Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	army_n	city_n	london_n	3,465	5	7.2357	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91185	The fourth part of The soveraigne povver of parliaments and kingdomes. Wherein the Parliaments right and interest in ordering the militia, forts, ships, magazins, and great offices of the realme, is manifested by some fresh records in way of supplement: the two Houses imposition of moderate taxes and contributions on the people in cases of extremity, without the Kings assent, (when wilfully denyed) for the necessary defence and preservation of the kingdome; and their imprisoning, confining of malignant dangerous persons in times of publicke danger, for the common safety; are vindicated from all calumnies, and proved just. Together with an appendix; manifesting by sundry histories and foraine authorities, that in the ancient kingdome of Rome; the Roman, Greeke, German empires; ... the supreame soveraigne power resided not in the emperours, or kings themselves, but in the whole kingdome, senate, parliament, state, people ... / By William Prynne, utter-barrester, of Lincolnes Inne. It is this tenth day of July, ordered ... that this booke .... be printed by Michael Sparke senior. John White.; Soveraigne power of parliaments and kingdomes. Part 4	Prynne, William, 1600-1669.; England and Wales. Parliament. House of Comomns.	1643 (1643)	Wing P3962; Thomason E248_4; ESTC R203192	339,674	255

Talleage or Custome shall be set granted taken or leavied but by common consent and grant of the Prelates Earles Barons Knights Burgesses and other free men of the Realme in Parliament or without the assent of the Parliament so that their grant and assent in Parliament not the Kings is the onely thing that makes them legall and binding to the subject Now both Houses have granted ordered and assented to this Assessement exceeding not the twentieth part of mens estates and given order for the leavying of it and that for the Parliaments Kingdomes religions necessary defence and preservation Therefore it is obligatory and legall though the King himselfe consent not or disassent thereto especially as the present condition of things stands even by the very letter of these acts Secondly this is apparent by the letter of all our publique Acts for the granting of Subsidies Ayds Tenths Fifteenes Taxes Customes Tonnage Poundage or any such like impositions in and by Parliament either by the Temporalty or Clergy which Acts runne usually in this manner The Commons of this Realme HAVE GRANTED FOR DEFENCE OF THE SAID REALME and especially for the safegard and custody of the Sea a Subsidy a Subsidie called Tonnage c. The Prelates Earles Barons and all the Commons of the Realme willingly and with one assent HAVE GRANTED the ninth Lambe ninth sheafe and ninth fleece c. And of Cities and Burroughs the ninth part of all their goods and chattels c. in aide of the good keeping the Realme as well by Land as by Sea c. We your poore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following as GRANTED of free hearts and good wils as the first-fruits of our good wils and hearts c. by the advice and Assent of the Lords spirituall and temporall GIVE GRANT for the defence of your realm and the keeping and safegard of the seas c. one Subsidy called Tonnage c. The Prelates and Clergy c. as a speciall and significant testimony of their loyall affection c. with one affection and uniforme consent HAVE GIVEN GRANTED foure whole and intire Subsidies We your Commons assembled in your high Court of Parliament humbly present your Majesty with the FREE CHEERFULL GIFT of two intire Subsidies c. All Subsidies and Taxes then being the free gift of the Commons Clergy and Peeres in Parliament and that onely for the defence of the Kingdome by sea and land it is infallible that they do may and can oblige themselves and those they represent to pay such publike Taxes to this end without the Kings concurrence Thirdly this is cleare by considering that the Commons and Lords in Parliament have alwaies had 1. An absolute right and power to grant or deny Taxes Subsidies aydes and assistance as they saw occasion 2. To proportion the aydes and Subsidies granted 3. To limit the certaine manner waies and times of paying and levying them and the persons who shall either pay assesse collect receive or disburse them 4. The ends and uses to which they should be imployed when leavied debarring the King oft times when they saw cause of any power at all to receive or dispose of them appointing Collectors and Treasurers of their owne to receive and issue them out againe by the advice and directions of these as themselves prescribed for which I shall give you some few instances of note in lieu of many more that might be remembred Anno 1237. being the 21 yeere of Henry the third The Parliament after many contestations with the King for his fraud oppressions favouring of Aliens c. to the Kingdomes detriment the King by Oath promising amendment granted unto him the thirtieth part of all their moveables excepting ready Money Horse and Armour to be imployed for the Common wealth and benefit of the Realme with this condition often annexed that the King should leave the Counsell of Aliens and onely use that of his naturall Subjects And for more security it was ordained that foure Knights of every Shiere and one Clerke of the Kings in every severall Shiere shall upon their oathes collect receive and deliver the said Subsidy either into some Abbey or Castle to be safely reserved there and disposed of for the benefit of the King and Kingdome by the view and counsell of the Earle Warren or others when there should be need Or otherwise if the King failed in performance of His promises and grants it ought to be faithfully restored and distributed to the Country whence it was collected In the 11. yeere of King Edward the 2. Anno 1318. The Parliament not daring to trust this prodigall mis-counselled King with moneys instead of Subsides granted him an aide of armed men against the Scots London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion whereby a great Army was leavied The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. Stat. 2. c. 1. 18 E. 3. Parliament 2 3. forecited at large part 2. p. 8. 9. 31 H. 6. Num. 41. 21 Jac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certaine Nobles and others whom they nominate and appoint Treasurers to receive and issue them to the ends for which they granted them prescribing them an oath to issue none of them to other purposes or in any other maner then they prescribed Yea the Acts of former Parliaments and this present concerning Tonnage Poundage Polemoney and Subsidies frequently do the like Therefore the granting and disposing of those Taxes Aydes Subsidies rests wholly in the Commons and Lords and no waies on the King who commonly desires the Parliament to grant them Fourthly this is further evidenced by the Kings usuall answer and assent unto such Bills as these Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE auxy le veult taking it wholly as a free grant from them which assent in this case is rather formall then substantiall it being the Commons and Lords owne consent only to Bils of this nature not the Kings that make the Taxes and Impositions binding as the forecited Statutes the Petition of Right 3 Caroli Fortescue and our Lawbookes resolve and I have elsewhere manifested more at large Therefore the want of the Kings assent or disassent to the Parliaments present assessement for the Kingdomes necessary defence in the present extremity when the King not onely wilfully absents himselfe from but hath raised Armes against the Parliament is not materiall nor simply necessary in point of Law though usually requisite and necessary for formality sake at other seasons to compleat such Acts since Sepenumero Necessitas vincit legem quod necessarium est licitum est as this assessement now is though all formalities be not punctually observed as is resolved in Dormers case Cooke l. 5. f. 40.

