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
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
Barbarous Inhumanity for any person not to put to his uttermost strength speedily to close up the mortall wounds of his bleeding dying Native Country but to protract its cure to enlarge encrease its deadly Ulcers Stabs Sores and make a lasting trade of Warre out of a sordid sinfull desire of Gaine of Plunder to raise a private fortune by the Republicks ruines a sinne of which some perchance are guilty is an unparalleld most unnaturall prodigious Impiety It was thought a great dishonour heretofore for men of Honour and Estates not to serve and defend their Country gratis as our own Lawbooks Histories plentifully manifest and shall such Persons now turne sordid Mercenaries stirre neither hand nor foot without their Pay and be more diligent to get their wages than discharge their Service God forbid It is Recorded of the Children of Gad and Reuben after they had recovered their inheritance on this side Jordan that they went all up armed before the Lord over Jordan at their owne free cost untill they had driven out all the enemies in it before them subdued the Land and setled their brethren of the other Tribes peaceably in it And shall not Englishmen of Estates doe the like for their Brethren now in these times of need when money the sinewes of Warre is almost quite shrunke up by reason of former Disbursements and want of Trade We read That the very Heathen Kings of Canaan when they came and fought in Taanach by the waters of Megiddo against the Israelites THEY TOOKE NO GAINE OF MONEY for their paines Such was their Noble-generosity which Deborah registers in her Song for their eternall Glory And we heare of divers Lords and Gentlemen in the Kings Army which serve against their Country gratis yea furnish out sundry Horse and Foote of their proper cost of few or none such there who receive any Pay And shall these be more free generous active in serving fighting against God Religion Lawes Liberties Parliament and their Country than those of like Ranke and quality on the Parliaments party are in warring for them O let not such anignoble unchristian Report be ever once justly told in Gath or published in the streets of Askelon lest the daughters of the Philistines rejoyce lest the sonnes and daughters of the uncircumcised triumph I know there are some Heroicke Worthies in the Parliaments Armies of whom I may truely sing with Deborah My heart is toward the Governours of Israel that offered themselves willingly among the people and who like Zebulon and Nepthali have freely jeoparded their lives unto the death in the high places of the field Blessed be their Endeavours and their Names for ever Honourable I shall now onely wish that others would imitate their laudable examples that so our long-lingring warres may be speedily and happily determined in a blessed pure pious secure honourable lasting Peace They are Tormentors not Chirurgions Executioners not true Souldiers who desire endeavour not speedily to close up and heale their dearest Countries bleeding festring wounds for which I have prepared this Treatise as a Soveraigne Balme to incarne and cicatrize them not ulcerate or inflame them It was the Prophets Patheticke expostulation The harvest is past the Summer is ended and we are not healed Is there no balme in Gilead Is there no Physitian there why then is not the health of the Daughter of my people recovered It may be Englands and Irelands expostulation now The Lord put it into the hearts of our great Physitians the King Parliament and Grandees of both Armies that they may now at last with bleeding melting hearts and spirits speedily poure forth such effectuall healing Balmes into these two dying Kingdomes deadly wounds as may effectually cure and restore them to more perfect health and vigor than they ever formerly enjoyed that so they may lose nothing but their putrid blood their proud dead flesh their filthy sanies and corrupt humours by their unnaturall stabs already received Towards the advancement of which much desired cure if these my undigested rude Collections interrupted with sundry inevitable interloping Distractions which may justly excuse their many defects may adde any contribution or satisfie any seduced or scrupulous Consciences touching this present Warre I shall deeme my labours highly recompensed And so recommending them to Gods blessing and thy charitable acceptation I shall detaine thee with no further Prologue Farewell THE SOVERAIGNE POVVER OF PARLIAMENTS KINGDOMES PROVING I st That the Parliaments present necessary Defensive Warre is Iust and Lawfull both in point of Law and Conscience and no Treason nor Rebellion HAving in the two former Parts of this Discourse dissipated foure chiefe Complaints against the Parliaments proceedings I come now in order in point of time and sequell to the 5 th Grand Objection of the King Royalists and Papists against the Parliament To wit That they have traiterously taken up Armes and levied warre against the King himselfe in his Kingdome and would have taken away his life at Keinton battell which is no lesse than Rebellion and High Treason by the Statute of 25. E. 3. c. 2. with other obsolete Acts and by the Common Law Which Obiection though last in time is yet of greatest weight and difficulty now most cryed up and insisted on of all the rest in many of his Majesties late Proclamations Declarations and in Anti-Parliamentary Pamphlets To give a punctuall Answere to this capitall Complaint not out of any desire to foment but cease this most unnaturall bloody warre which threatens utter desolation to us if proceeded in or not determined with a just honourable secure lasting peace now lately rejected by his Majesties party I say First that it is apparent to all the world who are not willfully or maliciously blinded That this Majesty first began this warre not onely by his endeavors to bring up the Northerne Army to force the Parliament confessed by the flight letters examinations of those who were chiefe Actors in it but by raising sundry forces under colour of a guard before the Parliament levied any Secondly that the Parliament in raising their forces had no intention at all to offer the least violence to his Majesties person Crowne dignity nor to draw any English blood but onely to defend themselves and the Kingdome against his Majesties Malignant invasive plundring Forces to rescue his Majestie out of the hands the power of those ill Councellers and Malignants who withdrew him from his Parliament to bring him backe with honour peace safety to his great Councell their Generall and Army Marching with a Petition to this purpose and to bring those Delinquents to condigne punishment who most contemptuously deserted the Houses contrary to Order Law the Priviledges of Parliament their owne Protestation taken in both Houses sheltring themselves under the power of his Majesties presence and Forces from the justice of the Houses and apprehension of their Officers contrary to
