Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	duke_n	lord_n	york_n	2,824	5	9.5352	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91298	The third part of The soveraigne povver 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. It is this eighth day of May, 1643. ordered ... that this booke, ... be printed by Michael Sparke, senior. John White.; Soveraigne power of parliaments and kingdomes. Part 3	Prynne, William, 1600-1669.; England and Wales. Parliament. House of Commons.	1643 (1643)	Wing P4103; Thomason E248_3; ESTC R203191	213,081	158

them battle but his wisest councellors disswaded him affirming that the King should gaine no benefit if hee vanquished them and should sustaine great dishonour and losse if he were conquered by them In the meane time Hugh Linne an old Souldier who had lost his senses and was reputed a foole comming in to the Councell the King demanded of him in jest what hee should doe against the Nobles met together in the said Parke who answered Let us goe forth and assault them and slay every mothers sonne of them and by the eyes of God this being finished THOU HAST SLAINE ALL THE FAITHFVLL FRIENDS THOU HAST IN THE KINGDOME Which answere though uttered foolishly yet wise men did most of all consider At last is was resolved by the mediators of Peace that the Lords should meete the King at Westminster and there receive an answere to the things for which they tooke Armes thither they came strongly Armed with a great guard for feare of ambuscadoes to intrap them where the Chauncellour in the Kings name spake thus to them My Lords our Lord the King hearing that you were lately assembled at Harenggye Parke in an unusuall manner would not rush upon you as he might have easily done had he not had care of you and those who were with you because no man can doubt if he had raised an Army he would have had many more men than you and p●rchance much blood of men had beene spilt which the King doth most of all abhorre and therefore assuming to himselfe patience and mildnesse he hath made choyce to convent you peceably and to tell him the reason why yoy have ass●mbled so many men To which the Lords answered That THEY HAD MET TOGETHER FOR THE GOOD OF THE KING AND KINGDOME AND THAT THEY MIGHT PVLL AWAY THOSE TRAITORS FROM HIM WHICH HE CONTINVALLY DET AINED WITH HIM The Traytors they appealed were the foresaid ill Councellors and Nicholas Brambre the false London Knight and to prove this appeale of them true casting down their gloves they said they would prosecute it by Duell The King answered This shall not be done now but in the next Parliament with we appoint to be the morrow after the Purification of the blessed Virgin to which as well you as they comming shall receive satisfaction in all things according to Law The Lords for their owne safety kept together till the Parliament and in the meane timed feated the Forces of the Duke of Ireland raised privately by the Kings Command to surprise them The Parliament comming on the 11. yeare of Richard the second these ill councellors were therein by speciall Acts attainted condemned of High Treason and some of them executed and these defensive Armes of the Lords for their owne and the Kingdomes safety adjudged and declared to be no Treason but a thing done to the honour of God and Salvation of the King and his Realme witnesse the expresse words of the Printed Act of 11 R. 2. c. 1. which I shall transcribe Our Soveraigne Lord the King amongst other Petitions and requests to him made by the Commons of his said Realme in the said Parliament hath received one Petition in the forme following The Commons prayed that whereas the last Parliament for cause of the great and horrible mischiefes and perills which another time were fallen BY EVILL GOVERNANCE WHICH WAS ABOVT THE KINGS PERSON by all his time before by Alexander late Archbishop of Yorke Robert de Veere late Duke of Ireland Michael de la Pole late Earle of Suffolk Rober Trisilian late Iustice and Nicholas Brambre Knight with other their adherents and others Whereby the King and all his Realme were very nigh● to have beene wholly undone and destroyed and for this cause and to eschew such perils and mischiefes for the time to come a certaine statute was made in the same Parliament with a Commission to diverse Lords for the weale honour and safeguard of the King his regalty and of all the Realme the tenour of which Commission hereafter followeth Richard c. as in the Act. And thereupon the said Alexander Robert Mighill Robert and Nicholas and their said adherents seeing that their said evill governance should be perceived and they by the same cause more likely to be punished by good justice to be done and also their evill deedes and purposes before used to be disturbed by the sayd Lords assigned by commission as afore made conspired purposed divers horrible Treasons and evils against the King and the said Lords so assigned and against all the other Lords and Commons which were assenting to the making of the said Ordinance and Commission in destruction of the king his Regalty and all his Realme Whereupon Thomas Duke of Glocester the kings Vncle Richard Earle of Arundle and Thomas Earle