspirators were declared adjudged and executed as Traitors both to the KING REALME for attempting to blow up the Parliament House when the King Nobles and Commons were therein assembled If then the King shall become an open enemie to his Kingdome and Subjects to waste or ruine them or shall seeke to betray them to a Forraigne Enemy which hath beene held no lesse then Treason in a King to doe who by the expresse resolution of 28. H. 8. cap. 7. may become a Traitor to the REALME and thereupon forfeit his very right and title to the Crowne it can be no Treason nor Rebellion in Law or Theologie for the Parliament Kingdome Subjects to take up armes against the King and his Forces in such a case when he shal wilfully and maliciously rent himselfe from and set himselfe in direct opposition against his Kingdome and by his owne voluntary actions turne their common interest in him for their good and protection into a publicke engagement against him as a common Enemy who seekes their generall ruine And if Kings may lawfully take up armes against their Subjects as all Royallists plead after they reject their lawfull power and become open Rebels or Traitors because then as to this they cease to be Subjects any longer and so forfeit the benefit of their Royal protection By the self-same reason the bond and stipulation being mutuall Kings being their Subjects Liege Lords by Oath and Duty as well as they their Liege people When Kings turne open professed Foes to their Subjects in an Hostile Warrelike way they presently both in Law and Conscience cease to be their Kings de jure as to this particular and their Subjects alleagiance thereby is as to this discharged and suspended towards them as appeares by the Kings Coronation Oath and the Lords and Prelats conditionall Fealty to King Steven so that they may justly in Law and Conscience resist their unlawfull assaults as enemies for which they must onely censure their owne rash unjust proceedings and breach of Faith to their People not their Peoples just defensive opposition which themselves alone occasioned Seventhly It must of necessity be granted that for any King to levie warre against his Subjects unlesse upon very good grounds of Law and conscience and in case of absolute necessity when there is no other remedy left is directly contrary to his very Oath and duty witnes the Law of King Edward the Confessor cap. 17. and Coronation Oathes of all our Kings forementioned To keepe PEACE and godly agreement INTIRELY ACCORDING TO THEIR POWER to their people Contrary to all the fundamentall Lawes of the Realme and the Prologues of most Statutes intirely to preserve and earnestly to indeavour the peace and welfare of their peoples persons goods estates lawes liberties Contrary to the main tenor of all Sacred Scriptures which have relation unto Kings but more especially to the 1 Kings 12. 21. 23. 24. and 2 Chron. 11. 1. 2. Where when King Rehoboam had gathered a very great army to fight against the ten Tribes which revolted from him for following his young Counsellors advice and denying their just request and crowned Ieroboam for their King
gods have this Law none of us will crosse the desire of him that willeth but wee yeeld alwaies one to another Which being the fictions of very wise men are applyed unto Princes of the earth But even without any circumstance at all the Corinthians speake thus to the Athenians We doe plainely deny that any is forbidden to punish his owne for if thou shalt defend those that have offended even your owne Subjects will defend themselves from you Yet I thinke not Subjects of other men are altogether strangers from that neerensse of nature and union of Society you doe also cut off the unity of mankinde whereby life is sustained as excelently Seneca And if we make not Princes lawlesse tyed to no Lawes nor Conditions It is necessary that there be some to admonish them of their duty and may hold them fast bound which reason I expounded in the second Booke of Embassies Neither will I heere infer any confusion of kingdomes or any inspection of one Prince over 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 f 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
their severall flights from the violence of the Egyptians Saul and Iezabel who sought their lives but likewise by Ioseph Mary and Christ himselfe who fled into Egypt to escape the hands and but chery of King Herod by Christs own direction to his Disciples Matth. 10. 23. But when they persecute you in this City flee yee into another and that Prediction of his Matth. 23. 34. Behold I send unto you Prophets and wise men and Scribes and some of them ye shall kill and crucifie and some of them shall you scourge in your Synagogues and persecute them from City to City which was really fulfilled Acts 8. 3. 4. c. 9. 1 2. c 11. 19. c. 13. 50 51. c. 14. 1 to 24 c. 17. 1. to 16. c. 22. 42. c. 26. 11. 12. c. 9. 24 25 26. 2 Cor. 11. 32. 33. Rev. 12. 6. Of which reade more in Tertullian his booke De Fuga in persecutione Hence then I argue thus That unjust violence of Princes and their Armies which Subjects with a safe conscience may decline 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 policie 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 Fiftly God himselfe the fountaine oft 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 Oppressing 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 c 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 extirpated 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 than 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 feared 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 Jude 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 Iawes but will and Iust 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 Commissions 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