they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very Promises Articles Agreements which they never faithfully observe to any in the least degree and all this to ruine the Kingdom People Parliament and Religion yet they justifie these their actions and the Parliament People must not controule nor deem them Traytors to their Country for it And may not the Parliament then more justly impose a moderate in-destructive necessary taxe without the King for the Kingdoms Religions and Peoples defence and preservations against their barbarous Taxes Plunderings and Devastations then the King or his Commanders Souldiers play such Rex and use such barbarous oppressions without yea against the Parliaments Votes and consents Let them therefore first cease their own most detestable unnaturall inhumane practises and extortions of this nature and condemn themselves or else for ever clear the Parliament from this unjust Aspersion The last Objection against the Parliament is That they have Illegally imprisoned restrained plundered some Malignants and removed them from their habitations against Magna Charta the Fundamentall Laws forenamed and the Liberty of the Subject contrary to all Presidents in former Ages To which I answer First That the Objectors and Kings party are farre more guilty of this crime then the Parliament or their Partisans and therefore have no reason to object it unlesse themselves were more innocent then they are Secondly For the Parliaments imprisoning of men pretended to be against Magna Charta I answer first That the Parliament is not with in that or any other Law against imprisonments as I have formerly cleered Therefore is not obliged by it nor can offend against it Secondly That it hath power to imprison restrain the greatest Members of their own Houses though priviledged men exmept from all other arrests and publike persons representing those that sent them thither Therefore much more may they imprison or restrain any other private persons notwithstanding Magna Charta And the Parliament being the supreamest Judicaturo paramount all other Courts their commitments can not be Legally questioned determined nor their prisoners released by Habcas Corpus in or by any other inferior Court or Judicature whatsoever 3. The Parliament hath power to make new Laws for the temporall and perpetuall imprisonment of men in mischievous cases where they could not be imprisoned by the Common Law or any other Act before or since Magna Charta and so against the seeming letter of that Law w ch extends not to the Parliament and what persons they may restrain imprison by a new enacted Law though not restrainable before by Magna Charta or the Common Law without breach of either they may whiles they sit in case of publike danger restrain imprison by their own Authoritie without or before a new Law enacted In how many new Cases by new Statutes made since Magna Charta the Subjects may be lawfully imprisoned both by Judges Justices Majors Constable and Inferiour Courts or Officers whereas they could not be imprisoned by them by the Common Law before these Acts without breach of Magna Charta and violating the Subjects Liberties you may read in the Table of Rastals Abridgements of Statutes and in Ashes Tables Title Imprisonment and False-Imprisonment Yea by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Mary cap. 3. 5. and 6. E. 6. cap. 1. 1. Eliz. cap. 2. with other Acts perpetuall imprisonment during life is inflicted in some cases for which no imprisonment at all could be prescribed before these Acts and for crimes for which the parties were not formerly punishable yet for the publike weale peace safety and prevention of private mischiefs even against the Letter as it were of the great Charter the Parliament hath quite taken away all liberty the benefit of the Common Law and of Magna Charta it self from parties convicted of such offences during their naturall lives and if they bring an Habeas Corpus in such cases pretending their perpetuall imprisonment and these latter Laws to be against Magna Charta they shall notwithstanding be remanded and remain prisoners all their dayes because the Parliament is above all Laws Statutes yea Magna Charta and may deprive any Delinquents of the benefit of them yea alter or repeal them for the common good so farre as they see just cause Though neither the King nor his Counsell nor Judges nor any Inferiour Officers or Courts of Justice have any such transcendent power but the Parliament alone to which all men are parties really present and allowing all they do and what all assent to decree for the common good and safetie must be submitted to by all particular persons though never so mischievous to them this being a Fundamentall Rule even in Law it self That the Law will rather suffer a private mischief then a generall inconvenience Seeing then the Parliament to prevent publike uproars sedition treachery in or against the Kingdom Cities Houses or Counties where factious persons live hath thought meet to restrain the most seditious Malignants especially these about London and Westminster where they sit and to commit them to safe custody till they receive some good assurance of their peaceable behaviour they must patiently suffer their private restraints for the common safety tranquility till the danger be past or themselves reformed who if they reform not their own malignity not the Parliaments cautelous severity themselves must be blamed since they detain themselves prisoners only by not conforming when as the Parliament desires rather to release then restrain them if they would be regular and so they must blame themselves alone not clamour against the Houses All Leprous persons by the Leviticall and Common Law were to be sequestred and shut up from others least they should infect them and so all persons visited with the Plague by late Statute Laws may be shut up without breach of Magna Charta Why then not Malignant seditious ill affected persons who infect others in these times of Commotion and Civill Warres as well as Leapers and Plague sick persons removed into Pest-houses for fear of spreading the Infection upon the self-same grounds by the Houses Authority The Parliament by an Ordinance Act or Sentence hath Power to banish men out of the Kingdom in some cases which no other Court nor the King himself can lawfully d● as was expresly re●olved in Parliament upon the making of the S●atute of 35. Eliz. cap. 1. as is evident by the case of Thomas of Weyland An. 19. E. 1 Of P●irce Gavaston and the two Spencers in King Haward the second his raign Of the Lord Maltrav●rs in Edward the third his raign Of B●lknap and divers over Judges in the 10 and 11 y●ers of Richard 2. his