of Warwicke perceiving the evill purpose of the sayd Traytors did assemble themselves in forcible manner for the safety of their persons to shew and declare the said Treasons and evill purposes and thereof to set remedie as God would and came to the Kings presence affirming against the said 5. Traytors appealed of High Treason by them done to the King and to his Realme upon which appeale the king our Soveraigne Lord adjourned the said parties till this present Parliament and did take them into his safe protection as in the record made upon the same appeale fully appeareth And afterwards in great Rebellion and against the said protection the said Traytors with their said adherents and others aforesaid continuing their evill purpose some of them assembled a great power by letters and Commission from the King himselfe as Walsingham and others write to have destroyed the said Duke and Earles appellants and other the kings lawfull leige people and to accomplish their Treasons and evill purposes aforesaid Whereupon the said Duke of Glocester Henry Earle of Darby the sayd Earles of Arundell and Warwicke and Thomas Earle Marshall seeing the open Destruction of the King and all his Realme if the said evill purposed Traitors and their adherents were not disturbed which might not otherwise have beene done but with strong hand for the weale and safeguard of the King our Soveraigne Lord and of all his Realme did assemble them forcibly and rove and pursued till they had disturbed the said power gathered by the said Traytors and their adherents aforesaid which five Traytors be attainted this present Parliament of the Treasons and evills aforesaid at the suite and appeale of the said Duke of Glocester Earles of Darby Arundle Warwicke and Marshall That it would please our redoubled Soveraigne Lord the King to accept approve and affirme in this present Parliament all that was done in the last as afore and as much as hath beene done since the last Parliament by force of the statute Ordinance or Commission aforesaid and also All that the said Duke of Glocester Earles of Arundell and W●rwicke did and that the same Duke and Earles and the said Earles of Derby and Marshall or any

against the king and his ill Councellors yea they who pursued apprehended and imprisoned the king himselfe are as to this particular discharged by the king and whole Parliament from all manner of guilt of punishment or prosecution whatsoever against them Which consideration makes me somewhat confident that this King and the Parliament held in the 25. yeare of his Raigne ch 2. Which declares it high Treason to levie warre against the King in his Realme did never intend it of a necessary defensive warre against a seduced King and his evill Councellors especially by the Votes of both Houses of Parliament who doubtlesse would never passe any Act to make themselves or their Posteritie in succeeding Parliaments Traytors for taking up meere necessary defensive Armes for their owne and the Kingdomes preservation for that had beene diametra●ly contrary to this statute made in the very first yeare and Parliament of this King and would have l●yd an aspertion of High Treason upon the king himself the Queene his Mother their own Fathers and many of themselves who thus tooke up Armes and made a defensive kinde of warre upon King ●dward the 2 d taking him prisoner but onely to Rebellious insurrections of private persons without any publick authority of Parliament or the whole Kingdome in generall and of meere offensive warres against the King without any just occasion hostilitie or violence on the Kings part necessitating them to take up defensive Armes which I humbly submit to the judgement of those grand Rabbies and Sages of the Law and the Honorable Houses of Parliament who are best able to resolve and are the onely Iudges to determine this point in controversie by the expresse letter and provision of 25. Ed. 3. ch 2. of Treasons In the first yeare of king Richard the 2 d. John Mercer a Scot with a Navie of Spanish Scottish French ships much infested the Marchants and Coasts of England taking many prises without any care taken by the king Lords or Councell to resist them Whereupon Iohn Philpot a rich Merchant of London diligently considering the defect that I say not treachery of the Duke of I ancaster and other Lords who ought to defend the Realme and grieving to see the oppressions of the people did at his proper charge hire a thousand souldiers and set out a fleete to take the said Mercers ships with the goods he had gotten by Pyracie and defend the Realme of England from such incursions who in a short time tooke M●rcer prisoner with 15. Spanish ships and all the Booties he had gained from the English whereat all the people rejoyced exceedingly commending and extolling Philpot for the great love he shewed to his Countrey and casting out some reproachfull words against the Nobles and Kings councell who had the rule of the kingdome and neglected its defence Whereupon the Nobility Earles and Barons of the Realme conscious of this their negligence and envying Philpo● for this his Noble praise-worthy action began not onely secretly to lay snares for him