all presidents in former ages in High affront of the priviledges honour power of the Parliament and Fundamentall knowns Lawe of the Realme Since which time his Majestie having contrary to his former Proclamations and frequent Printed solemne Declarations entertained not onely divers Irish Popâ—sh Rebels but likewise English and Outlandish Papists in his Army and given Commissions to sundry Arch Popish Recusants to Arme themselves and raise Forces against the Parliament and Kingdom now in the field in all the Northerne parts Wales and other places and that under the Popes owne consecrated Banner as many report in defiance of our Protestant Religion designed by the Popish Party both at home and abroad to no lesse then utter extirpation in England as well as in Ireland if not in Scotland too as some of them openly professe the Parliament are hereupon necessitated to augment and recrute their forces as for the precedent ends at first so now more especially for the necessary defence of the Protestant Religion established among us by law against which they and all others who are not wilfully blinded visibly discerne a most apparant desperate conspiracie which though not cleerely perceived but onely justly suspected at first doth now appeare all circumstances and agents considered to be the very Embrio and primitive cause of this deplorable warre against which the Parliament and subjects are now more necessitated and engaged to desend themselves then ever seeing they have by all possible meanes endeavored to prevent this warre at first and since to accommodate it though in vaine upon just reasonable and honorable safe termes for King and Kingdome The sole Question then in this case thus truely stated will be Whether his Majestie having contrary to his Oath Duty the fundamentall Laws of God and the Realme raised an Armie of Malignants Papists Forraigners against his Parliament Kingdome People to make an Offensive warre upon them to murther rob spoyle deprive them of their peace liberties properties estates to impose unlawfull taxes by force upon them protect Delinquents and evill Councellors against the Parliaments Iustice and violently to undermine our established Protestant Religion the Common-wealth of England legally assembled in Parliament and all Subjects in such cases by Command and direction from both Houses of Parliament may not lawfully and justly without any Treason or Rebellion in point of Law and Conscience take up defensive Armes to preserve the Priviledges of Parliament their Lawes lives liberties estates properties Religion to bring Delinquents and ill Councellours to condigne punishment and rescue his seduced Majestie out of their hands and power though he be personally present with them to assist and countenance them in this unnaturall destructive warre And under correction notwithstanding any thing I ever yet heard or read to the contrary I conceive affirmatively that they may justly do it both in point of Law and Conscience I shall begin with Law because in this unhappie controversie it must direct the conscience First I have already proved in Judgement of Law the Parliament and Kingdome assembled in it to be the Soveraigne power and of greater authority then the King who is but their publike Minister in point of civill Iustice and Generall in matters of warre as the Roman Kings and Emperours were and other forraigne Kings of old and at this day are The Parliament then being the highest power and having principall right and authority to denounce conclude and proclaime warre as I have manifested in the debate of the Militia may not onely lawfully resist but oppugne suppresse all Forces raised against it and the Kingdomes peace or welfare Secondly the principall end of the Kingdomes originall erecting Parliaments and investing them with supreame power at first was to defend not onely with good Lawes and Councell but when absolute necessitie requires as now it doth with open force of Armes the Subjects Liberties Persons Estates Religion Lawes Lives Rights from the encroachments and violence of their Kings and to keepe Kings within due bounds of Law and Iustice the end of instituting the Senate and Ephori among the Lacaedemonians the Senate and Dictators among the Romans the Forum Suprarbiense and Justitia Aragoniae among the Aragonians of Parliaments Dietts and Assemblies of the estates in other forraigne Kingdomes and in Scotland as I shall prove at large in its proper place This is cleare by the proceedings of all our Parliaments in former ages Especially in King Iohns Henry the third Edward the 1. 2. 3. and Richard the seconds Raignes by the latter Parliaments in King Iames his raigne yea of 3. Caroli the last dissolved Parliament and this now sitting whose principall care and imployment hath beene to vindicate the Subjects Liberties properties lawes and Religion from all illegall encroachments on them by the Crown and its ill Instruments by the forecited resolutions of Bracton Fleta the Myrror of Iustices Vowell Holinshed the Councell of Basill and others that the Parliament ought to restraine and bridle the king when he casts off the bridle of the Law and invades the Subjects Liberties especially with open force of Armes in an Hostile manner and by the constant practise of our Ancestors and the Barons Warres in maintenance of Magna Charta with other good Lawes and Priviledges confirmed by Parliament If then the Parliament be instrusted by the Kingdome with this Superlative power thus to protect the Subjects Liberties properties Lawes persons Religion c. against the kings invasions on them by policie or violence they should both betray their trust yea the whole kingdome too if they should not with open Force of Armes when Policy Councell and Petitions will not doe it defend their owne and the Subjects Liberties persons priviledges c. against his Majesties offensive Armies which invade them intending to make the whole kingdome a present booty to their insaciable rapine and a future vassall to his Majesties absolute arbitrary power by way of conquest I reade in Bodin that the Roman Senate being no way able to restraine Caesar tooke their refuge to that ancient Decree of the Senate which was commonly made but in dangerous times of the Common-wealâ— Videant Consules caeteri Magistratus ne quid detrimenti capiat Respublica Let the Consulls and other Majestrates fore see that the Common-weale take no harme With which decree of the Senate the Consulls being armed sodainely raised their power commanding Pompey to take up Armes and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consulls Pretors and whole Senate out of his pride through his ill Councellors advise and talking with them as if they had beene but private men he so farre offended both the Senate and people that to free the Republicke from his Tyranny and preserve their hereditary Liberties they conspired his death and soone after murthered him in the Senate-house where they gave him
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
intending to reduce them to his obedience by force of armes God by his Prophet Shemiah expressely prohibited him and his army to goe up or fight against them and made them all to returne to their owne houses without fighting and to Isay 14. 4. 19. to 22. where God threatens to cast the King of Babilon out of his grave as an abhominable branch as a carcasse trodden under foot marke the reason Because thou hast destroyed thy Land and slaine thy People to cut off from Babylon his name and remembrance and Sonnes and Nephewes as he had cut off his peoples though heathens Yea contrary to that memorable Speech of that noble Roman Valerius Corinus when he was chosen Dictator and went to fight against the Roman conspirators who toke up armes against their Country Fugeris etiam honestius tergumque civi dederis quam pugnaveris contra patriam nunc ad pacificandum bene atque honeste inter primos stabis postulate aequa et ferte quanquam vel iniquis standum est potius quam impias inter nos conseramus manus c. If then a Kings offensive warre upon his Subjects without very just grounds and unevitable occasions be thus utterly sinfull and unlawfull in law and Conscience and most diametrally contrary to the Oath Office trust and duty of a King who by this strange metamorphosis becomes a Wolfe instead of a Shepheard a destroyer in liew of a Protector a publike Enemy in place of a Common friend an unnaturall Tyrant instead of a