THE FOVRTH PART OF THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Parliaments Right and Interest in ordering the Militia Forts Ships Magazins and great Offices of the Realme is manifested by some fresh Records in way of Supplement The two Houses Imposition of moderate Taxes and Contributions on the People in cases of extremity without the Kings assent when wilfully denyed for the necessary defence and preservation of the Kingdome and their imprisoning confining of Malignant dangerous persons in times of publicke danger for the common sa●ety are vindicated from all Calumnies and proved just Together with an APPENDIX Manifesting by sundry Histories and Foraine Authorities that in the ancient Kingdome of Rome the Roman Greeke German Empires the old the present Graecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polonian Behemian Danish Swedish Scottish with other Foraine Kingdomes yea in the Kingdomes of Judah Israel and other Gentile Royalties mentioned in Scripture the Supreame Soveraigne Power resided not in the Emperours or Kings themselves but in the whole Kingdome Senate Parliament State People who had not onely Authority to restraine resist yea call their Emperours and Kings to an account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices mis-government and sometimes capitally to proceed against them With a briefe Answer to the contrary Objections and tenne materiall Observations confirming all the Premises By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Olaus Magnus l. 8. c. 32. De Iniquis Consiliariis c. 33. Iniqui Consiliarii aiunt Regem nihil injuste facere posse quippe omnia omniunt ejus esse ac homines etiam ipsos-Tantum vero cuique esse proprium quantum Regis Benignitas ei non ademerit c. Vtcunque sit multi Principes his similibus consiliis consiliariis facti sunt enules miseri infames inhabiles in se posteritate sua amplius gubernandi Principis itaque Officium est ut non secus curet subditos quam fidelis Pastor oves ut dirigat foveat conservet It is this tenth day of July Ordered by the Committee of the House of Commons concerning Printing that this Booke Intituled The fourth Part of the Soveraign power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior John White Printed at London for Michael Sparke Senior 1643. To the READER Courteous Reader I Here present thee with the last Part of The Soveraigne Power of Parliaments and Kingdomes and An Appendix in pursuance of it abundantly manifesting from the very fundamentall Constitutions Lawes Customes Resolutions Remonstrances Oathes Inaugurations Elections Ceremonies Histories publique Transactions Treaties Agreements Wars of Forain Empires Emperors Realmes Kings States Senates Diets Parliaments in all Ages and the most judicious foraine Authours of all sorts That whole Kingdomes Parliaments Senates States Nations collectively considered have ever constantly enjoyed in all Ages Nations the most Soveraigne Jurisdiction and Authority and beene Paramount their Kings and Emperours who were and are subordinate accountable for their actions to them and copiously refuting the fond erroneous fancies of all illiterate flattering Court-Doctors Theologasters Lawyers Statists who without any shadow of Truth or Reason audaciously averre the contrary not so much to flatter or seduce their Princes as to advance themselves against whom the contrary constant practice and resolutions of most lawfull Kingdomes that either are or have beene in the world from Adams dayes till now shall unanimously rise in judgement and passe a most Catholike irreversible sentence on them for their notorious flatteries and Impostures For mine owne particular as I have alwayes beene and ever shall be an honourer a defender of Kings and Monarchy the best of Government whiles it keepes within the bounds which Law and Conscience have prescribed So I shall never degenerate so farre beneath the duty of a Man a Lawyer a Scholar a Christian as to mis-informe or flatter either nor yet out of any popular vain-glory court either Parliaments or People to the prejudice of Kings just Royalties but carry such an equall hand betweene them as shall doe right to both injury to neither and preserve support their just Legall severall Soveraignties Jurisdictions Rights within their proper limits without tyrannicall invasions or seditious encroachments upon one another to their mutuall and the Republickes prejudice It fares with Regall and Popular Powers usually as with Seas and mighty Rivers if they violently breake downe or swellingly overflow their fixed bankes they presently cause an Inundation and in stead of watering surround and drowne the Countries round about them for a season sometimes for sundry yeares ere they can be perfectly drained and their bankers repaired to confine them to their ancient proper Channels of which we have present sad experience written in Capitall red Bloody Letters throughout the Realme To redresse prevent which overflowing mischiefe for the future I have without feare or flattery of any humane Power or party whatsoever by Publicke Authority divulged this last and the three preceding Parts of this Discourse together with the Appendix all hastily collected and more confusedly compacted through want of time and sundry interrupting Avocations then I desired wherein I have impartially according to my judgement conscience defended nought but ancient undoubted universall Truthes of reall State-Policy and true Theologie almost forgotten in the world yea cryed Preached Printed down for erronious seditious Paradoxes if not Treasons by Sycophants and Malignants in these later ages out of a cordiall affection as much as in me lyeth to restore and settle the weale tranquillity and safety of my bleeding dying Country now miserably distracted wasted consumed every where through the long fore●plotted conspiracies of Romish Priests and Jesuites to subvert the Protestant Religion and our Realmes upon a pretended quarrell unhappily raised by them betweene the two much mistaken Grand Soveraigne Jurisdictions of King and Parliament Crowne and Kingdome now miserably clashing one against the other through ignorance and mistakes and trying their Titles in the open field BY BATTAILE in stead of Law by the Sword of the Souldier not of the Spirit the onely proper peaceable Judges in these Quarrels by which alone they can and must be finally resolved settled else neither King nor kingdome can be ever quiet or secure from dangers and Commotions I dare not presume to arrogate to my selfe a Spirit of in-errability in the grand Controversies here debated wherein I have travelled in no beaten common road No doubt Generall Nationall Councells Parliaments Popes Kings Counsellors Statesmen Lawyers Divines all sorts of men both may and usually doe erre from Truth especially in Questions which concerne their owne Jurisdictions Honours Profits and so may I. But this I darewith safe conscience protest to all the world that I have not willingly erred in any particular and if I have casually failed in any thing out of humane frailty I shall upon better information acknowledge and retract it

Counties of Nottingham Derby Yorke were to goe to Newcastle upon Tine at the Countries charges and then to receive the Kings wages and those of Westmerland Cumberland and Lancashire to marth to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled should lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the County of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwicke Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about it The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumberland and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Barges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons

said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if it should please the King that Mounseur de Guyen because he is the most sufficient person of the realme shall goe to the same Treaty And the King said that he liked it well if it pleased the said Lord de Guyen and thereupon Mounseur de Guyen said that he would with a very good will travell and doe any thing which might turne to the honour and profit of the King and of his realme In the Parliament of the 14 H. 6. Num. 10. The Kings grant of the custody of the Town and Castle of Calice the Towne of Risbanke the Castles of Hamures Marke Oye Stangate Bavelingham and of the Castle and Dominion of Guynes in Picardy to be made to Humfrey Duke of Glocester his unkle in the presence of the Lords spirituall and temporall then being in the present Parliament was on the 29 day of October read before them which being understood and mature deliberation taken thereupon the severall reasons of the said Lord being heard it was at last by their assent and consent agreed and ordered that the said Duke should have the custody of the said Towne Castles and premises to the end of nine yeeres then next ensuing which Charter was subscribed by all the Lords there present In the Parliament of 31 H. 6. Num. 41. pro custodia Maris it was enacted For as much as the King considering that as well divers His Clergy men of this his realm inhabiting nigh the coast of the Sea and others His Subjects using the Trade of Merchandises have been oftentimes grievously imprisoned distressed put to great sufferances and ransomes and their Ships Vessels and Merchandises of great value taken upon the Sea by his enemies and also Merchant strangers being under his leageance amity safegard or safe conduct upon the Sea have been robbed and spoyled against the forme and contents of such truces and safe conducts signed His Highnesse willing and intending sufficiently to provide for the remedy of such inconveniences and to eschew and avoyd all such robberies and dispoylers HATH BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL in his high Court of Parliament assembled desired certaine great Lords of this realme that is to say Richard Earle of Salisbury John Earle of Shrewsbury John Earle of Worcester James Earle of Wiltshire and Iohn Lord Sturton with great Navies of Ships and people defensible in great number purveyed of abiliments of warre to intend with all diligence to their possibility the safeguard and keeping of the Sea For which cause the subsidies of Tonnage and Poundage granted to the King for his naturall life this Parliament that they might be applied to such uses and intent as they be granted the King BY THE ADVICE AND ASSENT OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY OF THE SAME were granted to the said Earles and Lord Sturton and the survivers of them for three whole yeeres with power for them to appoint Collectors to receive and collect them in every Port without rendering any account so as they kept the covenants and endentures made between the King and them for the safegard of the Seas with a proviso that this Act during the three yeeres should not be prejudiciall to the custome of the Towne or Castle of Calice or Rishbanke for the payment of the wages and arreares of the Souldiers there And over that if the goods of any of the Kings liege-people or any of his friends be found in any Vessell of the Kings enemies without any safe conduct that then the said Earles and the Lord Sturton shall take and depart it among them and their retinue without any impeachment according to the Statute thereupon made In the Parliament of 33 H. 6. Num. 27. the said Lords were discharged of the custody of the Sea by the Parliament in these words For as much as the Earles of Salisbury Shrewsbury and Worcester and the Lord Sturton besought the Kings Highnesse in this present Parliament that it might like his Highnes and Excellency of his Noble grace to have them clearely discharged of the keeping of the Sea the King therefore and for other causes moving his Highnesse BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL IN THE SAID PARLIAMENT ASSEMBLED the 30 day of Iuly the 23 day of the same Parliament admitted their desire and would that the said Earles and Lord Sturton or any other THAT HAD THE KEEPING OF THE SEA BY AN ACT MADE IN THE LAST PARLIAMENT begun and holden at Redding and ended at Westminster be from the 30 day of July fully discharged of the keeping of the same and that IT SHOULD BE ENACTED OF RECORD In the Parliament of 39 H. 6. Num. 32. The King BY THE ADVICE OF THE LORDS SPIRITUALL AND TEMPORALL AND COMMONS IN THIS PARLIAMENT ASSEMBLED AND BY AUTHORITY THEREOF ordained and established that his dearest cosin Richard Duke of Yorke rightfull heire to the Countries of England and France and of the Lordship and Land of Ireland have and take upon him the power and labour to ride into the parts of England and Wales where great rebellions murders riots spoylings executions and oppressions be used committed and attempted to represse subdue and appease them And also to resist the enemies of France and Scotland within the realme And further granted ordained and established by the said advice and authority that every Sheriffe with the power and might of his Sheriwicke and every Major Bailiffe Officer Minister and Subject of the said realme of England and of Wales shall attend upon his said cousin for the said intent as the case shall require and to the same intent be ready at the command of his said cousin and the same obey and performe in like case as they ought to doe at his commandement after the course of the Lawes of England and in Wales after the customes there c. And to cite no more presidents in so cleare a case in the Parliament of 21 Iacobi ch 33. The Temporalty having granted three intire Subsidies and three Fifteenes and tenths to King James towards the maintenance of the warres that might then suddenly insue upon the breach with Spaine and more particularly for the defence of the realme of England the securing of Ireland the assurance of the states of the united Provinces with the Kings friends and allies and for the setting forth of the Navy-royall did by that Act for the better disbursing of the said ayd and mannaging that warre according to the Parliaments true intention by that very Act wherein they gave the Subsidies did especially appoint eight Aldermen and other persons of London Treasurers to receive and issue the said moneys and appointed ten Lords and Knights particularly named in the Act to be of the Kings

that We c. out of meere and free will have given and granted to all Archbishops Bishops E●rles Barons and to all free men of this our Realm of England and by this our present Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE these liberties underwritten to have and to hold to them and their Heirs OF US AND OUR HEIRS FOR EVERMORE c. together with the whole tenour and title of this Charter and the two last Chapters of it All those customs and liberties aforesaid which we have granted to be holden within our Realme as much AS APPERTAINETH TO US AND OUR HEIRS WE SHALL OBSERVE And for this our gift and grant of those Liberties c. our Subjects have given us the fifteenth part of all their moveables And We have granted to them on the other part that NEITHER WE NOR OUR HEIRS shall procure or doe any thing whereby the Liberties in this Charter contained shall be infringed or broken We confirme and make strong all the same FOR US AND OUR HEIRS PERPETUALLY not the Parliament All these I say infallibly demonstrate that this Statute of Magna Charta did never extend unto the Parliament to restraine its hands or power