but openly to reproach him saying That it was not lawfull for him to doe such things without the advise or councell of the King and Kingdome quasi non licuisset benefacere Regi VELREGNO sine consilio Comitum Baronum Writes Walsingham as if it were not lawfull to doe good to the King or Kingdome without the advise of the Earles and Barrons or Lords of the Privie Councell To whom objecting these things and especially to Hugh Earle of Stafford who was the chiefe Prolocutor and spake most against it Iohn Philpot gave this answere Know for certaine that I have destinated my money ships and men to sea to this end not that I might deprive you of the good name and honour of your Militia or warlike actions and engrosse it to my selfe but pittying the misery of my Nation and Country which now by your sloathfulnesse of a most Noble kingdome and Lady of Nations is devolved into so great misery that it lyeth open to the pillage of every one of the vilest Nations seeing there is none of you who will put your hand to its defence I have exposed me and mine therefore for the Salvation of my proper Nation and frteing of my Country To which the Earle and others had not a word to reply From this memorable history and discourse which I have translated verbatim out of Walsingham I conceive it most evident that in the default of king and Nobles it is lawfull for the Commons and every particular subject without any Commission from the king or his Councell in times of iminent danger to take up Armes and raise Forces by Sea or Land to defend the king and his Native Country against invading enemies as Philpot did without offence or crime Then much more may the Houses of Parliament the representative body of the whole kingdome and all private Subjects by their Command take up necessary defensive Armes against the kings Popish and Malignant Forces to preserve the king Kingdome Parliament People from spoyle and ruine In the 8. yeare of King Richard the 2 d. there arose a great difference betweene the Duke of Lancaster the king his young complices who conspired the Dukes death agreeing sodainely to arrest and arraigne him before Robert Trisilian Chiefe Iustice who boldly promised to passe sentence against him according to the quality of the crimes objected to him Vpon this the Duke having private intelligence of their treachery to provide for his owne safety wisely withdrew himselfe and posted to his Castle at Ponfract storing it with Armes and Victualls Hereupon not onely a private but publicke discord was like to ensue but by the great mediation and paines of Ione the kings mother an accord and peace was made betweene them and this defence of the Duke by fortifying his Castle with Armes against the King and his ill instruments for his owne just preservation held no crime If such a defence then were held just and lawfull in one particular Subject and Peere of the land onely much more must it be so in both Houses of Parliament and the Kingdome in case the Kings Forces invade them In the 10 th yeare of King Richard the second this unconstant king being instigated by Michael de la Pole Robert V●ere Duke of Ireland Alexander Nevill ARchbishop of Yorke Robert Trysilian and other ill Councellors and Traytors to the kingdome endeavoured to seize upon the Duke of Glocester the Earles of Arundell Warwicke Derby Notingham and others who were faithfull to the kingdome and to put them to death having caused them first to be indighted of High Treason at Nottingham Castle and hired many Souldiers to surprise them Hereupon these Lords for their owne just defence raised Forces and met at Harynggye Parke with a numerous Army whereat the King being much perplexed advised what was best for him to do The Archbishop of Yorke and others of his ill Councell advised him to gee forth and give

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 do● 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 king●● 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 ●y the excitation and procurement of seditious ill disposed Persons for the

accomplishment of their owne Rancor and Covetousnesse that they might injoy the Lands Offices Possessions and Goods of the lawfull ●ords and liege People of the King and that they might finally destroy the laid lawfull Lords and Liege People and their Issues and Heires for ever as now the Kings ill Counsellors and hungry Cavalleers seek to destroy the Kings faithfull Liege Lords and People that they may gaine their Lands and Estates witnesse the late intercepted Le●ter of Sir Iohn Brooks giving advise to thus purpose to his Majestie and this Assembl● was declared to be no lawful Parliament but a devillish Counsell which desired more the destruction then advancement of the Publike weale and the Duke Earles with their assistants were restored and declared to be Faithful and Lawful Lords and Faithful liege People of the Realme of England who alwaies had great and Fathfull Love to the Preferrement and Surety of the Kings Person according to their Duty If then these two Parliaments acquitted these Lords and their companions thus taking up Armes from any the least guilt of Treason and rebellion against the King because they