naturall King it followes inevitably that the Subjects or Kingdomes resistance and defensive warre in such a case both by the law of God of nature of the Realme must be lawfull and just because directly opposite to the only preservative against that warre which is unlawfull and unjust and so no Treason nor Rebellion by any Law of God or man which are illegall and criminall too Eightly It is the received resolution of all Canoniâ—â—s Schoolemen and Civill Lawyers That a defensive warre undertaken onely for necessary defence doth not propâ—ly deserve the nam of warre but onely of Defence That it is no lâ—vying of warre at all which implies an active offenâ—ive not passive defensive raising of forces and so no Treason nor offence within the statute of 25. E. 3. c. 2. as the Parliament the onely proper Iudge of Treasons hath already resolved in point of Law but a faculty onely of defence Cuilibet Omni Iure ipsoque Rationis Ductu Permissa c. permitted to every one By all Law or right and by the very conduct of reason since to propulse violence and iniury is permitted by the very Law of Nations Hence of all the seven sorts of warre which they make they define the last to be A just and Necessary War quod fit se et sua defendendo and that those who dâ—e is such a war caeteris paribus are safe Causa 23. qu. 1. and if they be slaine for defence of the Common-wealth their memory shall live in perpetuall glory And hence they give this Definition of a just Warre Warre is a Lawfull Defence against an imminent or praeceeding offence upon a publike or private cause concluding That if Defence be severed from Warre it is a Sedition not Warre Although the Emperour himselfe denounce it Yea although the whole World combined together Proclaime it For the Emperour a King can no more lawfully hurt another in Warre then he can take away his goods or life without cause Therefore let Commentatoâ—s bâ—awle eternally about Warre yet they shall never justifie nor prove it lawfull Nisi ex Defensione Legitima but when it proceeds from Lawfull defence all Warres being rash and unjust against those who justly defend themselves This Warre then being undertaken by the Parliament onely for their owne and the Kingdomes necessary defence against the Kings invasive Armies and Cavalliers especially now after the Kings rejection of all Honourable and safe termes of Peace and accommodation tendered to him by the Parliament must needs be just and lawfull and so no Treason nor Rebellion in point of Law or Conscience Since no Law of God nor of the Realme hath given the King any Authority or Commission at all to make this unnaturall Warre upon his Parliament his people to enslave their Soules and Bodies or any inhibition to them not to defend themselves in such a case These generall Considerations thus premised wherein Law and Conscience walke hand in hand I shall in the next place lay downe such particular grounds for the justification of this Warre which are meerely Legall extracted out of the bowels of our knowne Lawes which no professors of them can contradict First it is unquestionable that by the Common and Statute Law of the Land the King himselfe who cannot lawfully proclaime Warre against a Forraigne Enemy much lesse against his people without his Parliaments previous assent as I have elsewhere proved cannot by his absolute Soveraigne Prerogative either by verball Commands or Commissions under the great Seale of England derive any lawfull or just Authority to any Generall Captaine Cavalliers or person whatsoever without Legall Triall and Conviction to seize the Goods or Chattels of any his Subjects much lesse forcecibly to Rob Spoile Plunder Wound Beat Kill Imprison or make open War upon them without a most just and in vitable occasion and that after open kostilitij denounced against them And if any by vertue of such illegal Commissions or Mandats Assault Plunder Spoile Rob Beat Wound Slay Imprison the Goods Chattels Houses Persons of any Subject not lawfully convicted They may and ought to be proceeded against resisted apprehended indicted condemned for it notwithstanding such Commissions as Trespassers Theeves Burglarers Felons Murderers both by Statute and Common Law As is clearely enacted and resolved by Magna Charta cap. 29. 15. E. 3. Stat. 1. cap. 1. 2. 3. 42. E. 3. cap. 1. 3. 28. E. 1. Artic. super Chartas cap. 2. 4 E. 3. c. 4. 5. E. 3. cap. 2. 24. E. 3. cap. 1. 2 R. 2 cap. 7. 5 R. 2 ca 5. 1. H. 5. cap. 6. 11. R. 2. cap. 1. to 6. 24 H. 8. cap. 5. 21. Jacob. c. 3. Against Monopolies The Petition of Right 3. Caroli 2. E. 3. c. 8. 14. E. 3. ca. 14. 18. E. 3. Stat. 3. 20. E. 3. cap. 1. 2. 3. 1. R 2. cap. 2. And generally all Satutes against Purveyers 42. Ass Pl. 5. 12. Brooke Commissions 15. 16. Fortesoue c p. 8. 9. 10. 13. 14. 26. 1. E. 3. 2. 2. H. 4. 24. Br. Faux Jmprisonment 30. 28. 22. E. 4 45. a Tr. 16. H. 6. Monstrans de Faits 182 Stamford lib. 1. fol. 13. a. 37. a. The Conference at the Committies of both Houses 3 o. Aprilis 4 o. Caroli concerning the Right and Priviledge of the Subject newly Printed Cooke lib. 5. fol. 50. 51. lib. 7. fol. 36. 37. lib. 8. fol. 125. to 129. Iudge Crooks and Huttons Arguments against Shipmoney with divers
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
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
the apprehension of such as have beene voted Traytors and Delinquents by Parliament and stand out in contempt against its justice for the defence of the Priviledges and Members of Parliament the Liberties and properties of the subject the fundamentall lawes of the Realme the Protestant Religion now indangered by Papists up in Armes in England and Ireland to extirpate it and the removing ill Counsellors from his Majestie to be no high Treason Rebellion or offence at all against the king but a just and lawful Act the very miscarriages wherof in the generall except in such disorderly Souldiers for whom martiall Law hath provided due punishments deserve a publike pardon both from King and Kingdome And to put this out of Question as no fancie of mine owne we have an expresse Act of Parliament resolving the taking up of Armes by the Queene Prince both but subjects and capable of High Treason in such a case as well as others the Nobles and people of the Realme against these two Spensers and other ill Counsellors about this king in the last yeare of his raigne though the King himself were in their Company and taken prisoner by the Forces raised against them for the necessary preservation reliefe and safety of the Queene Prince Nobles Kingdome to be no high Treason nor offence at all namely the statute of 1 E. 3. c. 1. 2. 