but onely to the King his Heirs Officers Courts of Justice and particular subjects So that the Parliaments imprisoning of Malignants imposing Taxes for the necessary defence of the Realm and seizing mens goods or imprisoning their persons for non-payment of it is no wayes within the words or intent of Magna Charta as Royallists and Malignants ignorantly clamour but the Kings his Officers Councellours and Cavalliers proceedings of this nature are cleerly most direct violations of this Law And that which puts this past dispute are the severall Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right it self all which expresly resolve that this very objected Law of Magna Charta extends onely to the King himselfe his Privy Councell Judges Justices Officers and inferiour Courts of Justice but not unto the supream Court of Parliament which no man for ought I finde ever yet held to be absolutely obliged by it before the Kings late recesse from Parliament The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or leavied BY US AND OUR HEIRS not the Parliament in our Realme without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free men of the Land which the Statute of * 25. Edward 1. thus explains But by the common consent of the Realme The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus If it be not by common consent of the Prelatos Earles Barons and other great men and Commons of our said Realme of England AND THAT IN PARLIAMENT The Statute of 25. Edward the third cap. 8. thus If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT The Statute of 36. Edward the third cap. 11. thus That no Subsidie nor other charge be set nor granted upon the Woolls by the Merchants nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT The Statute of 45. Edward 3. cap. 4. thus It is accorded and stablished That no imposition or charge shall be put upon Woolls Woollfels or Leather oth●r then the custome and subsidie granted to the King WITHOUT THE ASSENT OF THE PARLIAMENT and if any be it shall be repealed and holden for none And the Petition of Right 3. Caroli thus By which Statutes and other good Statutes of this Realm your Subjects have inherited this freedom that they should not be compelled to contribute any Taxe Tallage Custome Aide or other like charge not set BY COMMON CONSENT IN PARLIAMENT Now it is as evident as the noonday sunshine that these Acts onely extend to the King his Heirs Councell Officers inferiour Courts and private Subjects onely and that the Parliament is precisely excepted out of the very intent and letter of them all having free power to impose on the Subjects what Aids Taxes Tallages Customes and Subsidies they shall deem meet by the expresse provision of all these Laws concerning the granting and imposing of Subsidies Therefore by the direct resolution of these Acts the Kings his Councellors present contributions assessements and ransoms imposed on the Subjects are illegall against the letter and provision of all these Acts but the Parliaments and Houses lawfull approved and confirmed by them True will Royallists and Malignants answer who have no other evasion left but this If the King were present in Parliament and consenting to these contributions and taxes of the twentieth part there were no doubt of what you alleage but because the King is absent and not only disassents to but prohibits the payment of this or any Parliamentary Assessments by his Proclamations therefore they are illegall and against these Laws 1 To which I answer First that the King by his Oath duty the ancient custom and Law of the land ought of right to be alwayes present with his Parliament as he is now in point of Law and not to depart from it but in cases of urgent necessity with the Houses free consents and then must leave Commissoners or a Deputy to supply his absence This is not onely confessed but proved by a Booke lately printed at Oxford 1642. with the Kings approbation or permission intituled No Parliament without a King pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested That Kings were and ought to be present in their Parliaments which I have formerly cleared If then the King contrary to these Presidents his Oath Duty the Laws and Customs of the Realme the practice of all his Progenitors the rules of nature which prohibit the head to separate it selfe from the body and will through the advice of malignant Councellours withdraw himselfe from his Parliament yea from such a Parliament as himselfe by a speciall Act hath made in some sort perpetuall at the Houses pleasure and raise an Army of Papists Delinquents Malignants and such like against it and that purposely to dissolve it contrary to this very Law of his for its continuance why this illegall tortious act of his paralleld in no age should nullifie the Parliament or any way invalid its Impositions or Proceedings for their own the Kingdoms Peoples and Religions preservation all now indangered transcends any reasonable mans capacity to apprehend 2. The right and power of granting imposing assenting unto Assessements Taxes Subsidies and such like publique charges in Parliament for the publique safety rests wholly in the Commons and Lords not King and is their owne free act alone depending no waies on the Kings assent nor necessarily requiring his personall presence in Parliament This is evident First by the expresse letter of the forecited Acts No Subsidy Tax Ayde

b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the impositions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremity This I shall further cleare by some ancient and late judgements in point Mich. 14 Ed. 2. rot 60. in the Kings Bench William Heyborne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Nor guilty the Jury found a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Markes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespasser Which case was agreed for good Law by all the Judges in the late Case of Ship-money argued in the Exchequor Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance whereof they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted The Lords and Commons considering what a sol●mne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Protestant Religion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the sam● c. as in the Protestation made by both Houses consents when fullest And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament for the necessary defence of the Realm the Subjects Parliaments Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie being thus made by assent of both Houses and so of all the Kingdom in them in pursuance of this Protestation should not as legally yea more justly o●lige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searche● and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assert of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assessing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Term being then adjourned thither from London by reason of the Plague with a p●nalty to be●l●●yed by distresse for non-payment of this Tax