did it onely for the advancement of the publike weale the setting the Realme in a better condition the removing ill Counsellors and publike oppressors of the Realme from about the King and to rescue his person out of their hands then questionlesse by their resolutions our present Parliaments taking up defensive armes upon the selfe-same grounds and other important causes and that by consent of both Houses which they wanted can be reputed no high Treason nor Rebellion against the King in point of Law and no just no rationall Iudge or Lawyer can justly averre the contrary against so many forecited resolutions in Parliament even in printed Acts. The Earle of Richmund afterward King Henry the seventh taking up armes against Richard the third a lawfull King defacto being crowned by Parliament but an Vsurper and bloody ●yrant in Verity to recover his Inheritance and Title to the Crowne and ease the Kingdome of this unnaturall blood-thirsty Oppressor before his fight at Boswell Field used this Oration to his Souldiers pertinent to our purpose If ever God gave victory to men fighting in a just quarrell or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive Countrey or if he ever succoured them which adventured their lives for the reliefe of Innocents suppression of malefactors and apparent Offenders No doubt my Fellowes and Friends but he of his bountifull goodnesse will this day send us triumphant victory and a lucky revenge over our proud Enemies and arrogant adversaries for if you remember and consider the very cause of our just quarrel you shall apparently perceive the same to be true godly and vertuous In the which I doubt not but God will rather ayde us yea and fight for us then see us vanquished and profligate by such as neither feare him nor his Lawes nor yet regard Iustice and honesty Our cause is so just that no enterprise can be of more vertue both by the Laws Divine and Civill c. If this cause be not just and this quarrell godly let God the giver of victory judge and determine c. Let us therefore fight like invincible Gyants and set on our enemies like untimorous Tygers and banish all feare like tamping Lyons March forth like strong and robustious Champions and begin the battaile like hardy Conquerors the Battell is at hand and the Victory approacheth and if wee shamefully recule or cowardly fly we and all our sequele be destroyed and dishonoured for ever This is the day of gaine and this is the time of losse get this dayes victory and be Conquerours and lose this dayes battell and bee villaines And therefore in the name of God and Saint George let every man couragiously advance his standard They did so slew the Tyrannicall Vsurper wonne the Field And in the first Parliament of his Raigne there was this Act of indemnity passed That all and singular persons comming with him from beyond the Seas into the Realme of England taking his party and quarrell in recovering his just Title and Right to the Realme of England shall be utterly discharged quit and unpunishable for ever by way of action or otherwise of or for any murther slaying of men or of taking and disporting of goods or any other trespasses done by them or any of them to any person or persons of this his Realme against his most Royall Person his Banner displayed in the said field and in the day of the said field c. Which battell though it were just and no Treason nor Rebellion in point of Law in those that assi●ted King Henry the 7 th against this Vsurper yet because the killing of men and seising their goods in the time of Warre is against the very fundamentall Lawes of the Realme they needed an Act of Parliament to discharge them from suits and prosecutions at the Law for the same the true reason of all the forecited Acts of this nature which make no mention of pardoning any Rebellions or Treasons against the King for they deemed their forementioned taking up of Armes no such offences but onely discharge the Subjects from all suites actions and prosecutions at Law for any killing or slaying of men batteries imprisonments robberies and trespasses in seising of Persons Goods Chattels What our Princes and State have thought of the lawfulnesse of necessary Defensive sive Warres of Subjects against their oppressing Kings and Princes appeares by those aides and succours which our Kings in former ages have sent to the French Flemmings Almaines and others when their Kings and Princes have injuriously made Warres upon them and more especially by the publike ayde and assistance which our Queene Elizabeth and King James by the publike advise and consent of the Realme gave to the Protestants in France Germany Bohemia and the Netherlands against the King of France the Emperour and King of Spaine who oppressed and made Warre upon them to deprive them of their just Liberties and Religion of which more hereafter Certainely had their Defensive Warres against their Soveraigne Princes to preserve their Religion Liberties Priviledges beene deemed Treason Rebellion in point of Law Queene Elizabeth King James and our English State would never have so much dishonoured themselves nor given so ill an example to the world to Patronize Rebells or Traitours or enter into any solemne Leagues and Covenants with them as then they did which have been frequently renued and continued to this present And to descend to our present times our King Charles himself hath not onely in shew at least openly aided the French Protestants at Ree and Rochel against their King who warred on them the Germane Princes against the Emperour the Hollanders and Prince of Orange to whose Sonne hee hath married his elstest Daughter against the Spaniard and entred into a solemne League with them which hee could

case Sixtly I would demand of any Lawyer or Divine What is the true genuine reason that the taking up of offensive armes against or offering violence to the person or life of the King is High Treason in point of Law and Divinitie Is it not onely because and as he is the head and chiefe member of the Kingdome which hath a Common interest in him and because the Kingdome it selfe sustaines a publike prejudice and losse by this War against and violence to his Person Doubtlesse every man must acknowledge this to be the onely reason for if he were not such a publike person the levying War against or murthering of him could be no High Treason at all And this is the reason why the elsewhere cited Statutes of our Realme together with our Historians make levying of Warre deposing or killing the King by private persons High Treason not onely against the King but the REALME and Kingdome to Witnesse the Statutes of 5. R. 2. c 6. 11. R. 2. c. 1. 3. 6. 17 R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Parl. 2. c. 6. 28. H. 8. c. 7. 1. Mar. c. 6. 13. Eliz. c. 1. 3. Iaco. 1. 2. 3. 4. and the Act of Pacification this present Parliament declaring those persons of England and Scotland TRAITORS TO EITHER REALME who shall take up Armes against either Realme without common consent of Parliament which Enact The levying of Warre against the Kingdome and Parliament invading of England or Ireland treachery against the Parliament repealing of certaine Acts of Parliament ill Counselling the King coyning false Money and offering violence to the Kings person to take away his Life to be high Treason not onely against the King and his Crowne but THE REALME TO and those who are guilty of such crimes to bee High Traitors and Enemies TO THE REALME as well at to the King Hence Iohn of Gaunt Duke of Lancaster being accused in a Parliament held in 7. R. 2. by a Carmelite Frier of High Treason for practising sodainely to surprise the KING and seize upon his Kingdome the Duke denied it as a thing incredible upon this very ground If I should thus said he affect the Kingdome Js it credible after your murder which God forbid that the Lords of this Kingdome could patiently endure me Domini mei ET PATRIAE PRODITOREM being a Traitor both of my LORD and COUNTREY Hence in the same Parliament of 7. R. 2. John Walsh Esquire Captaine of Cherburg in France was accused by one of Navarre DE PRODITIONE REGIS REGNI Of Treason against the King and Kingdome for delivering up that Castle to the Enemies And in the Parliament of 3. R. 2. Sir John Annesley Knight accused Thomas Ketrington Esquire of Treason against the King and Realme for betraying and selling the Castle of Saint Saviour within the Isse of Constantine in France to the French for a great summe of money when as he neither wanted Victuals nor meanes to defend it both which Accusations being of Treasons beyond the Sea were determined by Battle and Duels fought to decide them Hence the great Favourite Pierce Gaveston Tanquam Legum subversor Hostis Terrae Publicus Publicus Regni Proditor capite truncatus est and the two Spensers after him were in Edward the second his Raigne likewise banished condemned and executed as Traitors to the King and Realme ET REGNI PRODITORES for miscounselling and seducing the King and moving him to make Warre upon his people Hence both the Pierces and the Archbishop of Yorke in their Articles against King Henry the fourth accused him as guilty of High Treason and a Traitor both to the King Realme and Kingdome of England for Deposing and murthering Richard the second And hence the Gunpouder Conspirators were declared adjudged and executed as Traitors both to the KING REALME for attempting to blow up the Parliament House when the King Nobles and Commons were therein assembled If then the King shall become an open enemie to his Kingdome and Subjects to waste or ruine them or shall seeke to betray them to a Forraigne Enemy which hath beene held no lesse then Treason in a King to doe who by the expresse resolution of 28. H. 8. cap. 7. may become a Traitor to the REALME and thereupon forfeit his very right and title to the Crowne it can be no Treason nor Rebellion in Law or Theologie for the Parliament Kingdome Subjects to take up armes against the King and his Forces in such a case when he shal wilfully and maliciously rent himselfe from and set himselfe in direct opposition against his Kingdome and by his owne voluntary actions turne their common interest in him for their good and protection into a publicke engagement against him as a common Enemy who seekes their generall ruine And if Kings may lawfully take up armes against their Subjects