3 which I shall recite at large Whereas Hugh Spenser the Father and Hugh Spenser the Sonne late at the suite of Thomas then Earle of Lancaster and Leycester and Steward of England by the common assent and vote of the Peers and Commons of the Realme and by the assent of King Edward Father to our Soveraigne Lord the King that now is AS TRAITORS ENEMIES OF THE KING OF THE REALME were Exiled disinherited and banished out of the Realme for ever And afterward the same Hugh by evill Councell which the king had about him without the assent of the Peeres and Commons of the Realme came againe into the Realme and they with other procured the said king to pursue the said Earle of Lancaster and other great men and people of the Realme in which pursuite the said Earle of Lancaster and other great men and people of the Realme were willingly dead and disinherited and some outlawed banished and disinherited and some disinherited and imprisoned and some ransommed and disherited and after such mischiefe the said Hugh and Hugh Master Robert Baldâ—cke and Edmâ—nd Earle of Arundell usurped to them the Royall power so that the king nothing did nor would doe but as the said Hugh and Hugh Robâ—rt and Edmond Earle of Arundell did councell him were it never so great wrong during which usurpation by duresse and force against the Will of the Commons they purchased Lands as well by fines levied in the Court of the said Edward as otherwise and whereas after the death of the said Earle of Lancaster and other great men our Soveraigne Lord the King that now is and Dame Isabel Queene of England his Mother by the Kings will and Common Councell of the Realme went over to France to treate of peace betweene the two Realmes of England and France upon certaine debates then moved The said Hugh and Hugh Robert and Edmond Earle of Arundell continuing in their mischiefe encouraged the king against our Soveraigne Lord the king that now is his sonne and the said Queene his wife and by royall power which they had to them encroached as afore is said procured so much grievance by the assent of the said King Edward to our Soveraigne Lord the King that now is and the Queene his mother being in so great jeopardy of themselves in a strange Country and seeing the Destruction Dammage Oppressions and Distractions which were notoriously done in the Realme of England upon holy Church Prelates Earles Barons and other great men and the Commonalty by the said Hugh and Hugh Robert and Edmond Earle of Arundell by the encroaching of the said royall power to them to take as good Councell therein as they might And seeing they might not remedie the same unlesse they came into England with an Army of men of warre and by the Grace of God with such puissance and with the helpe of great men and Commons of the Realme they have vanquished and destroyed the sayd Hugh and Hugh Robert and Edmond Wherefore our Soveraigne Lord King Edward that now is at his Parliament holden at Westmiuster at the time of his Coronation the morrow after Candlemas in the first yeare of his reigne upon certaine Petitions and requests made unto him in the said Parliament upon such Articles above rehearsed by the common councell of the Prelates Earles Barons and other great men and by the Commonalty of the Realme there being by his Commandment hath provided ordained and stablished in forme following First that no great man or other of what estate dignity or condition he be that came with the said king that now is and with the Queene his mother into the Realme of England and none other dwelling in England who came with the said king that now is and with the Queene In ayde of them to pursue their said enemies in which pursuite the King his Father was taken and put in ward and yet remaineth in ward shall not be molested impeached or grieved in person or goods in the kings Court or other Court for the pursuite of the said king taking and with holding of his body nor pursuite of any other nor taking of their persons goods nor death of any man or any other things perpetrate or committed in the said pursuite from the day the said king and Queene did arme till the day of the Coronation of the same king and it is not the kings minde that such offenders that committed any trespasse or other offence out of the pursuites should goe quit or have advantage of this statute but they shall be at their answere for the same at the Law Item that the repeale of the said Exile which was made by Dures and force be adâ—ulled for evermore and the said Exile made by award of the Peeres and Commons by the kings assent as before is said shall stand in his strength in all points after the tenure of every particular therein contained Item that the Executors of the Testament of all those that were of the same quarrell dead shall have actions and recover the Goods and Chattels of them being of the said quarrell whose executors they be as they of the same quarrell should c. Certainely here was an higher pursuite and levying warre against the King and his evill Councellors then any yet attempted by this Parliament and a warre rather offensive then defensive in which the king himself was both taken and detained Prisoâ—r and then forced to resigne his Crowne to his sonne yet this is here justified as a necessary just and lawfull warre by an Act of Parliament never yet repealed and all that bare Armes
the honour of God the Salvation of the King for if the Kingdome perish or miscarry the king as king must needs perish with it the maintenance of his Crowne supported onely by the maintenance of the kingdomes welfare and the Salvation and common profit of all the Realm and this being one of the first solemne judgements if not the very first given in Parliament after the making of the statute of 25 E. 3. which hath relation to its clause of levying war must certainely be the best exposition of that Law which the Parliament onely ought to interpret as is evident by the statute of 21. R. 2. c. 3. It is ordained and stablished that every man which c. or he that raiseth the people and riseth against the King to make warre within his Realme and of that be duly attainted and judged in the Parliament shall be judged as a Traytor of High Treason against the Crowne and other forecited Acts and if this were no Treason nor Rebellion nor Trespasse in the Barons against the king or kingdome but a warre for the honour of God the salvation of the king the maintenance of his Crowne the safety and common profit of all the Realme much more must our Parliaments present defensive warre against his Majesties ill Councellors Papists Malignants Delinquents and men of desperate fortunes risen up in Armes against the Parliament Lawes Religion Liberties the whole Kingdomes peace and welfare be so too being backed with the very same and farre better greater authority and more publike reasons then their warre was in which the safety of Religion was no great ingredient nor the preservation of a Parliament from a forced dissolution though established and perpetuated by a publike Law King Henry the 4 th taking up Armes against King Richard and causing him to be Articled against and judicially deposed in and by Parliament for his Male-administration It was Enacted by the Statute of 1. Hen 4. cap. 2. That no Lord Spirituall nor Temporall nor other of what estate or condition that he be which came with King Henry into the Realme of England nor none other persons whatsoever they be then dwelling within the same Realme and which came to this King in aide of him to pursue them which were against the Kings good intent and the COMMON PROFIT OF THE REALME in which pursuit Richard late King of England the second after the Conquest was pursued taken and put in Ward and yet remaineth in Ward be impeached grieved nor vexed in person nor in goods in the Kings Court nor in none other Court for the pursuites of the said King taking and with-holding of his body nor for the pursuits of any other taking of persons and cattells or of the death of a man or any other thing done in the said pursuite from the day of the said King that now is arived till the day of the Coronation of Our said Soveraigne Lord Henry And the intent of the King is not that offendors which committed Trespasses or other offences out of the said pursuits without speciall warrant should be ayded nor have any advantage of this Statute but that they be thereof answerable at the Law If those then who in this offensive Warre assisted Henry the 4 th to apprehend and depose this persidious oppressing tyrannicall king seduced by evill Counsellors and his owne innate dis-affection to his naturall people deserved such an immunity of persons and goods from all kinds of penalties because though it tended to this ill kings deposition yet in their intentions it was really for the common profit of the Realme as this Act defines it No doubt this present defensive Warre alone against Papists Delinquents and evill Counsellors who have miserably wasted spoiled sacked many places of the Realme and fired others in a most barbarous maner contrary to the Law of Armes and Nations and labour to subvert Religion Laws Liberties Parliaments and make the Realm a common Prey without any ill intention against his Majesties Person or lawfull Royall Authority deserves a greater immunity and can in no reasonable mans judgement be interpreted any Treason or Rebellion against the king or his Crowne in Law or Conscience In the 33. yeare of king Henry the 6 th a weake Prince wholly guided by the Queene and Duke of Somerset who ruled all things at their wills under whose Government the greatest part of France was lost all things went to ruine both abroad and at home and the Queene much against the Lords and Peoples mindes preferring the Duke of Sommerset to the Captain ship of Calice the Commons and Nobility were greatly offended thereat saying That he had lost Normandy and so would he doâ— Calice Hereupon the Duke of Yorke the Earles of Warwicke and Salisbury with other their adherents raised an Army in the Marches of Wales and Marched with it towards London to suppresse the Duke of Sommerset with his Faction and reforme the Governement The king being credibly informed hereof assembled his Host and marching towards the Duke of Yorke and his Forces was encountred by them at Saint Albanes notwithstanding the kings Proclamation to keepe the Peace where in a set Battell the Duke of Somerset with divers Earles and 800. others were slaine on the kings part by the Duke of Yorke and his companions and the kingâ—â— a manner defeate The Duke after this Victory obtained remembring that he had oftentimes declared and published abroad The onely cause of this War to be THE ADVANCEMENT OF THE PUBLIKE WEALE and TO SET THE REALME IN A MORE COMMODIOVS STATE and BETTER CONDITION Vsing all lenity mercy and bounteousnesse would not once touch or apprehend the body of King Henry whom he might have slaine and utterly destroyed considering that hee had him in his Ward and Governance but with great honour and due reverence conveyed him to London and so to Westminster where a Parliament being summoned and assembled soone after It was therein Enacted That no person should either judge or report any point of untruth of the Duke of Yorke the Earles of Salisbury and Warwicke For comming in Warlike manner against the King at Saint Albanes Considering that their attempt and enterprise Was onely to see the Kings Person in Safeguard and Sure-keeping and to put and Alien from Him the publike Oppressors of the Common wealth by whose misgovernance his life might be in hazard and his Authority hang on a very small Thred After this the Duke and these Earles raised another Army for like purpose and their owne defence in the 37 and 38 yeares of H. 6. for which they were afterwards by a packed Parliament at Coventree by their Enemies procurement Attainted of high Treason and their Lands and Goods confiscated But in the Parliament of 39. H. 6. cap. 1. The said attainder Parliament with all Acts and Statutes therein made were wholly Reversed Repealed annulled as being made â—y the excitation and procurement of seditious ill disposed Persons for the
not have done in point of Law Iustice Honour Conscience had they beene Rebells or Traytors for standing on their guards and making defensive Warres onely for their owne and their Religions preservation but likewise by two severall publike Acts of Parliament the one in England the other in Scotland declaring the Scots late taking up Armes against him and his evill Counsellors in defence of their Religion Lawes Priviledges to be no Treason nor Rebellion and them to bee his true and loyall Subjects notwithstanding all aspertions cast upon them by the Prelaticall and Popish Party because they had no ill or disloyall intention at all against his Majesties Person Crowne and Dignity but onely a care of their owne preservation and the redresse of thâ—se Enormities Pressures grievances in Church and State which threatned desolation unto both If then their seizing of the Kings Fortes Ammunition Revenues and raising an Army for the foresaid ends hath by his Majesty himselfe and his two Parliaments of England and Scotland beene resolved and declared to be no Treason no Rebellion at all against the King by the very same or better reason all circumstances duely pondered our Parliaments present taking up Armes and making a Defensive Warre for the endes aforesaid neither is nor can be adjudged Treason or Rebellion in point of Law or Iustice In fine the King himself in his Answer to the 19. Propositions of both Houses Iune 3. 1642. Confesseth and calleth God to witnesse That all the Rights of his Crowne are vested in him for his Subjects sake That the Prince may not make use of his high and perpetuall power to the hurt of those for whose good he hath it nor make use of the name of publike Necessity for the gaine of his private Favourites and Followers to the detriment of his people That the House of Commons may impeach those who for their owne ends though countenanced with any surreptitiously gotten Command of the King have violated that Law which he is bound when he knowes it to protect and to protection of which they were bound to advise him at least Not to serve him in the Contrary let the Cavalleers and others consider this and the Lords being trusted with a Iudiciary power are an excellent screene and banke betweene the King and people to assist each against any Incroachments of the other and by just Iudgements to preserve that Law which ought to be the Rule of every one of the three Therefore the power Legally placed in both Houses Being more then sufficient to prevent and restraine the power of Tyranny by his Majesties owne Confession it must needs be such a power as may legally inable both Houses when Armes are taken up against them by the King or any other to subvert Lawes Liberties Religion and introduce an Arbitrary government not onely to make Lawes Ordinances and Assessements but likewise to take up Armes to defend and preserve themselves their Lawes Liberties religion and to prevent restraine all forces raysed against them to set up Tyranny else should they want not onely a more then sufficient but even a sâ—fficient necessary power to prevent and restraine the power of Tyranny which being once in armes cannot bee restraned and prevented repulsed with Petitions Declarations Lawes Ordinances or any Paper Bulwarkes and Fortifications or other such probable or possible meanes within the Parliaments power but onely by Armes and Militarie Forces as reason and experience in all Ages manifest From all which pregnant punctuall domesticke Authorities and resolutions of Ancient Moderne and present times I presume I may infallibly conclude That the Parliaments present taking up necessary Defensive Armes is neither Treason nor Rebellion in iudgement of Law but a iust and lawfull Act for the publicke benefit and preservation of King Kingdome Parliament Lawes Liberties Religion and so neither their Generall Souldiers nor any person whatsoever imployed by them in this War or contributing any thing towards its maintenance are or can be Legally indicted prosecuted or in any manner proceeded against as Traitors Rebels Delinquents against the King or Kingdome and that all Proclamations Declarations Indictments or proceedings against them or any of them as Traitors Rebels or Delinquents are utterly unlawfull iniust and ought to be reversed as meere Nullities It would be an infinite tedious labour for me to relate what Civilians and Canonists have written concerning Warre and what Warre is just and lawfull what not In briefe they all generally accord That no Warre may or ought to be undertaken cut of covetousnesse lust ambition cruelty malice desire of hurt revenge or for booty propter praedam enim militare peccatum est Whence Joh Baptist Luke 3. 14. gave this answer to the Souldiers who demanded of him what shall we doe Doe violence to no man neither accuse any man falsly and be content with your wages Ne dum sumptus quaeritur praedo grassetur Which prooves the Warres of our plundring pillaging Cavalleers altogether sinnefull and unjust And that such a Warre onely is just which is waged for the good and necessary defence of the Common-wealth by publike Edict or consent or to regaine some thing which is unjustly detained or taken away and cannot otherwise be acquired or to repell or punish some injury or to curbe the insolency of wicked men or preserve good men from their uniust oppressions which Warres ought onely to be undertaken out of a desire of Peace as they prove out of Augustine Gregory Isidor Hispalensis and others In one word they all accord That a necessary defensive Warre to repulse an Injury and to preserve the State Church Republike Freedomes Lives Chastities Estates Lawes Liberties Religion from unjust violence is and ever hath beene lawfull by the Law of Nature of Nation yea By all Lawes whatsoever and the very dictate of Reason And that aâ—nâ—cessary defensive Warre is not properly a Warre but a meere Defence against an unlawfull Violence And therâ—fore mâ—st of necessitie be acknowledge lawfull because directly opposite to and the onely remedy which Gâ—d and Nature have giuen men against Tâ—rannicall and unjust invasions which are both sâ—â—nâ—full and unlawfull And so can be no Treason no Rebellion no crime at all thouâ—â— our Princes or Parents be the unjust assailâ—nts Of which see more in Hugo Groâ—ius de Iure Belli l. 2. c. 1. I shall close up the Civillians and Câ—noâ—â—â—s Opinions touching the lawfulnesse of a Defensive Warre with the words oâ— Aâ—bericâ—â—â—entilis Professor of Civill Law in the Vniversitie of Oxford in Queene Elizabeths Raigne Who in his learned Booke De Jure Belli Pacis Dedicated to the most illustrious Robert Devoreux Earle of Essex Father to the Parliaments present Lord Generall determines thus Lib. 1. caâ— 13 pag. 92. c. Although I say there be no cause of warre from nature yet there are causes for which we undertake warre by the conduct of nature as is the cause of Defence and when warre is
Theology which others have wholly omitted may seasonably be here supplyed to satisfie Consciences yet unresolved of the justnesse of the present and all other necessary Defensive Warres I shall not over-sparingly or cursorily passe through it without a competent debate Now lest the Consciences of any should bee seduced ensnared with generalities or cleere mistakes through the mis-stating of the points in question with which devise many have beene hitherto deluded by the Opposites who cumbate onely with their owne mishapen fancies discharging all their Gunshot against such Tenets as are not in question and no waies comming neere the White in Controversie I shal for my own orderly proceeding and the better satisfaction of ignorant scrupulous seduced consciences more punctually state the Question then formerly in the Legall Part first Negatively next Positively and then proceede to its debate Take notice therefore First that this is no part of the question in dispute Whether the Parliament or any Subjects who soever may actually disobey or violently with force of Armes resist the Kings or any other lawfull Magistrates just commands warranted either by Gods Word or the Lawes of England it being out of controversie readily subscribed by all of both sides that Such commands ought not so much as to be disobeyed much lesse forcibly resisted but cheerefully submitted to and readily executed for Conscience sake Rom. 13. 1. to 6. 1 Pet. 2. 13 14. Tit. 3. 1. Hebr. 13. 17. Iosh 1. 16 17. 18. Ezra 7. 26. Eccles 8 2 3 4 5. the onely thing these objected Scriptures prove which come not neere the thing in question though our Opposites most rely upon them Secondly Neither is this any branch of the dispute Whether Subjects may lawfully rise up or rebell against their Prince by way of Muteny Faction or Sedition without any just or lawfull publicke ground or for every trifling injury or provocation offered them by their Prince Or whether private men for personall wrongs especially where their lives chastities livelihoods are not immediatly endangered by actuall violent unjust assaults may in point of Conscience lawfully resist or rise up against their Kings or any other lawfull Magistrates Since all disavow such tumultuous Insurrections and Rebellions in such cases yet this is all which the oft objected Examples of Korah Dathan and Abiram with other Scriptures of this Nature doe or can evince Thirdly nor is this any parcell of the Controversie Whether Subjects may lay violent hands upon the persons of their Princes wittingly or willingly to deprive them of their Lives or Liberties especially for private Injuries or in cold blood when they doe not actually nor personally assault their lives or chastities or for any publike misdemeanours without a precedent sentence of Imprisonment or death against them given judicially by the whole States or Realmes where they have such Authority to araigne and judge them For all unanimously disclaime yea abominate such Traitorous practises and Iesuiticall Positions as execrable and unchristian yet this is all which the example of Davids not offering violence to King Saul the 1 Sam. 24. 3. to 22. cap. 26. 2. to 25. 2 Sam. 1. 2. to 17. or that perverted Text of Psal 105. 15. the best Artillery in our Adversaries Magazines truely prove Fourthly Neither is this the thing in difference as most mistake it Whether the Parliament may lawfully raise an Army to goe immediately and directly against the very person of the King to apprehend or offer violence to him much lesse intentionally to destroy him or to resist his owne personall attempts against them even to the hazard of his life For the Parliament and their Army too have in sundry Remonstrances Declarations Protestations and Petitions renounced any such disloyall intention or designe at all for which there is no colour to charge them and were his Majestie now alone or attended onely with his Ordinary Courtly Guard there needed no Army nor Forces to resist his personall assaults Yet this is made the principall matter in question by Doctor Ferne by An appeale to thy Conscience and other Anti-parliamentary Pamphlets who make this the sole Theame of their Discourses That Subjects may not take up Armes Against their Lawfull Soveraigne because he is wicked and unjust no though he be an Idolater and Oppressor That Suppose the King will not discharge his trust but is bent or seduced to subvert Religion Lawes Liberties yet Subjects may not take up Armes and resist the King it being unwarrantable and according to the Apostle damnable Rom. 13. Yea this is all the questions the G. valleers and Malignants demand of their Opposites in this cause What will you take up Armes will you fight against or resist the King c. Never stating the question of his Forces his Army of Papists Malignants Delinquents but onely of the King himselfe abstracted from his invading depopulating Forces against whom in this sence of theirs the Parliament never yet raised any Forces nor made the least resistance hitherto These foure particulars then being not in question I shall here appeale to the most Malignant Conscience Whether Doctor Ferne and all other our Opposites pretenders of Conscience haue not ignorantly if not maliciously made shipwracke of their good Consciences had they ever any by a wilfull mistating of the Controversie concerning the present Defensive Warre in the foure preceding particulars which they make the onely Questions when not so much as one of them comes within the Verge of that which is the reall Controversie and never once naming that in all or any of their Writings which is the point indeed Secondly Whether there bee any one Text or Reason in all their Pamphlets particularly applied to any thing which concernes the present Warre but onely to these foure particulars which are not in debate And if so as no Conscience can gaine-say it then there is nought in all the wast Papers they have published which may either resolve or scruple any Conscience That the Parliaments Defensive Armes and resistance are unlawfull in point of Divinity or Conscience which is steered by the Scriptures Compasse But if these particulars be not in question you may now demand what the knot and true state of the present Controversie in point of Conscience is In few words take it thus Whether both Houses of Parliament and the Subjects by their Authority for the preservation of their owne Persons Priviledges Lawes Lives Liberties Estates Religion the apprehension of Voted coâ—tumatious Traitors and Delinquents the rescuing his seduced Majestie out of the power of Popish pernicious Counsellours and Forces who end avour the Kingdomes subversion by withdrawing him from and incensing him against his Parliament may not lawfully with a good Conscience take up necessary defensive Armes and make actuall Warlike resistance against his Majesties Malignant ill Counsellors and invading Popish Forces who now Murther Rob Spoile Sacke Depopulate the Kingdome in a most Hostile manner to set up Tyranny Popery and an
King and Monarch every subject worse than a Turkish slave and exposed to as many uncontrolable Soveraignes as there are Souldiers in the Kings Army be their conditions never so vile their qualitie never so mean and the greatest Peeres on the Parliaments party must be irresistably subject to these new absolute Soveraignes lusts and wills Twelfthly if all these will not yet satisfie Conscience in the Lawfulnesse the justnesse of the Parliaments and peoples present forcible resistance of the Kings Captaines and Forces though Armed with an illegall Commission which makes nothing at all in the case because voyd in Law there is this one Argument yet remaining which will satisfie the most scrupulous malignant opposite Conscience That necessary forcible resistance which is Authorised and Commanded by the Supreamest lawfull power and highest Soveraigne Authority in the Realme must infallibly be just and lawfull even in point of Conscience by the expresse Resolution of Rom. 13. and our opposites owne confession who have no other Argument to prove the Offensive warre on the Kings part Lawfull but because it is commanded and the Parliaments and Subjects Defensive Armes Unlawfull but because prohibited by the King whom they salsely affirm to be the highest Soveraigne power in the Kingdome above the Parliament and whole Realme collectively considered But this resistance of the Kings Popish malignant invading Forces is Authorized and Commanded by the expresse Votes and Ordinances of both Houses of Parliament which I have already undeniably manifested to be the Supreamest Lawfull Power and Soveraignest Authority in the Realme Paramount the King himselfe who is but the Parliaments and Kingdomes Publicke Royall Servant for their good Therefore his Resistance must infallibly be just and Lawfull even in Point of Conscience Thus much for the Lawfulnesse in Court of Conscience of resisting the Kings unjustly assaulting Forces armed with his Commission I now proceede to the justnesse of opposing them by way of forcible resistance when accompanied with his personall presence That the Kings Army of Papists and Malignants invading the Parliaments or Subjects persons goods Lawes Liberties Religion may even in Conscience bee justly resisted with force though accompanied with his person seemes most apparently cleare to me not only by the preceeding Reasons but also by many expresse Authorities recorded and approved in Scripture not commonly taken notice of as First By the ancientest precedent of a defensive warre that we read of in the world Gen. 14. 1. to 24. where the five Kings of Sodom Gomorrah Admah Zeboiim and Zoar rebelling against Chedolaomer King of Nations after they had served him twelve yeeres defended themselves by armes and battle against his assaults and the Kings joyned with him who discomfiting these five Kings pillaging Sodom and Gomorrah and taking Lot and his goods along with them as a pâ—eâ— hereupon Abraham himselfe the Father of the faithfull in defence of his Nephew Lot to rescue him and his substance from the enemie taking with him 318. trained men of his owne family pursued Chedorlaomer and the Kings with him to Dan assaulted them in the night smote and pursued them unto Hoba regained all the goods and prisoners with his Nephew Lot and restored both goods and persons freely to the King of Sodom thereby justifying his and his peoples forcible defence against their invading enemies in the behalfe of his captivated plundred Nephew and Neighbors Secondly by the Example of the Israelities who were not onely King Pharaoh his Subjects but Bondmen too as is evident by Exod ch 1. to 12. Deut. 6. 21. c. 7. 8. c. 15. 15. c. 16. 12. c. 24 18. 22. Ezra 9. 9. Now Moses and Aaron being sent by God to deliveer them from their AEgyptian bondage after 430. yeares captivity under colour of demanding but three dayes liberty to goe into the wildernesse to serve the Lord and Pharoah notwithstanding all Gods Miracles and Plagues refusing still to let them depart till enforced to it by the slaughter of the Egyptians first borne as soone as the Israelites were marching away Pharaoh and the AEgyptians repenting of their departure pursued them with their Chariots and Horses and a great army even to the red Sea to reduce them here upon the Israelites being astonished and murmuring against Moses giving themselves all for dead men Moses sayd unto the people feare ye not stand still and see the Salvation of the Lord which he will shew to you this day for the AEgyptians whom you have seene to day ye shall see them againe no more for ever the Lord shall fight for you c. And hereupon God himselfe discomfited routed and drowned them all in the red Sea I would demaund in this case whether the Isralites might not here lawfully for their owne redemption from unjust bondage have fought against and resisted their Lord King Pharaoh and his invading Host accompanied with his presence had they had power and hearts to doe it as well as God himselfe who fought against and destroyed them on their behalfe If so as all men I thinke must grant unlesse they will censure God himselfe then a defensive warre in respect of life and liberty onely is just and Lawfull even in conscience by this most memorable story Thirdly by that example recorded Iudges 3. 8. 9. 10. where God growing angry with the Israelites for their Apostacie and Idolatry sold them here was a divine title into the hands of Cushan-Rishathaim King of Mesopotamia and the children of Israel served him 8. yeares Here was a lawfull title by conquest and 8 yeeres submission seconding it But when the children of Israel cryed unto the Lord the Lord raised up a deliverer to them even Othniel the sonne of Kenaz and the Spirit of the Lord came upon him and he went out to warre and the Lord delivered Cushan-rishatiam King of Mesopotamia into his hands and his hand prevailed against him so the land had rest 40. yeeres Loe here a just defensive warre approved and raised up by God and his Spirit in an ordinary manner only as I take it by encouraging the Instruments wherein a conquering King for Redemption former liberties is not onely resisted but conquered taken prisoner and his former dominion abrogated by those that served him as conquered subjects Fourthly by the example of Ehud and the Israelites Iudges chap. 3. 11. to 31 where we finde God himself strengthning Eglon King of Moab against the Israelites for their sinnes who thereupon gathering an Army smote Israel possessed their Cities so as the Israelites served this King 18. yeeres Here was a title by conquest approved by God submitted to by the Israelites yet after all this when the children of Israel cryed unto the Lord he raised them up a deliverer namely Ehud who stabbing Eglonn the King in the belly under pretext of private conference with him and escaping he therupon blew the trumpet commanded the Israelites to follow him to the warre slew ten thousand valiant men of
and fight with this their weapon That it is unlawfull for Christians to fight or make so much as a defensive warre against invading Forraign barbarous Enemies of whom this Father speaks And then if the Irish Rebels Danes Spaniards French should now invade England both against the Kings and Kingdoms Wills we must make no forcible resistance at all against them with Arms in point of conscience but onely use prayers and teares This is the uttermost conclusion which can properly be hence deduced which our Antagonists will confesse to be at least erronious Anabaptisticall if not Hereticall Secondly You must consider who it was that used this speech Ambrose a Minister then Bishop of Millain who by reason of this his function being an Ambassadour of Peace had his hands bound from fighting with any other weapons even against invading forraign Enemies but only with the sword of the spirit prayers and tears and that his calling only was the ground of this his speech is infallible by the latter clause thereof which our Opposites cunningly conceale Prayers are my Armes For such are the Defensive Armour OF PRIESTS Otherwise I NEITHER OVGHT NOR CAN RESIST Why so Because he was a Minister a Bishop and Paul prohibites such to be STRIKERS Tit. 1. 7. 1 Tim. 3. 3. and because Priests under the Law did but blow the Trumpets and never went out armed to the warres Josh 6. Upon which ground Divers Councells Decretalls Canonists expresly prohibit and exempt Priests and Bishops from bearing Arms or going to Warre though many of them have turned great Souldiers and been slain in warres Hence Anno 1267 in a Parliament held at Bury K. H. 3 d. and Ottobon the Popes Legat demanded of all the Bishops and Clergy men holding Barronies or Lay-fees that they should go personally armed against the Kings enemies or finde so great service in the Kings expedition as appertained to so much Lands and Tenants To which they answered That THEY OUGHT NOT TO FIGHT WITH THE MATERIALL SWORD no not against the Kings Enemies But with the spirituall to wit with humble and devoute tears and prayers using these words of Ambrose And that for their benefices they were bound to maintain Peace NOT WARRE Hence our King Richard the first taking the Bishop of Beauvoyes in France his great Enemy armed from top to toe prisoner in the field commanded him to be strictly kept in prison in his arms and would by no means suffer him to put them off for which hard usuage he complained to the Pope and procured his letter to King Richard to free him from his arms and restraint in which Letter the Pope sharply reproves the Bishop for preferring the secular warfare before the spirituall in that he had taken a Speare insteed of a Crosier an Helmet in liew of a Miter an Habergion insteed of a white Rochet a Target in place of a Stole an Iron-sword insteed of a spirituall sword After which the King sent his Arms with this Message to the Pope See whether this be thy sonnes Coat or not Which the Pope beholding answered No by Saint Peter It is neither the apparell of my sonnes nor yet of my Brethren but rather the vesture of the sonnes of Mars And upon this ground Our Bishops anciently when Members of Parliament departed the house when Cases of Treason or Felony came in question because they might not by the Canons have their hands in bloud This then being Ambrose his direct words and meaning That he neither ought nor could use any other Weapons against the invading Gothes and their forces but prayers and tears because he was a Minister not a Bishop a Lay-man The genvine Argument that our opposites can thence extract is but this Priests must use no other Defensive Arms but prayers and tears against invading forraign Enemies Ergo The Priests and Ministers in his Majesties Armies who bear Offensive Arms must now in conscience lay them down and use no other resistance but prayers and tears against the Parliaments forces where as their former inference against resistance Ergo It is altogether unlawfull for the Parliament or any Lay-Subjects by their command to defend Religion Laws Liberties against his Majesties invading forces who intend by force to subvert them is but ridiculous nonsence which never once entred into this Fathers thoughts and can never be extorted from his words Ministers of the Gospel must not use any Arms but prayers and tears to resist a forraigne Enemy Ergo None else may lawfully use them to withstand an invading adversary Is a conclusion fitter for Anabaptists then Royallists who may now with shame enough for ever bid this authority adieu with which they have hitherto gulled the ignorant World And henceforth turn it against the Commission of Array enjoyning Bishops and Clergy men to array and arme themselves as well as other men as the Presidents cited in Judge Cooke his Argument against Ship-money in the Parliaments two Declarations against the Commission of Array and in the Answer published in the Kings name to the first of them plentifully evidence Finally Hence I infer That Clergy men may and must fight against their invading Enemies with prayers tears the Weapons which they may lawfully use as proper for their callings Ergo Lay-men may and must resist and fight against them with corporall Arms since they are as proper for them in cases of needfull defence as these spirituall Arms are for Priests The second Authority is that of Nazienzen Oratio 2. in Julianum Repressus of Julianus Christianorum lachrymis quas multas multi profuderunt HOC VNVM or Solum as Grotius translates it adversus persecutionem medicamentum habentes To which I shall adde by way of supply this other passage Nos autem quibus NVLLA ALIA ARMA nec muri nec praesidia praeter spem in Deum reliqua erant Vtpote OMNI HVMANO SVBSIDIO PRORSVS DESTITVTIS ET SPOLIATIS quem tandem alium aut precum auditorem aut inimicorum depulsorem habituri eramus quam Deum Jacob qui adversus superbiam jurat From whence they conclude that Christians must use no other weapons but prayers and tears against Tyrants and oppressors To which I answer First that it is cleare by this that Christians may use prayers and teares against Tyrants and oppressors Secondly that these are the most powerfull prevailing Armes both to resist and conquer them This the opposites readily grant Therefore by their own confession Christians both may and must resist tyrants by the most powerful effectual means that are Tyrants therefore are not the higher Powers Kings Rulers which Paul and Peter in the fore-objected texts enjoyne men under paine of damnation to be subject and obedient to for conscience sake and no waies to resist since they may resist them with the powerfullest armes of all others prayers and teares Thirdly if they may be lawfully resisted with these most prevailing armes notwithstanding