reign by the Statutes of 33. El. c. 1. S●paratist● 〈…〉 39. El. c. 5. R●gues are to be banished and in Calice heretofore a woman might be justly banished the Town for adult●ry and a scould at this day after three convictions is to be banished out of Westminster and rowed ov●r the Thames from thence thorough the water at the tayl of a Boat for the quiet of the City Then much more may any private seditious turbulent Malignants ●e justly restrained to some safe places where they may do no harme till the warres and troubles be ended or themselves re●laimed Fifthly By the Common and Statute Law of the Realm yea by Magna Charta it self cap. 30. the Lands Rents Goods and Persons of Priors and other aliens Merchants or others residing in England may be and have been usually seized or and s●cured or else their persons banished the Realm and borders of England during the warres with others of that Nation l●ast they should assist them in the warres with their Estates persons or intelligences or betray the Kingdom or pl●ces where they resided to the Enemy And upon this ground by the expresse Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish Brittains Welshmen and Scots because we had frequent warre with them were not permitted to purchase either Houses or Lands or to remain in any Fort Town or City neer the Borders of Scotland or W●l●s but banished thence and their Goods and persons seised on in times of warre to prevent treachery intelligence and assistance of the Enemy A thing generally practised and warranted in all States and Kingdoms as well as in England by the very Law of Nations as just and necessa●y in times of warres as Martinus Laudensis de R●praesaliis de Bello Henricus Ranzovius his Commentarius Bellicu● Ge●rgius Obbrectus Disput Juridca de Bell● Henri●us Boc●rus de Jure Pr●gnae Hung● Grotius Albericus Gentilis in their Books de Jure Belli and all Historians evidence Therefore lawfull for the Parliament to practise at this present as well as the King or any others Sixthly In times of Forraign Invasions the Parliament hath enjoyned all Inhabitants neer the Sea-coasts or Marches of Scotland and Wales to repair to their Houses and Lands there with all their Families for the defence and saf●tie of the Realm under pain of imprisonment and confiscation of their Goods and Revenues there and elsewhere as is evident by 13. E. 3. nu 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. ●4 the Statutes confining Papists to their Houses and sundry other Presidents The●efore by like reason they may confine Malignants in times of warre for the publike peace and safetie and disarme them to for a time a Constables may by the Law disarme and imprison peace-breakers fray-makers riotors and others to prevent bloodshed quarrels and preserve the publike peace Thirdly For the plundering of Malignants and sequestring their Estates I answer that I think the Parliament never yet approved the plundering or in plain English robbing of any man by any of their forces they having plundered no places taken by assault for ought I hear though the Kings forces on the contrary have miserably plundered all the Kingdom almost except the Papists who are most exempted from this rapine and some few chief Malignants yea those very Persons Souldiers Cities Towns which by their very Articles of surrender were not to be plundered witnesse Taunton Bridgewater Bristol Gainsborow where many have been pillaged to their naked skins notwithstanding their Ariticles of agreement solemnely sworn to depart quietly with bag and baggage without interruption and the Towns to be free from plunder contraty to the very Law of warre and Arms which may instruct all others not to trust them henceforth If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons more then by seifing of their Arms distraining their Goods for imposed Assessements or sequestring their Plate Moneyes Estates for the publike service upon promise of repayment and restitution I know the Houses have publikely by expresse Ordinances inhibited disavowed the fact and exposed the disorderly Delinquents to condigne punishments even to the losse of their lives if any please to prosecute them by way of inditement or Martiall Law For my part I abhorre all violence plunder rapine and disorders in Souldiers as contrary to the Law of God Obadiah 10. to 16. Luke 3. 14. and leave those who are guiltie of them to the severest publike justice as offenders against the Law of Nature of Nations of the Land yea of Warre it self But God forbid the Parliament should be unjustly charged with all the misdemeanours of their Souldiers which they prohibit detest censure more then the King with all the barbarous rapes murthers cruelties rapines and monstrous insolencies which his Cavaliers every where perpetrate without punishment or restraint especially the blood-thirsty Irish Popish Rebels among them who having shed so much English Protestants blood in Ireland ere they came over hither of which they vaunt is such an high dishonour to God and the English Nation if their own blood be not shed for it by the hand of vengeance here that I wonder with what face or spirit His Majestie or any English Protestant can patiently suffer these Irish Rebels to shed any more Protestant English bloud breath in English ayre who have cut the throats of so many thousand innocent English both here and elsewhere and are like to cut all our throats ere long as they have designed unlesse their throats be first cut by us But yet for the plundering of such Malignants goods and houses who are opposite to the whole Kingdom and Parliament and will not joyn with them in the common cause which concerns us all as it hath sundry patterns in the Barons Warres against the Poictovines and their faction in Henry the third his raign and afterwards against the Spensers in Edward the second dayes formerly touched so it hath one observeable generall resolution of the whole body of the Lords and Commons warranting it in King Johns raign even then when they all took up Armes to enforce him to confirm the great Charter it self which our Opposites cry out to be violated by the Parliaments moderate seisures onely by way of distresse or sequestration For the Barons Knights and Commons with their whole Army being m●t t●gether in London which joyned with them to gain this Charter from the King sent from thence Letters to all the Earls Barons and Knights throughout England who seemed though but fainedly to adhere to the King exhorting them with this Commination That as they loved the indemnitie of their Goods and possessions th●y should d●sert a perjured King and adhearing faithfully to them should with them inviol●bly stand and effectually contend for the Liberties and Peace of the