as all Royallists plead after they reject their lawfull power and become open Rebels or Traitors because then as to this they cease to be Subjects any longer and so forfeit the benefit of their Royal protection By the self-same reason the bond and stipulation being mutuall Kings being their Subjects Liege Lords by Oath and Duty as well as they their Liege people When Kings turne open professed Foes to their Subjects in an Hostile Warrelike way they presently both in Law and Conscience cease to be their Kings de jure as to this particular and their Subjects alleagiance thereby is as to this discharged and suspended towards them as appeares by the Kings Coronation Oath and the Lords and Prelats conditionall Fealty to King Steven so that they may justly in Law and Conscience resist their unlawfull assaults as enemies for which they must onely censure their owne rash unjust proceedings and breach of Faith to their People not their Peoples just defensive opposition which themselves alone occasioned Seventhly It must of necessity be granted that for any King to levie warre against his Subjects unlesse upon very good grounds of Law and conscience and in case of absolute necessity when there is no other remedy left is directly contrary to his very Oath and duty witnes the Law of King Edward the Confessor cap. 17. and Coronation Oathes of all our Kings forementioned To keepe PEACE and godly agreement INTIRELY ACCORDING TO THEIR POWER to their people Contrary to all the fundamentall Lawes of the Realme and the Prologues of most Statutes intirely to preserve and earnestly to indeavour the peace and welfare of their peoples persons goods estates lawes liberties Contrary to the main tenor of all Sacred Scriptures which have relation unto Kings but more especially to the 1 Kings 12. 21. 23. 24. and 2 Chron. 11. 1. 2. Where when King Rehoboam had gathered a very great army to fight against the ten Tribes which revolted from him for following his young Counsellors advice and denying their just request and crowned Ieroboam for their King

of them did Or any other of their company or of their ayde or of their adherents or of any of them or touching the Assemblies Ridings Appeales and Pursuites aforesaid * As a thing made to the Honour of God Salvation of the King maintenance of his Crowne and also of the Salvation of all his Realme therefore doubtlesse no Treason Rebellion nor any offence in point of Law and also to Ordaine and Stablish that the said Duke of Glocester Earles of Darby Arundell Warwicke and Marshall nor none of them nor none of such as have beene of their returne or company force ayde or councell or any of them in the things aforesaid nor none other person for any thing aforesaid shall be impeached molested or grieved at the suite of the king nor of the party nor in other manner because of any assembly riding beating levying of Penons or of Banners discomfiture death of a man imprisonment of any person taking leading away or detinue of any horses or of any other beasts taking or carriage of goods harnesse armour cattle and other ●ovable goods breaking of houses or of other possessions or goods assault battery robberies thefts comming or tarrying with force and armes or armed in the Kings presence at the Parliament or Councell or else where Raysing of people or exciting the people to rise forcibly against the peace by letters commissions or any other deeds or of any other thing that may be furni●hed by them or any of them or ought or purposed to have beene done from the beginning of the world touching any of the said matters before the end of this present Parliament by any imagination interpretation or other colour but shall bee quit and discharged for ever except that the King be answered of all the goods and cattels that were to them which be attainted in this present Parliament or to any of them and which goods and things were taken by any person the first day of January last past or after hitherto We considering the matter of the said Petition to be true and the request of the said Commons in this party to be to the honour of God and the profit of us and our Realme of the assent of the Prelates Dukes Earles Barrons and all others of this present Parliament doe garnt the requests of the said Commons in all points after the forme of the said Petition And moreover of the assent aforesayd we will and grant for the greater quietnesse of our said Realme though that the said Duke or Earles appellants or any other of their company retinue force ayde councell or adherents or any of them have taken led away or withholden any of our Iusticers or any other of our ministers in disturbance of execution of the Law of our Realme of England or in other manner or that they have taken any manner of person as Traitors to Us or to our Realme or other person and the same have voluntarily suffered to goe at large or escape beyond the sea from the 14 th day of Novemb. last past till the end of this present Parliament that they nor any of them be for this cause impeached molested nor grieved any manner of way at the suite of us our heires nor none other party but thereof they shall be quit and discharged for ever nor that they nor any of them be in any wise molested grieved nor impeached at the suite of us our heires or other party for any thing done at any time for to attaine to their purpose against the said appealers or any of them or against any other person for this cause nor for any other thing or deed to affirme the same purposes till the end of this present Parliament but thereof shall be acquitted This Act with others made the same Parliament continued inviolable without dispute for 10 yeers space during w ch there were 8. more Parliaments held w ch approved it but in 21 R. 2. the King having violently seised upon the Duke of Glocester the Earles of Warwicke and Arundell and packed a Parliament to his minde by not summoning any Lords thereto but those o● his party by causing divers Knights and Burgesses of his own nomination never chosen by the people to be returned in divers places and overawing the rest with a guard or 4000. Cheshire Archers caused these Lords to be illegally attainted of Treason upon fained pretences out of this old grudge and the Acts of this Parliament to be reversed yet not this Act as I conceive which is part of it being specially saved by 21. R. 2. c. 13. But however by the statute of 1 H. 4. c. 3. 4. the Parliament of 21. was wholly repealed reversed revoked voyded undone and anulled for ever with all the Acts circumstances and dependants thereof and this Parliament of 11. R. 2. Enacted to be firmely holden and kept after the purport and effect of the same as a thing made for the great Honour and common profit of the Realme and ch 5. It is ordained and assented that the Lords and other which were forejudged in the Parliament holden the said 21. yeare or by Authority of the same which now be in life and the heires of the Lords and others that be dead shall be wholly restitute and restored to their names all manner of inheritaments and possessions reversions fees reversions offices liberties and franchises as intirely as the said Lords and others which be in life or the Lords and other which be dead ancestors of the heires or the feoffees of the said Lords or other aforesaid or other feoffees to their use were at the time of the judgement given against them the said 21 yeare by entrie without other suite thereof to be made or livery to be had of the same And all the goods and chattels which were the said Lords or the other persons aforesaid so forejudged whereof the king is not answered and be in the hands of the Sheriffes Escheators or other Officers Ministers or any other and concealed by them the king wills and granteth that the same Lords and other which now be in life and the Executors and administrators of them that be dead shall have thereof delivery and restitution and that the Sheriffes Escheators Officers and Ministers so occupying the said goods and chattels by such concealment bee punished for the same concealement So that by the expresse resolution of these two severall Parliaments these Lords and Commons taking up defensive Armes and making war against those wicked Councellours of this King which sought their ruine and endeavoured the destruction of the Realme though they had the kings presence and commissions to countenance all their actions and proceedings of this nature and the Lords wanted the Ordinances of both houses to authorize this their arming and war was solemnely declared and adjudged to be no Treason nor Rebellion at all nor levying of warre against the king within the statute of 25. E. 3. but contrarywise a thing done to

MAN not God as I have formerly proved them to be If so I then appeal to the consciences of our fiercest Antagonists whether they do beleeve in their consciences or date take their Oathes upon it That ever any people or Nation in the world or our Ancestors at first did appoint any Kings or Governours over them to subvert Religion Laws Liberties or intend to give them such an unlimited uncontroulable Soveraignty over them as not to provide for their own safety or not to take up Arms against them for the necessary defence of their Laws Liberties Religion Persons States under pain of high Treason or eternall damnation in case they should degenerate into Tyrants and undertake any such wicked destructive designe If not as none can without madnesse and impudence averre the contrary it being against all common sence and reason that any man or Nation should so absolutely irresistably inslave themselves and their Posterities to the very lusts and exorbitancies of Tyrants and such a thing as no man no Nation in their right sences were they at this day to erect a most absolute Monarchie would condescend to then clearly the Apostle here confirming onely the Ordinances of men and giving no Kings nor Rulers any other or greater power then men had formerly granted them for that had been to alter not approve their humane Ordinances I shall infallibly thence inferre That whole States and Subjects may with safe conscience resist the unjust violence of their Kings in the foresaid cases because they never gave them any authority irresistably to act them nor yet devested themselves much lesse their posterity whom they could not eternally inslave of the right the power of resisting them in such cases whom they might justly resist before whiles they were private men and as to which illegall proceedings they continue private persons still since they have no legall power given them by the people to authorize any such exorbitances Fourthly The subjection here enjoyned is not passive but active witnesse ver 15. For so is the will of God that by WELL DOING to wit by your actuall cheerfull submission to every Ordinance of man for the Lords sake c. you put to silence the ignorance of foolish men as free and not using your liberty c. If then this Text be meant of active not passive obedience then it can be intended onely of lawfull Kings of Magistrates in their just commands whom we must actually obey not of Tyrants and Oppressours in their unjust wicked proceedings whom we are bound in such cases actually to disobey as our Antagonists grant and I have largely evidenced elsewhere Wherefore it directly commands resistance not subjection in such cases since actuall disobedience to unjust commands is actuall resisting of them And that these Texts prescribing resistance tacitely should apparantly prohibit it under pain of Treason Rebellion Damnation is a Paradox to me Fifthly This Text doth no way prove that false conceit of most who hence conclude That all Kings are the Supream Powers and above their Parliaments and whole Kingdoms even by Divine institution There is no such thing nor shadow of it in the Text. For first This Text calls Kings not a Divine but Humane Ordinance If then Kings be the Supreamest Power and above their Parliaments Kingdoms it is not by any Divine Right but by Humane Ordination onely as the Text resolves Secondly This Text prescribes not any Divine Law to all or any particular States nor gives any other Divine or Civill Authority to Kings and Magistrates in any State then what they had before for if it should give Kings greater Authority and Prerogatives then their people at first allotted them it should alter and invade the settled Government of all States contrary to the Apostles scope which was to leave them as they were or should be settled by the peoples joynt consent It doth not say That all Kings in all Kingdoms are or ought to be Supreame or let them be so henceforth no such inference appears therein It speaks not what Kings ought to be in point of Power but onely takes them as they are according to that of Rom. 13. 2. The Powers that ARE c. to wit that are even now every where in being not which ought to be or shall be whence he saith Submit to the King as supreame that is where by the Ordinance of man the King is made supreame not where Kings are not the supreamest Power as they were not among the ancient Lacedemonians Indians Carthaginians Gothes Aragonians and in most other Kingdoms as I have elsewhere proved To argue therefore We must submit to Kings where the people have made them supreame Ergo All Kings every where are and ought to be supreame Jure divino as our Antagonists hence inferre is a grosse absurdity Thirdly This Text doth not say That the King is the supreame soveraigne Power as most mistake but supreame Governour as the next words or Governours c. expond it and the very Oath of Supremacie 1. Eliz. Cap. 1. which gives our Kings this Title Supreame Governour within these his Realms Now Kings may be properly called Supreame Magistrates or Governours in their Realms in respect of the actuall administration of government and justice all Magistrates deriving their Commissions immediately from them and doing justice for and under them and yet not be the Soveraign Power as the Romane Emperours the Kings of Sparta Arragon and others the German Emperours the Dukes of Venice in that State and the Prince of Orange in the Nether-lands were and are the Supreame Magistrates Governours but not the Supreame Severaigne Powers their whole States Senates Parliaments being the Supreamest Powers and above them which being Courts of State of Justice and a compound body of many members not alwayes constantly sitting may properly be stiled The Supreame Courts and Powers but not the Supreame Magistrate or Governour As the Pope holds himself the Supreame Head and Governour of the Militant Church and the Arch-Bishop of Canterbury stiles himself the Primate and Metropolitane of all England and so other Prelates in their Provinces yet they are not the Soveraigne Ecclesiasticall Power for the King at least Generall Councells or Nationall Synods which are not properly tearmed Governours but Power are Paramount them and may lawfully censure or depose them as I have elsewhere manifested To argue therefore that Kings are the highest Soveraign Power because they are the highest particular Governours and Magistrates in their Realms as our Antagonists do is a meer Fallacie and Inconsequent since I have proved our own and most other Kings not to be the highest Powers though they be the Supreamest Governours Fourthly This Text speaks not at all of the Romane Emperour neither is it meant of him as Doctour Fern● with others mistake who is never in Scripture stiled a King being a Title extreamly odious to the Romanes and for ever banished their State with