King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to ruine the Parliament Kingdom Religion and re-establish Popery in its universall extent with the large progresse the Papists have lately made in Ireland Scotland and England to accomplish this their long-agitated Conspiracie and the late strange proceedings in Ireland where the best Protestants are displaced disgraced restrained the Popish Rebels advanced and a truce negotiated if not fully concluded with the Rebels to the end that all their forces may be speedily transported hither to ruine our Religion and cut all our throats enough to awake the most stupid English spirits and rouze them up to a speedy unanimous resolution to unite all their purses and forces to the Parliament against the Popish Conspirators and these bloody Butchers now ready to devoure us and then I dou●t not if they have any true love to God Religion King Countrey themselves or their Posterities they will soon change their former opinions and practises against the Parliaments just proceedings and joyn hearts hands forces yea their uttermost endeavours with them to prevent and ward off that imminent destruction which now hangs over our heads and will in short time wholly ruine us if God open not our eyes and unite not all our hearts and mindes unto the Parliament with one unanimous resolution to oppose these cursed Confederates who have plotted occasioned all these warres and miseries under which our Kingdomes now groan and languish which long plotted Treacherie in humane probabilitie can no wayes be prevented nor a settled peace and Reformation established but with the totall suppression of the Popish partie now in Arms and by rescuing His Majesties person Children forces out of their Trayterly hands and power whose death they have conspired long agoe if he refuse to grant them an universall open toleration of their Antichristian Religion in all His Kingdoms and then to seise upon the Prince and train him up in their Religion which how easie it is for them to effect now they have the King Prince the Kings Ports his Forces in their power yea potent Armies of their own in the field here and such a force of Irish Rebels now ready to be shipped over to Chester Milford and Bristoll for their assistance and enforcement to over-power the Protestant party in the Kings Armies no understanding man can without fear and trembling co●sider O then if ever we will shew our selves faithfull valiant couragious magnanimous bountifull really cordiall and loyall to our King Kingdoms Countrey Parliament Religion Laws Lives Liberties Kinred Families Posterities Let all who professe themselves Protestants lay aside all causelesse jealousies and prejudices against the Parliament or any others and now speedily unite all their Prayers Hearts Hands Purses Forces Counsells and utmost endeavours together to defend secure them all against these forraign and domestice Jesuiticall Romish Confederates and if any prove traiterous fearfull cowardly unfaithfull base or faint-hearted in this publike Cause as too many who deserve to be made spectacles of treachery and cowardise to posteritie and cannot without injustice or dishonour to the Parliament and Kingdom be suffered to scape scot-free without severe exemplary punishment have done to their eternall infamy and betraying of their Countrey the present generations shall abhorre them posteritie curse and declaim against them as most unnaturall Monsters unworthy to breath in English ayre or enjoy the name the priviledges of English men or Protestants There is a double kinde of Treachery in Souldiers both of them adjudged Capitall The first proceeds from a sordid pusillanimous fear unworthy the spirit of a Souldier and this is C●pitall both by the Civill and Common Law By the Civill Law The Souldiers who first begin to flye or but fain themselves sick for fear of the Enemy are to be adjudged to death for this their cowardize Yea Lacaena and Dametria two magnanim●us Women slew their timorous sonnes who fled basely from the battle with their own bands disclaiming tbem as degenerous Brats and not their sonnes the latter of them inscribing this Epitaph on her sonnes Tombe Hunc timidum Mater Dametriam ipsa peremit Nec dignum Matre nec Lacedaemonium Indeed Charondas and the Thurians enacted That cowards who basely fled or refused to bear Arms for their Countries defence should set three dayes one after another in the open Market-place clad in Womans apparell a punishment farre worse then death it self writes Diodorus Siculus whereas all other Lawyers made it Capitall yea our Common Law adjudgeth it Treason Witnesse the notable Cases of Gemines and Weston 1. R. 2. num 38 39. who were adjudged Traytors in Parliament for surrendering two Castles in France onely out of fear when they were strongly besieged and battered sooner then they needed without any compliency with tbe enemy The Case of Jobn Walsh Esquire accused of bigh Treason in Parliament against the King and Kingdom for yeelding up the Castle of Cherburg in France to the enemy when as he might have defended it And the Case of Henry Earl of Essex in the second yeer of Henry the second accused of high Treason by Robert de Monfort and vanquished by him in a Duell waged thereupon for throwing down the Kings Standard which he bare by inheritance and flying in xpassing a straight among the Mountains when fiercely encountred by the Welsh For which though his life was pardoned yet he was adjudged to be shorne a Monke put into the Abbey of Reading and had his Lands seised into the Kings hands And as for treacherous revolting to or delivering up Castles to the Enemy it is Capitall and high Treason by all Laws and so resolved in Parliament 3. R. 2. in the Case of Thomas Ketrinton Esquire accused of high Treâson by Sir John Ann●sley Knight for delivering up the Castle of Saint Saviour in the Isle of Constantine to the French for a great summe of Money when as he neither wanted provisions nor means to defend it As for those unnaturall Vipers and Traytors who shall henceforth after this discovery joyn with the Popish Conspirators to ruine their Religion Countrey and the Parliament for private ends as Count Julian the Spaniard joyned with the Mores An. Dom. 713. whom he brought into Spain his native Countrey furiously pursuing his own private injury with the Ruine of the publike I shall onely bestow his Epitaph upon them with which I shall conclude this Treatise Maledictus furor impius Juliani quia pertinax indignatio quia dura vesanus furià ammimosus furore oblitus fidelitatis imm●●or religionis contemptor divinitatis crudelis in se homicida in vicinos reus in omnes Memoria ejus in omni ore amarescit nomen ejus in aeternum pu●●escet FINIS AN APPENDIX Manifesting by sundry Histories and Authors that in the ancient Roman Kingdome and

incompatible thing with the Coronation and Oath which he ought to take hurtfull to the honour of God and prejudiciall to the good of the Realme Then they declare the King an enemy to and oppressor of his people a Tyrant over his Realme that so the people should presently resolve to confine him unto a Monastery and install the Duke in his throne And at last the King being certainly informed of the Dukes traiterous designes to surpize him and usurpe his Throne caused the Duke and Cardinall of Burbon the chiefe Heads of the League to be suddenly slaine and others of them to be imprisoned Hereuppon the Parisiens mutinie and take up Armes a fresh The Colledge of Sorbone concluded by a publike Act of the seventh of Ianuary 1589. That the people of France are freed from the Oath of obedience and fealty which they owed to Henry of Valoys and that lawfully and with a good conscience they may arme against him receive his Revenues and imploy it to make warre against him After which the Assembly of the Estates dissolving the Parisiens imprison the Court of Parliament at Paris till they condescended to their pleasures and confirmed a generall Councell of the union consisting of fourty choice men of the three Estates to dispose of the publike affaires and conferre with the Provinces and Townes of the League To which many Assistants were afterward added by the Nobles and a Declaration in manner of an oath for the entertainment of the Vnion made sworne and subscribed to by many one of which prickt his own Arme to signe it with his owne blood and became lame thereby The people condemne imprison spoile ransom of their absolute power and sell the goods of any that bears not the mark of their inraged faction Hereupon the King turning his lenitie into fury Proclaims them Rebels and Traitors if they come not in and submit by a day and reconciles himselfe to the King of Navarre They go on with greater insolency then before set out a great Army under the Duke of Mayenne crave assistance from the Pope and king of Spaine surprize divers townes robbe Churches ravish Wives and Virgins murther men of all sorts even before their Altars commit all the outrages wickednesses which irreligion and impiety could invent in madd Souldiers The King at last besieged Paris takes some of the Outworks and was like to master the Citie but in the middest of this attempt he was stabbed in the belly with a Knife by Iames Clement a Iacobin Friar of two and twenty yeers old sent out of Paris to act this Tragedie on the kings person who vowed to kill the Tyrant and to deliver the City besieged by Sennacherib The murtherer was presently slaine by those who came in to assist the king who within few houres after died of this wound which he received in the self-same chamber wherein the Counsell for the Massacre of the Protestants was held on that fatall day of Saint Bartholmew 1572. A notable circumstance of Divine justice upon this Prince who being ever a zealous promoter of the Romish Religion was murthered by a Zealot of it and had his owne blood shed by those who spurred him on to shed the blood of Protestants in the very Chamber where the most babarous Massacre of Protestants that ever the world beheld was contrived Henry when the pangs of death seized on him declared Henry the fourth King of Navarre his brother in law the lawfull Successor of the Crowne of France as in Truth he was notwithstanding the Edict of Bloys to exclude all Heretikes from the Crowne The Parisiens and holy Vnion refuse to accept him for their Soveraigne proclaiming Charles the tenth for their King and triumphing exceedingly at Henry his death The Parliament at Bourdeaux commands all men under their jurisdiction by a Decree of the nineteenth of August 1549. To observe inviolably the Edict of Vnion in the Catholique Apostolike and Romish Church and Declarations are hereupon made The Parliament of Tholousa is more violent they decree That yearly the first day of August they should make processions and publike prayers for the benefits they had received that day in the miraculous and fearfull death of Henry the third whereby Paris was delivered and other Townes of the Realme forbidding all persons to acknowledge Henry of Burbon the pretended King of Navarre for King declaring him uncapable ever to suceed to the Crowne of France by reason of the notorious and manifest crimes contained at large in the Bull of Excommunication of Pope Sixtus the fifth The Court of Parliament at R●an no lesse violent and presumptuous then that of Tholousa pronounced them guilty of High Treason both against God and man and the Estate and Crowne of France that had opposed themselves against the holy Vnion and all Royalists and their Successors deprived of all prerogatives of Nobility their Offices to be void not to be recovered and all their Goods forfeited Anno 1592. they renew this Edict every eight moneth Thus the league kindled afresh the fire which the siege of Paris had somewhat quenched the King raising his siege before it and returning to Arques the Leaguers Army followed him and are there defeated after which the King with a small Army gaines many great Conquests which amaze the Leaguers he besiegeth Paris above three moneths where more then one hundred thousand people died of famine yet they force the Parliament to publish a Decree the fifteenth of Iune 1590. For bidding upon pain of death all men to speak of any composition with Henry of Burbon but to oppose themselves by all meanes yea with the effusion of their blood But the Belly hath not Ears the people are not fed with paper or promises they mutinie and demand peace whereupon Deputies are sent to the King to treat a peace who to defeat the Spanish Army called in by the Leaguers raiseth his siege and routs the Spanyard with other Forces of the League in sundry places which makes many desire peace yet by meanes of Pope Clement the eighth his Bull the Duke of Mayenne and the Popes Legate they intend to summon a Convocation of the Estates of Paris to elect a new King desiring the Cardinall of Placentia to assist and confirme this their intended future electior The Parliament of Paris removed to Chaalons gives sentence against the Popes Bull and nulls it The King sets out a Declaration against the Leaguers as Traitors and Rebels declares this Assembly of the Estates without his Authoritie to be against the Lawes against the good and quiet of the Realme and all that should be treated or concluded therein abusive and of no force On the contrary the Popes Legate by a publike exhortation full of injuries labors to perswade the French that the King long since dismembred from the bodie of the Church was most justly pronounced uncapable of the Crown The Spaniyards labouring the Estates to elect the Infanta of Spain king the Parliament of Paris

be supprest by such a conspiracie Vpon this the king and Q. Mother through advise of these ill Counsellors raise an Army declare these Princes and Nobles Rebels and Traitors if they submit not by a day whereupon they Arm raise Forces in their own the publikes defence and being at Noyon concluded That as their Armes were levyed for the maintenance of the Crown so they should be maintained by it to the which end they seized on the kings Rents and Revenues in sundry places Mean while the Protestants being assembled in a generall Synod at Grenoble Marsh Desdiguires makes an Oration to them to disswade them from opposing the mariage with Spain wherein he hath this memorable passage to justifie the lawfulnesse of a necessary defensive war for the preservation of Religion and Liberties We have leisure to see the storme come and to prepare for our own preservation Finally having continued constant in our Duties if they seek to deprive us of our Religion and to take that from us wherein our libertie and safetie depends purchased by the blood of our Fathers and our own and granted unto us by that great King Henry the fourth the restorer of France we shall enter into this comerce full of justice and true zeale finde againe in our breasts the courage and vertue of our Ancestors We shall be supported IN OVR JVST DEFENCE by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offices should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this war held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of ●onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of justice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the King and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and some redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warres betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vicers and Diseases and the King since being some say poysoned by the Iesuites who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient just hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of Frances which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures