as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Iewels without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carried the Iewels Plate and Treasure of the kingdome over the Sea into Ireland to the great impoverishing of the Realme And all the good Records for the Common-wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the Realme and profit of the King the said King so menaced them with sore threatnings that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Princes hands and at his disposing Item He craftily devised certaine privie Oathes contrary to the Law and caused divers of his Subjects first to be sworne to observe the same and after bound them in bonds for the firmer keeping of the same to the great undoing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times let wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth by the same Parliament which continued notwithstanding Richards deposition who summoned it was created King who in the first Parliament of his Raigne reversed and annulled as illegall the Parliament of 21 Richard 2. with all its Acts Circumstances and dependants and revived that of 11 Richard 2. in all points as made for the great honour and common profit of this Realme To these I might adde the Rebellious insurrections of Richard Scroope Arch-bishop of Yorke the Earle of Northumberland and their Complices against King Henry the fourth Anno 1405. to reforme the State and government relieve the Church and Common-weale and Depose King Henry in and by a forced Parliament The insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forests and other immunities of Church and Common-wealth which they would force him to confirme the severall insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vâ—lgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new onâ—es of their nomination to ratifie what propositions they required and subvert the government of the Realme with the severall Rebellions of the Popish Lincolneshire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the eighth his raigne Of the Cornish men Norfolke men Kent and others in Edward the sixth his Rule of the Popish Earles of Northumberland Westmorland and other Northerne Papists in Queene Elizabeths dayes by force of Armes to compell these severall Princes to summon Parliaments to repâ—ale all Lawes against Masse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demanded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both Houses representing the whole kingdome and against the generall consent of the people But I shall conclude with one ancient precedent more in one of our best Kings reignes In 25 E. 1. The Lords and Commons in Parliament grievoâ—sly complained and Petitioned to the Kingâ—against divers taxes tallages and prisages wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forest the imposition upon Wools and their summons to goe with him into Flanders to which they were not bound by Law The king excusing these taxes by reason of his necessity to maintaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barons of the Eschequer not to â—evie the eighth penny of the people granted to the King at Saint Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the king should confirme Magna Charta and Charta de Foresta with the other Articles to them annexed that he should exact and take â—o â—o aides taxe or tallage from the Clergy or Commons without their commoâ— consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeare of all those who should transgresse this Charter of his For which the Laity gave him the ninth and the Clergy the tenth penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his reign after some delaies he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-summoning them at quindena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to three Bishops three Earles and three Barons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope hereupon the king holding a Parliament at Stamford the 29. of his reigne the Lords and Barons repaired thither with great store of horses and Arms with a purpose to extort a full execution of the Charter of the Forests hitherto deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixthly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull summons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publike affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great Councels of Basil Constans and divers Popish Writers that a generall Councell once lawfully summoned by the Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution these Councels continued together and deposed sundry Popes notwithstanding
declinat ad injuriam Dicitur enim Rex à bene regendo non à regnando quia Rex est dum bene regit Tyrannus dum populum sibi creditum violenta opprimit dominatione Temperet igitur potentiam suam per legem quae fraenum est potentiae quod secundum leges vivat quia hoc sanxit Lex humana quod leges suum ligent latorem alibi in eadem Digna vox Majestate regnantis est legibus alligatum se Principem profiteri Item nihil tam proprium est imperii quam legibus vivere Et majus imperio est legibus submittere principatum merito debet retribuere legi quia Lex tribuit ei facit enim Lex quod ipse sit Rex Item cum non semper oporteat Regem esse armatum armis sed legibus addiscat Rex sapientiam conservet justitiam All which is notably seconded by Judge Fortescue De Laudibus Legum Angliae c. 9. tâ— 15. worthy any Princes serious perusall And thus doing neither he nor his Posterity need feare this Supream prerogative power of Parliaments which hath laine dead and buryed for many ages Et pereat positum rubigine telum 11. All Papists attribute farre more divine authority and Soveraigne Iurisdiction over Emperours Kings Princes Kingdomes Subjects to the Pope their Lord and God whom they make the Supreame Monarch of the World and all kingdomes in it and give him greater authority to summon ratify and dissolve generall Councels then ever any Christian King or Emperour challenged or usurped yet those who maintaine these Paradoxes of the Popes Supremacy confesse that a Generall Councell is above the Pope and may upon just cause though they all plead his Soveraignety to be jure divino and his person most sacred terming him his Holinesse in the abstract not onely convent and censure the Pope for his misdemeanâ—urs but likewise actually depose him and set up another in his stead as the Councels of Pisa Constans Basil which deposed foure Popes namely Gregory the 12. Benedict the 13. Iohn the 23. and Eugenius the fourth the Councell of Chalcedon against Pope Leo the Councell of Sinuessa against Pope Marcellinus the sixth seventh and eighth generall Councels against Honorius the Councels of Wormes and Brixia against Hildebrand the Councell of Pisa summoned An. 1511. of purpose to depose Pope Iulius for his perjury experimentally manifest and sundry popish Writers acknowledge Now the Councell of Basil as I shewed before defined That the whole Kingdome or Parliament hath as great power over their Kings as a Councell hath over the Pope Therefore by Papists verdicts they are above the King in point of Soveraigne power as a Councell is above the Pope which Iohn Mariana de Rege Regis Instit. l. 1. c. 3. to 10. professedly proves at large 12. That Court which may lawfully censure question depose banish execute the Kings greatest Favorites Officers Judges yea Lord Protectors themselves the highest Peeres of the realme notwithstanding such are said to be Gods Ordained of God Gods Ministers To decree iudgement by God to be the higher powers c. in Scripture as well as Kings and that not onely with but against the Kings good will must questionlesse be the highest power and jurisdiction in the realme else the Kings and their Authorities might protect them against its Justice But the Parliament may lawfully censure question depose banish execute all or any of these not onely without but against the Kings consent witnesse the proceedings in Parliament against Willam Longchamp Bishop of Ely Chiefe Justitiar Lord Chancellor and Vice-roy of England in Richard the first his reigne during his absence in the Holy Land from which offices he was by the Peeres and Commons deposed for his misdemeanour and oppressions Pierce Gaveston and the two Hugh Spencers in Edward the seconds reigne of banished by Parliament and violently put to death though the Kings highest Officers and darling Minions Michael De la pole with other great Officers and Favourites to King Richard the second condemned deprived of their Offices banished and executed by the Peeres in Parliament together with Treâ—ilian Belknap and their fellow Judges who misadvised him in point of Law Humphrey Duke of Glocester protector to king Henry the sixt arrested of high Treason in a Parliament at Bury and there murdered Cardinall Wolsey that powerfull favourite to king Henry the eight accused and put from his Chancellorship and other Offices by the Parliament The Duke of Sommerset Lord protector to King Edward the sixt accused and attainted of high Treason in Parliament for which he lost his head the great Earle of Strafford Lord Deputy of Ireland who lost his head this Parliament for Treason full sore against his Majesties and the Queenes wills with infinite others mentioned in our stories and records Nay Queenes themselves have undergone the censures of Parliament of which we have sundry precedents in king Henry the eight his reigne not onely to divorce but losse of their very heads and shall any Delinquent then thinke to be protected by any power against the Parliaments justice now 13. Not to menion the Parlaments power and jurisdiction even in reforming the excesses and abuses of the kings owne meniall servants and of the extraordinary traine and expences of the Kings owne Court and gifts for which I finde these following Presidents with others collected by Mr. William Noy himselfe as is reported his Majesties late Atturney Generall An. 1634. in a Manuscript entituled A Declaration c. passing under his name Anno 3 Ed. 3. the houshould was reformed by the petition of the people An. 1 R. 2. the houshold was brought to such moderation of expense as may be answerable to the revenue of the Crown in and by Parliament Anno. 5 6 R. 2. the Commons petition was that the excessive number of the Kings meniall servants may be remedied or else the realme would be utterly undone and that his houshould might not exceed the ordinary revenue of the realme Anno 4 H 4. the people crave a reformation of the Kings house Anno 7. that he would dismisse some number of the retinue since it was now more chargeable and lesse honourable then his progenitors and that the ancient Ordinances of the houshold in â—ase of the people might be kept and the Officers of the houshold sworne to put the Ordinances and Statutes in due execution and to consider the griefes of his Subjects by unjust purveyance contrary to the Statute that hereafter he might live OF HIS OWNE GOODS IN EASE OF HIS PEOPLE Which the King willingly doth as appeareth by an Ordinance in Counsell whereby the charge of the houshold is limited to 16000. markes Anno 12 18 H. 6. the charge of the Kings house is reduced to a certainty lessened by petition and order in Parliament Anno 12 E 4.
the King in Parliament promiseth to abate his houshold and hereafter to live upon his owne so setling a new forme of his Court which is extant in many hands and intituled Ordinations for the Kings house Anno 3 E. 2. an Ordinance was made for the Kings houshold in ease of the Kings people oppressed with purveyance by reason of the greatnesse thereof and the motive of that Ordinance was to the honour of God and profit of holy Church and to the honour and profit of the King and the benefit of his people according TO RIGHT AND REASON AND THE OATH WHICH OUR LORD THE KING MADE AT THE BEGINNING of His Raigne Thus R. 2. did discard the Bohemians Anno 10. by an act of Parliament at the peoples petition surcharged by them Thus H. 4. did with the Gascoignes and Welsh in like sort overburdening and impoverishing the King and Realme with perpetuall suits so that in Court as the Record saith there were no men almost of substance or valiant persons as there ought to be but rascals for the greater part Hence was it that the wisedome of former times foreseeing the mischiefe the open hand of the Soveraigne might bring the state into made a Law 11 R 2. that whatsoever commeth to the King by judgement escheat forfeiture wardship or in any other waies shall not be given away and that the procurer of any such guift shall be punished This Law the Parliament continued 7 H. 4. untill the King was out of debt making frustrate the grants of these and ordaining a penalty of double value to every mover or procurer of such grants The like in Anno 11 H. 4. and that no Petition for any thing should be delivered to the King but in presence of the Councell who might examine it lest that the Kings wants should light upon the Commons And to keep the hand of H. 6. from wastfull giving the Councell enduced him to convey to the Archbishop of Canterbury and others all profits of wards marriages reliefes escheats and forfeitures to defray the charge of his house It is one of the greatest accusations in Parliament against the Duke of Sommerset for suffering the King to give away the possessions and profits of the Crown in manner of a spoile for so are the words of the Record And it was the first and chiefest Article to depose R. 2. for wasting and bestowing the Lands and the revenue of the Crowne upon unworthy persons and thereby overcharging the Commons with exactions Nor yet to mention the Parliaments Soveraigne Power and Jurisdiction in making or proclaiming Warre or Peace in which they have oft times not onely advised but overswayed the King in creating the highest Officers in ordering the Militia of the Kingdome by Sea and Land by setled Lawes of which more anon or in ordering the Coyne and Money of the Land together with the Mint or designing how the Subsidies and Aydes granted by them to the King shall be disposed of to the Kingdomes use of which there are sundry presidents All which together with the Acts concerning his Purveyance Pardons Charters Grants and all Revenues Royall are strong u evidences of its Soveraigne Authority Nor yet to remember that inâ—allible Argument to prove Kingdomes greater and more valuable then Kings that Kings as publique servants to their Realmes ought to hazzard their lives for their Kingdomes safety and preservation as many have done in warres against enemies but never ought the whole Kingdome to be lost or hazzarded to preserve the Kings Prerogatives that of Iohn 11. 48 49 50. and chap. 1814. being an undoubtted rule in Divinity and Policy That it is expedient that any one man though a King yea Christ the King of Kings should die for the people that the whole Nation perish noâ— rather then the whole Nation die for him Priorque mihi potior ejus officii ratio esâ— quod humano generi quam quod uni hominum debeâ— as Seneca de Benefic l. 7. Gentilis de Iure Belli l. 1. c. 16. resolve from the light of nature and common reason I shall onely adde this important consideration to illustrate this obscured truth It can hardly seeme probable much lesse credible that any free people whatsoever when they voluntarily at first incorporated themselves into a Kingdome and set up an elective or hereditary King over them would so absolutely resigne up their Soveraigne popular â—riginall authority power and liberty to their Kings their heires and successors for ever as to give them an absolute irrevocable uncontroulable Supremacy over them superiour to irrestrainable irresistable or unalterable by their owne primitive inherent Nationall Soveraignety out of which their regall power was derived For this had been to make the Creator inferiour to the Creature the Parent subordinate to the Child the Derivative greater then the Primitive the Servant for Princes are but their Kingdomes publique Ministers more potent then the Master of Freemen to have made themselves and their Posterity absolute slaves and vassals for ever and in stead of a Principality intended only for their greater safety and immunity to have erected a Tyranny to their perpetuall irremediable Oppression and slavery A most brutish sottish inconsiderate rash action not once to be imagined of any people quite contrary to the practice of the Lacedemonians Romans Germans Aragonians and most other Nations who still reserved the Soveraigne power to themselves and never transferred it to their kings or Emperours who were ever subject to their jurisdictions and censures too as I shall manifest at large in the Appendix no absolute Monarchy being ever set up in the world but by direct Tyranny and Conquest as Cassanaeus in his Catalogus Gloriae Mundi pars 5. Consid. 1. manifests at large not by the peoples free election and consents And had our Ancestors or any other Nations when they first erected Kings and instituted Kingly government been demanded these few questions Whether they meant thereby to transferre all their Nationall authority power and priviledges so farre over unto their Kings their heires and successors for ever as not still to reserve the supremest power and jurisdiction to themselves to direct limit restrain their Princes supremacy the exorbitant abuses of it when they should see just cause or so as not to be able ever after to alter or diminish this form of government upon any occasion whatsoever Or if their King should turne professed tyrants endeavouring to deprive them against all right and justice of their Lives Goods Liberties Religion Lawes or make open warres upon them to destroy them or bring in forraigne enemies upon them to conquer or subject them to a forraigne power without their free consents that yet they should patiently submit themselves to these their unnaturall tyrannicall destructive proceedings without any the least resistance of them by necessary defensive Armes or calling theÌ„ to account for these grosse
Plundering Cavalliers once come to a legall triall a Gallows will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallel especially if they persevere therein But of this more hereafter Sixthly Hence likewise it necessarily follows that the Houses of Parliament being the Soveraign Power ought of right to enjoy and may when they see just cause for the Kingdoms safety and benefit order the Militia Navy Ports Forts and Ammunition of the Realm and dispose of them into such persons custodies as they may safely conâ—ide in nominate and elect both the great Counsellers publike Officers and Judges of the Kingdom of right require if not enforce if wilfully denied the Kings Assent to all publike Bils of Right and Justice necessary for the Common-weal and safety of his Subjects in which the King hath no absolute Negative voice take up defensive Arms to protect their Priviledges Laws Liberties and established Religion not onely against Malignants and Popish Recusants but the King himself if he raise Forces against them make war upon them against his Royall Oath and duty declaring himself an open enemy to his Parliament and kingdom That they may lawfully in case of present ruine and danger without the Kings concurrence when he shall separate himself wilfully from or set himself against them which the Estates of Aragon held A WICKEDNESSE in their King Alfonso the third impose taxes on the Subject and distrain their goods imprison confine secure their persons for the publike safetie when they deem it absolutely necessary All which with other particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I trust undeceive the blinded world and convince if not satisfie the greatest Royallists Papists Malignants both in point of Law and Conscience in the next parts of this Discourse Errata and Omissions in some Copies Page 15. l. 43. for Lawes read Courts p. 40. l. 22. consâ—nts may be dissolv by their consents p. 49. l. 44. dele and p. 51. l. 20. Eleventhly r. Eighâ—hly Finis Partis Primae THE SOVERAIGNE POVVER OF PARLIAMENTS KINGDOMES OR Second Part of the Treachery and Disloialty of Papists to their Soveraignes Wherein the Parliaments and Kingdomes Right and Interest in and Power over the Militia Ports Forts Navy Ammunition of the Realme to dispose of them unto Confiding Officers hands in these times of danger Their Right and Interest to nominate and Elect all needfull Commanders to exercise the Militia for the Kingdomes safety and defence As likewise to Recommend and make choise of the Lord Chancellor Keeper Treasurer Privy Seale Privie Counsellors Iudges and Sheriffes of the Kingdome When they see just Cause Together with the Parliaments late Assertion That the King hath no absolute Negative Voice in passing publicke Bills of Right and Iustice for the safety peace and common benefit of his People when both Houses deeme them necessary and just are fully vindicated and confirmed by pregnant Reasons and variety of Authorities for the satisfaction of all Malignants Papists Royallists who unjustly Censure the Parliaments proceedings Claimes and Declarations in these Particulars Judges 20. 1. 2. 8. 9. 10. 11. Then all the Children of Israel went out and the Congregation was gathered together as one man from Dan even to Beersheba c. And ALL THE PEOPLE arose as one man saying We will not any of us go to his Tent neither will we any of us turne into his House But now this shall be the thing that we will doe to Gibeah We will goe up by lot against it And we will take ten men of an hundred throughout all the Tribes of Israel and an hundred of a thousand and a thousand out of ten thousand to fetch victualls for the people that they may doe to Gibeah according to all the folly that they have wrought in Israel Judges 11. 5. 6. 11. And it was so when the children of Ammon made warre against Israel the Elders of Gilead said unto Iepthah Come and be our Captaine that we may fight with the children of Ammon c. Then Iepthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD AND CAPTAINE OVER THEM â— â—â—m 18. 3â— 4. And the King said unto the people WHAâ—â—â—â—EMETH YOV BEST I WILL DOE Jer. 38. 4. 5. Then Zedechiah the King said unto the Princes Behold he is in your hand FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOV It is this 28 th day of March 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke intituled The Soveraigne power of Parliaments and Kingdomes be forthwith Printed by Michael Sparke Senior Iohn White Printed at London by I. D. for Michael Sparke Senior 1643. To The Reader COurteous Reader our usuall Proverbe concerning Science That it hath no enemies but Ignorants is in a great measure now verified concerning the Proceedings of this present Parliament that few or none malignantly clam or against them but such who are in a great degree Ignorant of our Parliaments just Saveraigne Authority though many of them in their own high-towring conceits deeme themselves almost Omniscients and wiser than an hundred Parliaments compacted into one Among these Anti-parliamentall Momusses there are none more outragiously violent Papists onely excepted in exorbitant Discourses and virulent Invectives against this Parliaments Soveraigne power Priviledges Orders Remonstrances Resolutions then a Company of seemingly Scient though really inscient selfe-conceited Court-Doctors Priests and Lawyers who have so long studied the Art of flattery that they have quite forgot the very Rudiments of Divinity Law Policy and found out such a Divine Legall unlimited absolute royall Prerogative in the King and such a most despicable Impotencie Inanity yea Nullity in Parliaments without his personall presence and concurrence with them as was never heard of but in Utopia if there and may justly challenge a Speciall Scene in the next Edition of Ignoramus What God himselfe long since complained off My people are destroyed for lacke of knowledge may now be as truly averred of the people of England seduced by these blinde Guides or over-reached by Iesuitically Policies they are destroyed for want of knowledge even of the Kings just circumscribed Prerogative of the Parliaments Supreame unlimited Authority and Unquestionable Priviledges of their owne Haereditary Liberties and Native Rights of the Law of God of Nature of the Realme in the points now controverted betweene King and Parliament of the Machivilian deepe Plots of Priests and Papistâ— long since contrived and their Confederacies with forraign States now visibly appearing by secret Practises or open violence to set up Popery and Tyranny throughout our Realmes at once and by false pretences mixt with deceitfull Protestations to make our selves the unhappie Instruments of our Kingdomes slavery our Lawes and Religions utter ruine The Ignorance or Inadvertency of these particulars coupled
with a Popish blinde Obedience to all royall Commands though never so illegall out of an implicit Faith that what ever the King Commands though against the expresse Lawes of God and the Realme and Resolutions of both Houses of Parliament may and ought to be obeyed 〈…〉 as some new Doctorâ— teach hath induced not onely many poore Ignorant English and Welsh silly soules but likewise sundry Nobles and Gentlemen of quality very unworthily to engage themselves in a most unnaturall destructive warre against the High Court of Parliament and their Dearest Native Country to their eternall infamies and which is almost a miracle to consider to joyne with the Iesuiticall Popish Party now in Armes both in England and Ireland and some say under the Popes owne Standard not onely to subvert their owne Lawes and Liberties but the very Protestant Religion here estabished which they professe they fight for In this deplorable warre many thousands have beene already destroyed and the whole Kingdome almost made a desolate wildernesse or like to be so ere this Spring passe over and all onely for want of knowledge in the premises which would have prevented all those Miseries and Distractions under which we now languish almost to desperation and death it selfe To dissipate these blacke Clouds of Egyptian Darkenesse spread over all the Land distilling downe upon it in showres of Blood insteed of Aprill drops of raine and I pray God they make not all our May-flowers of a Sanguine dye I have after a long sad Contemplation of my deare Countries bloody Tragedies at the speciall Request of some Members of Parliament according to my weake Ability and few Houres vacancy from other distracting Imployments hastily compiled this undigested ensuing Fragment with the preceding Branch thereof and by their Authority published that in dismembred Parts which by reason of its difficultie to the Printers urgencie of present publike affaires now in agitation I was disabled to put forth together with the remaining member in one intire Body as I desired Be pleased therefore kindly to accept that in Fractions for the present which time onely must and God-willing speedily shall compleat which by Gods blessing on it may prove a likely meanes to comprimise our present Differences and re-establish our much-desired Peace together with our Religion Lawes Liberties in their Native purity and glory the very Crownes and Garlands of our Peace Peace accompained with Slavery and Popery both which now menace Us being worse then the worst of Warres and an honourable death in the field fighting against them better by farre then a disconsolate sordid slavish life or a wounded oppressed Conscience though in a royall Pallace under them From such a disadvantageous enslaving ensnaring unwelcome Peace Good Lord Deliver Us. All I shall adde is but this request A Charitable Construction of this meane Service for my Countries Liberty Tranquility Felicity and if thou or the Republicke reap any benefit thereby let God onely enjoy thy Prayses the Author thy Prayers And because I have walked in an untrodden path in all the Parts of this Discourse Si quid novisti rectius istis Candidus imperti si non his uteremecum THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES HAVING answered in the former Part the Grand Objection against the Parliaments Soveraigne Power I shall in this proceed to the particular crimes now objected against it The second grand complaint of his Majesty and others against the Parliament is That both Houses by a meere Ordinance not onely without but against the Kings assent have unjustly usurped the power of the Militia a chiefe flower of the Crowne and in pursuit thereof not onely appointed Lieutenants and other Officers to muster the Trained Bands in each County but likewise seised the Ports Forts Navy and Ammunition of the King together with his Revenues to regaine all which his Majesty hath beene necessitated to raise an Army and proceed against them in a Martiall way This unhappy difference about the Miâ—itia being next to the Introduction of Popery the spring from whence our uncivill warres have issued and the full discussion thereof the most probable meanes to put a speedy period to them I shall with as â—uch impartiality and perspicuity as I may like a faithfull Advocate to my Country and cordiall indifferent well-wisher both to King and Parliament truely state and debate this controversie beginning with the occasions which first sâ—t it on foote In the late happily composed Warre betweene England and Scotland occasioned by the Prelates divers Counties of England were much oppressed by their Lieutenants with illegall Levies of Souldiers Coat and Conduct money taking away the Trained Bands Armes against their consents and the like for which many complaints were put up against them to this Parliament many of them voted Delinquents unfit for such a trust and all their Commissions resolved to be against Law so that the Militia of the Realme lay quite unsetled Not long after our Northerne Army against he Scots the pacification being concluded was by some ill instruments laboured to march up to London to over-awe or dissolve the Parliament and quash the Bill against the Bishops sitting in the House Which plot being discovered and the chiefe Actors in it flying over-sea ere it tooke effect made the Parliament jealous and fearefull of great dangers if the Command of the Forces of the kingdome then vacant should be continued in ill-affected or untrusty Officers hands which distrusts and feares of theirs were much augmented by the suddaine generall rebellion of the Papists in Ireland who pretended his Majesties and the Queenes Commissions for their warrant by his Majesties unexpected accusation of and personall comming with an extraordinary Guard into the House of Commons to demand the five Members of it whom he charged with high Treason by his entertaining of divers Captaines as a supernumerary Guard at White-hall and denying a Guard to the House by the Earle of New-castles attempt to seise upon Hull and the Magazine there by command by the Lord Digbies advise to the King to retire from the Parliament to some place of strength by the Reports of Foraine Forces prepared for England through the solicitation of those Fugitives who had a finger in the former plots and by the Queens departure into the Netherlands to raise a party there Hereupon the Parliament for their owne and the kingdomes better security in the midst of so many feares and dangers threatned to them importuned his Majesty to settle the then unsetled Militia of the kingdome by a Bill for a convenient time and seeing the King himselfe could not personally execute this great trust but by under-under-officers by the same Bill to intrust such persons of quality and sincerity nominated by both Houses and approved by the King as both his Majesty Parliament and kingdome might securely confide in to exercise the Militia and keepe the Forts Magazine and Ammunition of the kingdome under him onely as
by the Free-holders and put in their roomes divers of his owne Minions subverting the Law contrary to his Oath and honour In the yeare 1261. The Barons by vertue of an Ordinance of Parliament made at Oxford in the 45 yeare of Henry the third admitted and made Sheriffes of divers Counties in England and named them Guardians and Keepers of those Counties and discharged them whom the King had before admitted After which great tumults and seditions arose throughout the Counties of England about the Sheriffes for the King making new Sheriffes in every County and removing with regall indignation those to whom the custody of the Counties was committed by the Barons and Commons of the Land the Inhabitants of the Counties animated with the assâ—stance and ayded with the Counsell of some great men of the Realme by whom they were instructed with great sagacity Novos râ—pulere viriliter Vicecomites manfully repulsed the new Sheriffes Neither would they answer regard or obey them in any thing Whereat the King being grievously troubled in mind to gaine the peoples devotion fidelity directed his Letters to all the Inhabitants of the several Counties of England moving to piety tending to regaine the Subjects love Wherupon great discord increased betweene the King and his Barons who comming to London with great forces the King finding himselfe too weak ended the matter for the present with a fained Accommodation which soone after was infringed by him and so Conquievit tandem per internuncios ipsa perturbatio SUB SPE PACIS reformandae sine strepitâ—â— guerrae quorundum Procerum ad hoc electorum considerationibus parte utraque concorditer inclinata Sicque Baronum omnis labor atque omne studium praecogitatum diu QUORUNDAM ut putabatur ASTUTIA INTERMIXTA cassatum est ad hoc tempus emarcuit quia semper nocuit differre paratis writes Matthew Westminster Notwithstanding these contests the people still enjoyed the right of electin Sheriffes which is evident by the Statute of Articuli super Chartas in the 28. yeare of King Edward the first c. 8. The King granteth to the people not by way of grace but of Right that they shall have election of their Sheriffe IN EVERY SHIRE where the Shrevalty is not of Fee IF THEY LIST and chap. 13. For as much as the King hath granted the election of the Sheriffes to the COMMONS of the Shire the King will that THEY SHALL CHUSE such Sheriffes that shall not charge them c. And Sir Edward Cooke in his Commentary on Magna Charta f. 174 175. 558 559. 566. proves at large the right of electing Sheriffes to be antiently of late and at this day in many places in the Free-holders and people as in London York Bristoll Glocester Norwich in all great Cities which are Counties and in Middlesex Seeing then the Parliament and Free-holders in antient times had a just right to elect their Generals Captaines Sheriffes who had the sole power of the Militia and Counties in their hands next under the King himselfe and there is no negative Law in being that I can find to exclude them from this power I humbly conceive that their setling the Militia by an Ordinance of Both Houses and electing of Commanders Lieutenants Captaines in each County to execute it and defend the Counties from plundering and destruction without his Majesties consent especially after his refusall to settle it by an Act can be no incroachment at all upon his Prerogative Royall but only a reviving and exercising of the old undoubted rightfull power enjoyed by their Predecessors now necessary to be resumed by them in these times of feare and danger for the kingdomes safety Fifthly The Mayors Bayliffes Sheriffes chiefe Officers of Cities and Townes corporate throughoutâ— the Realme who under the King have the principall command of those Cities Townes Ports and in many places of the Militia and Trained Bands within them are alwayes chosen by the Corporations and Freemen not the King without any derogation to or usurpation on his Prerogative Why then may not those Corporations yea each County too by the like reason and the Parliament which represents them and the whole kingdome without any prejudice or dishonour to his Majesties Authority by an Ordinance of both Houses of Parliament without the King dispose of the Militia and these Military Officers for the defence of those Corporations and the Realme too now in times of such apparent danger Sixthly all Military affaires of the kingdome heretofore have usually even of right for their originall determining counselling ann disposing part 〈◊〉 Ordered by the Parliament the executive or ministeriall part onely by the King and so hath beene the use in most other kingdomes To instance in particulars First the denouncing of warre against Foraine enemies hath beene usually concluded and resolved on by the Parliament before it was proclaimed by the King as our Records of Parliament and Histories of warres in the Holy-Land Frâ—â—ce Scotland Ireland abundantly evidence King Henry the fifth by the advise of his Prelates Lords and Commons in Parliament and at their encitement twice denounced and undertooke his victorious warre against France to which Crowne he then laid claime for which end they granted him Subsidies King Edward the 1. in the 21 yeare of his Reigne calling a Parliament at London de Concilio Praelatorum Procerum c. by the advise of his Prelates Lords and Parliament denounced war against the King of France to recover his right and lands there seised Which to effect both the Clergy and Laity granted him large Subsidies In the fifth yeare of King Edward the third the warre against Scotland was concluded and resolved on in and by the Parliament all the Nobles and Commons of England telling the King they would gladly and willingly assist and goe with him in that expedition which they vigorously prosecuted Before this Anno 1227. A peace as well as war was conecâ—uded with the Scots in and by a Parliament at Northampton Anno 1242. King Henry the third summoning a Parliament and demanding ayd of his Subjects to assist him in his warre against the King of France to recover his rights there they gave him a resolute answer that they would grant him no ayde and that he should make no war with France till the Truce were expired which Matthew Paris thus further expresseth The Nobles answered him with great bitternesse of heart that he had conceived this warre and vnyage into France without their advise Et talia effrons impudenter postularat exagitans depauperans fideles suos tam frequenter traâ—ens exactiones in consequentiam quasi a servis ultimae conditionis tantam pecuniam toties extorsit inutiliter dispensandam Contradixerunt igitur Regi in faciem nolentes amplius sic pecunia sua frustratorie spoliari The King hereupon put them off till the next day Romanorum usus vertutis fallaciis and then they should heare his
some private Lords or Courtiers shall recommend in whom the Kingdome and Parliament in these jealous deceitfull times dare not confide The yeelding to the Parliament in this just request will remove all feares and jealousies restore our peace re-gaine his Majesty the reall affections of his discontented Subjects the persisting in the contrary course will but adde fuell to our flames feares doubts dangers and frustrate all hopes all endevours of Peace From the Militia it selfe I descend to the consequencies of its denyall the Parliaments seising upon Hull with other Ports and Forts the Royall Navy Ammunition Armes Revenues and detaining them still from his Majesty the grand difference now pretended whence the present warre hath emerged which these ensuing considerations will in a great measure qualifie if not altogether satisfie First his Majesty and all Royalists must necessarily yeeld that the Ports Forts Navy Ammunition Armes and Revenues thus seised on by the Parliament though his Majesties in point of possession yet are not his but the Kingdomes in point of right and interest they being first transferred to and placed on his Predecessors and himselfe by the Parliament and Kingdome not in right of propriety but conditionally upon trust his Majesty being but a publike Officer for the defence and safety of the Realme and though his Majesty came to them by descent yet it was but in nature of the Heire of a Feoffee in trust for the use and service of the kingdome as a King in his politicke not as a man or Proprietor in his naturall capacity as our Law Bookes Terminis terminantibus resolve Hence it hath been oft adjudged that the King can neither by his will in writing nor by his Letters Patents Devise or alien the Lands Revenues Jewels Ships Forts or Ammunition of the Crowne unlesse it be by vertue of some speciall Act of Parliament enabling him to doe it by the kingdomes generall consent and if any such alienations be made they are voyd in Law and may be yea have beene oft resumed reversed by the Parliament because they are not the Kings but kingdomes in point of intereâ—t and propriety the Kings but in possession and trust for the kingdomes use and defence Hence it is that if the King dye all his Ships Armes Ammunition Jewels Plate Debts to the Crowne Moneyes Arrerages of Rents or Subsidies Wards and Rights of presentments to voyd Churches goe onely to his Successors not to his Executors as in case of a common person because he enjoyes them not as a Proprietor as other Subjects doe but as a Trustee onely for the kingdomes benefit and defence as a Bishop Abbot Deane Mayor or such like Corporations enjoy their Lands not in their naturall but politicke capacities for the use and in the right of their Churches Houses Corporations not their owne Upon this ground King Harold pleaded his Oath and promise of the Crowne of England to William the Conquerour without the Kingdomes consent to be voyd and King Philip with all the Nobles of France and our owne Parliament 40 E. 3. rot Parâ— nu 8. unanimously resolved King Iohn his resignation and grant of the Crown and Kingdome of England to the Pope without the Nobles and Parliaments consents to be a meere nullity voyd in Law binding neither King nor Subject the Crowne and possessions of it being not the Kings but kingdomes And before this Anno Doâ— 1245. in the great Councell of Lyons under Pope Innocent to which King Henry the third sent foure Earles and Barons together with the English Prelates and one Master William Powyke an Advocate to complaine of the Popes exactions in the Councell which they did where they likewise openly protested against the annuall tribute extorted by the Pope by grant from King Iohn whose detestable Charter granting that annuall tribute was reported to be burnt to ashes in the Popes closet by a casuall fire during this Councell as a meere nullity and that in the behalfe of the whole kingdome of England EO QUOD DE REGNI ASSENSU NON PROCESSERAT because the kingdome consented not thereto and because the King himselfe could make no such Charter to charge the kingdome Which Matthew Paris thus expresseth W. De Poweric Anglicanae Vniversitatis Procurator assurgens gravamina Regni Angliae ex parte universitatis Angliae proponens satis eleganter conquestus est graviter quod tempore Belli per â—â—uriam Romanam extortum est tributum injuriose in quod nunquam patres Nobilium regni vel ipsi consenserunt nec consentiunt neque in futurum consentient unde sibi petunt justitiam exhiberi cum remedio Ad quod Papa nec oculos elevans nec vocem verbum non respondit Upon this reason l Matthew Paris speaking of King Henry the third his morgaging his kingdome to the Pope Anno 1251. for such monies as he should expend in the Warres useth this expression Rex secus quam deceret aut expediret Se suumque Regnum sub paena exhaeredationis QUOD TAMEN FACERE NEC POTUIT NEC DEBUIT Domino Papae obligavit Hence King Edward the third having the Title of the King and Crowne of France devolved to him which made some of the English feare that they should be put in subjection to the Realme of France against the Law the Parliament in the 14. yeare of his Reigne Stat. 4. passed a speciall Act declaring That the Realme of England never was nor ought to be in subjection nor in the obeysance of the Kings of France nor of the Realme of France and enacting that the King of England or his Heires by colour of his or their Titles to the Crowne Seale Armes and Title of the King of France should not in any time to come put the Realme of England or people of the same of what estate or condition soever they be in subjection or obeysance of him nor his Heires nor his Successors as Kings of France nor be subject nor obedient but shall be free and quite of all manner subjection and obeysance as they were wont to be in the time of his Progenitors Kings of England for ever By the Statute of 10 R. 2. c. 1. it is resolved That the King could not alien the Land Castles Ships Revenues Jewels and Goods of the Crowne and a Commission is thereby granted to inquire of and resume all such alienations as illegal Hence the Commons in the Parliament of 16 R. 2. c. 5. of Praemunire in their Petition to the King and the whole Parliament in and by that Law declared That the Crowne and kingdome of England hath been so free at all times that it hath beene in subjection to no Realme but immediately subject to God and to none other which by the prosecution of suites in the Court of Rome for Benefices provided against by this Act should in all things touching the Regality thereof be submitted to the Bishop of Rome and the Laws
and obeyed by both the Kings who granted that both their Sonnes and Heires should remaine as Prisoners and Hostages with the Barons till all things were finished according to this agreement Upon which a Peace was proclaimed in London betweene the King and his Barons Then it was agreed by the King that for his more surety and the weale of the Land the Earle of Leycester should be resient in his Court Upon which agreement many of the Prisoners were set at large In the meane while before the battaile of Lewis the Queene and King of Romans had sent over-sea for Souldiers to ayde the King against the Barons which now were come in great number unto Dover and there hovered on the Sea to have landed Whereof the Barons hearing they sent the King of Romans as Prisoner to Baâ—khamsted untill the said Almaines were returned and caused King Henry with a great power to ride to Dover and force the said Host of strangers to returne unto their Countries After which by the counsell of the Lords a Parliament was agreed and held at Westminster wherein a generall Pardon was granted to all Lords and their adherents for any matter of displeasure done to the King or his Sonne Prince Edward before that day which to uphold the King and he tooke a solemne Oath before the Lords and it was further agreed That the Prince should reside in the Kings Court and not depart thence without license of the King and of certaine Barons Then were many instruments and bonds made by the King and Prince for the performance of sundry Covenants betweene the King and Barons which shortly after tooke small effect and begat new warres this Kings fresh breaches of Oathes and promises procuring him alwayes new insurrections and forced Parliaments which the Barons constrained him to call and hold against his will How the Lords and Parliament oft seised upon the Castles Forts Ammunition in King Edward the second and Richard the seconds Reignes when differences grew betweene them I have already in part remembred and you may read the residue in the Histories of their lives In the 33. yeare of King Henry the sixth his Reigne the valiant Earle of Warwicke was made Captaine of Calice by the Parliament a place of great honour and trust in those dayes by vertue whereof all the warlike affaires and businesse rested principally in the Earle of Warwicke After which the Queene an ambitious stirring woman to breake the peace newly made and ratified by oath betweene the King Lords and Duke of Yorke created Lord Protector by the Parliament caused a fray to be made on the Earle men which produced a warre and bloody battle wherein the Earle gained the field Whereupon the King displeased with the Earle by his Letters Patents graâ—ted the Captainship of Caleyes to Iohn Duke of Summerset who going over to Caleyes in the 38. yeare of King Henry to take possession of his place shewed his Patent to the Earle who refused to resigne his place answering that he was put into it by the Parliament and so could not be outed of it but by Parliament and kept the Duke forth of the Towne who being thus expelled from his office after some skirmishes with the Earles Garrison wherein the Duke had the worst hee sent over to the King and Queene for ayde in defence of this quarrell whereupon they provided 400. warlike persons to passe the Seas for his ayde and ships to transport them who lying at Sandwich for a winde the Earle of Warwicke being therewith acquainted sent Iohn Dingham a valiant Esquire with a small number of men but a multitude of couragious hearts to Sandwich who suddainly entred the same tooke the Lord Rivers and his Sonne who commanded those Souldiers in their beds pillaged some houses and ships and besides this tooke the principall ships of the Kings Navy then lying at the Port well furnished with ordnance and artillery through the favour of the Mariners who favoured the Earle most and brought the royall ships loaden with booty and prisoners to Caleyes With these ships the Earle after passed to the Duke of Yorke into Ireland and afterwards into England where the Duke of Yorke in full Parliament laid claime to the Crowne which his Sonne after obtained deposing King Henry as having no lawfull Title thereunto I recite not this Story to justifie all particulars of it but onely to prove That the Parliament in those times had the conferring of Captaines places of greatest trust who had the command of the Militia and that as this Earle in policy onely for his owne safety seised on the Kings royall ships and Ammunition in which he had no right so by the same reason the Parliament may dispose of such places of Military trust in these times of danger and of the Navy and Ammunition of the kingdome in which they have a reall interest for the kingdomes safety and their owne A Sheriffe Iustice Constable and other Officers by the Common and Statute Law of the Land may and ought to disarme and seise any mans weapons whatsoever and imprison his person for a time when by act or apparent intention onely he shall but disturbe the peace or make any Fray Rout or Riot to the annoyance of the people till the tumult and danger be past and the peace secured Much more then may the highest Soveraigne Court of Parliament seise the Forts Armes Navy Ammunition of the Realme in which they have reall interest and secure them for a season to preserve the whole kingdomes Peace and prevent a civill Warre without any injury to his Majesty till all feares of warre and danger be removed Not to trouble you long with forraine histories of this Nature in the Roman state the chiefe power of making warre or peace of ordering of the Militia and disposing of the custody of Castles Forts Ammunition was in the Senate and people not the King or Emperour as it is in Germany and most forraine States and kingdomes at this day without any diminution to those Kings and Princes just prerogatives It is the determination of the prime Politician Aristotle seconded by Iohn Mariana and others that in lawfull kingdoms the chiefe strength power of the Militia ought to reside in the kingdomes hands not Kings who ought to have onely such a moderate power and guard of men as may suffice to suppresse riots and maintaine the Authority of the Lawes but not so great a force as may master all his kingdome lest he become a tyrant and his Subjects slaves In the kingdome of Arragon in Spaine as I read in Hieronymus Blanca there is a notable fundamentall antient Law made about the yeare of Christ 842. by their Suprarbiense Forum now commonly stiled Iustitia Arrogoniae during the Interregnum to preserve their Countries Liberties to keepe their Kings power within due bounds of royalty and prevent a tyranny with divers other Lawes of this nature which their Kings solemnly
sweare to observe before they are crowned the words of which law are these The King shall take heed that he neither undertake warre nor conclude peace nor make truce nor handle any thing of great moment but by the advise and consent of the Elders to wit the Iustitia Arragoniae the standing Parliament of that kingdome which hath power over and above the King And of later dayes as the same Author writes their Rici-homines or selected Peeres appointed by that kingdome not the King have all the charges and offices both of warre and peace lying on their neckes and the command of the Militia of the kingdome which they have power by their Lawes to raise even against their King himselfe in case he invade their Lawes or Liberties as he there manifests at large So in Hungary the great Palatine of Hungary the greatest officer of that kingdome and the Kings Lieutenant Generall who commands the Militia of that Realme is chosen by the Parliament and Estates of that country not the King It was provided by the Lawes of the Aetolians that nothing should be entreated of CONCERNING PEACE OR WARRE but in their Panaetolio or great generall Councell of state in which all Ambassadors were heard and answered as they were likewise in the Roman Senate And Charles the fifth of France having a purpose to drive all the Englishmen out of France and Aquitain assembled a generall assembly of the estates in a Parliament at Paris by their advise and wisedome to amend what by himselfe had not beene wisely done or considered of and so undertooke that warre with the counsell and good liking of the Nobilitie and people whose helpe he was to use therein which warre being in and by that Councell decreed prospered in his hand and tooke good successe as Bodin notes because nothing giveth greater credit and authority to any publike undertakings of a Prince and people in any State or Commonweale then to have them passe and ratified by publike advise and consent Yea the great Constable of France who hath the government of the Kings Sword the Army and Militia of France was anciently chosen by the great Councell of the three Estates Parliament of that kingdome as is manifest by their election of Arthur Duke of Britaine to that office Anno 1324. before which Anno 1253. they elected the * Earle of Leycester a valiant Souldier and experienced wise man to be the grand Seneschall of France ad consulendum regno desolato multum desperato quia strenuus fuit fidelis which office he refused lest he should seeme a Traytour to Henry the third of England under whom he had beene governour of Gascoigne which place he gave over for want of pay In briefe the late examples of the Protestant Princes in Germany France Bohemia the Low countries and of our brethren in Scotland within foure yeares last who seised all the Kings Forts Ports Armes Ammunition Revenues in Scotland and some Townes in England to preserve their Lawes Liberties Religion Estates and Country from destruction by common consent without any Ordinance of both Houses in their Parliament will both excuse and justifie all the Acts of this nature done by expresse Ordinances of this Parliament which being the Soveraigne highest power in the Realme intrusted with the kingdomes safety may put the Ports Forts Navy Ammunition which the King himselfe cannot manage in person but by substitutes into such under Officers hands as shall both preserve and rightly imploy them for the King and kingdomes safety and elect the Commanders of the Militia according to the expresse letter of King Edward the Confessors Laws which our Kings at their Coronations were still sworne to maintaine wherewith I shall in a manner conclude the Legall part of the Subjects right to elect the Commanders of the Militia both by Sea and Land Erant aliae potestates dignitates per provincias patrias universas per singulos Comitatus totius regni constitutea qui Heretochii apud Anglos vocabantur Scilicet Barones Nobiles insignes sapientes fideles animosi Latine vero dicebantur Ductores exercitus apud Gallos Capitales Constabularii vel Marâ—schaâ—li Exercitus Illi vero ordinabant acies densissimas in praeliis aâ—as constituebant prout decuit prout iis melius visum fuit ad Honorem Coronae ET AD UTILITATEM REGNI Isti vero viri ELIGEBANTUR PER COMMUNE CONCILIUM PRO COMMUNI UTILITATE REGNI PER PROVINCIAS ET PATRIAS UNIVERSAS ET PER SINGULOS COMITATUS so as the King had the choyce of them in no Province or Countrey but the Parliament and people onely in pleno Folcmote SICUT ET VICECOMITES PROVINCIARUM ET COMITATUUM ELEGI DEBENT Ita quod in quolibet Comitatu sit unus Heretoch PER ELECTIO NEM ELECTUS ad conducendum exercitum Comitatus sui juxta praeceptum Domini Regis ad honorem Coronae UTILITATEM REGNI praedicti semper cum opus adfuerit in Regno Item qui fugiet a Domino vel socio suo pro timiditate Belli vel Mortis in conductione Heretochii sui IN EXPEDITIONE NAVALI VEL TERRESTRI by which it is evident these popular Heretochs commanded the Militia of the Realme both by Sea and Land and might execute Martiall Law in times of war perdat omne quod suum est suam ipsius vitam manus mittat Dominus ad terram quam ei antea dederat Et qui in bello ante Dominum suum ceciderit sit hoc in terra sit alibi sint ei relevationes condonatae habeant Haeredes ejus pecuniam terramejus sine aliqua diminutione recte dividant inter se. An unanswerable evidence for the kingdomes and Parliaments interest in the Militia enough to satisfie all men To which I shall only adde that observation of the learned Antiquary Sir Henry Spelman in his Glossarium Title Dux and Heretochius where he cites this Law of King Edward That the Heretoch was Magister Militiae Constabularius Mariscallus DVCTOR EXERCITVS SIVE NAVALIS SIVE TERRESTRIS called in Saxon Heretoga ab Here Exercitus Togen Ducere Eligebantur in pleno Folcmote hoc est non in illo sub initio eaâ—endarum Maii at in alio sub capite Calendarum Octobris Aderant tune ipsi Heretochii QUAE VOLUERE IMPERABANT EXEQUENDA consvlto tamen PROCERUM COETU ET JUDICIO TOTIUS FOLCMOTI APPROBANTE Then he subjoynes POPULARIS ISTA HERETOCHIORUM SEU DUCUM ELECTIO nostris Saxonibus cum Germanis aliis COMMUNIS FUIT Vt in Boiorum ll videas Tit. 2. cap. 1. S. 1. Siquis contra Ducem suum quent Rex ordinavit in Provincia illa AUT POPULUS SIBI ELEGERIT DUCEM de morte Ducis consiliatus fuerit in Ducis sit potestate c. Hue videtur pertinere quod apud Greg. Turon legas l. 8. Sect. 18. Wintro Dux à Pagensibus
Parliament dare trust one the other alone with the premises and it is neither Royall nor Honourable as many beleev for the King to trust the Parliament now alone with these who in their Declarations never desired but professed the contrary that the chiefest command of the Militia when indifferent Officers were appointed should still reside in his Majesty in as ample manner as before there is no other equall honourable just impartiall probable way left to secure or accord both parties in this particular but onely to commit the premises for a convenient time to the custody of such trusty persons nominated by the Parliament to the King or by the King to the Parliament as both sides ioyntly shall allow of and by a speciall Bill to prescribe them such an Oath as shall oblige them to keep and imploy them onely for the ioynt use of King Kingdome and Parliament by the joynt direction of King and Parliament and not by the single warrant or command of either of them whiles this Parliament continues Vnder paine of High Treason both against the King and Kingdome I shall close up this obiection with the words of Seneca Securitas securitate mutua paciscenda est Errat enim si quis existimet tutum esse Regem vbi nihil a regâ— tutum est Vnum est inexpugnabile munimentum Amor Ciuium which the King shall then be sure of when he takes up this resolution Non rempublicam suam esse sed se Reipublicae and shall really trust the Kingdome and Parliament as much as farre forth as he expects or desires they should trust him The Parliaments Right to Elect Privie Counsellours Great Officers and Iudges THe third grand Complaint of the King and Royalists against this Parliament is That they take upon them a power to recommend and nominate to the King his Privie Counsellours Iudges with other great Officers of State demanding that none of them may hereafter especially during Parliaments be ordained by his Majesty but by their Nomination or advice A great affront an intollerable encroachment on the Prerogative Royall as is pretended The lowd clamour against the Parliament if seriously examined will speedily vanish into nothing For first it is already cleared and Fortescue so resolves That Kings themselves the highest Officers and Justiciaries in their Kingdomes were both created and elected at first by the free generall votes of their people from whom alone they received all their Royall Authority having still no other nor greater lawfull power then they conferred on them onely for the defence of their Laws Persons Liberties Estates and the Republicks welfare which they may regulate augment or diminish for the Common good as they see just cause Therefore doubtlesse the people who thus created and elected their Kings at first did likewise constitute and elect all publike Councellours Officers Judges Ministers of the State giving both being and bounds to their severall Offices and Iurisdictions by publike Lawes which is most apparent not only in the Roman Lacedemonian and other Kingdomes but our own too by infinite Acts of Parliament creating regulating and limiting the power Charters Pattents Graunts and proceedings not onely of our Kings but of their Counsellours Chancellous Treasurers Keepers of the Great Seale and privie Seale high Stewards Admiralls Marshalls Masters of the Horse Presidents of the Marches and of York Masters and other Officers of the Court of Wards Iudges and Iustices of all Courts all kinds Sherifs Coroners Customers Searchers Escheators and all other Temporall or Ecclesiasticall publick Officers the right of whose elections remaining originally in the Kingdome and Parliament representing it was never yet irrevocably or totally transferred by them to the King by any publike acts that I have seene and therefore when they see just cause they may make use of this their primitive inherent right of Election without any reall incroachment on the Kings Prerogative Secondly I have already proved that the Heretochs Lieutenants Generall and Sherifs as likewise the Conservators of the Peace in every County through the Realme were anciently elected onely by the Parliament and People not the King though they had the custody power Command of the whole Countey without any impeachment to the Prerogative Royall why then may not these other publike Officers of the Estate be thus nominated and chosen by the Parliament likewise without any just exception or offence Thirdly All Coroners Majors Sherifs Baylifs Aldermen Recorders of London Yorke Bristoll and generally of all Cities Townes and Burroughs throughout the Kingdome which have the chiefe Government of these Corporations Verderers of the Forrest Constables and other Officers have ever anciently and are still at this day elected onely by the People not the King Yea all Arch-bishops Bishops Abbots Priors with other Ecclesiasticall Officers who were formerly Peers and Members of the Parliament and Rulers in the Church were anciently chosen not by the King himselfe but onely by the Clergie and people as sundry Presidents and Statutes manifest and the Conge de'sliers at this day for the Election of new Bishops more then intimate and all this without the least violation of the Kings Prerogative why then may not the Parliament nominate all those publike Officers to the King by Parallell Reason without Ecclipsing his Prerogative Fourthly The Knights Citizens and Burgesses of the Kings and Kingdomes greatest Court and Councell the Parliament the supreamest Counsellors and Iudges of all others to whom all other Courts Counsellors Officers Iudges are responsible for their actions Iudgements advice have alwayes of right beene and yet are elected onely by the Free-holders and Commons of the Realme yea all the members of the Lords house though summoned thither by the Kings Writ and not elected sit there of right not of grace or the Kings free choyse by the fundamentall Lawes and Constitutions of the Realme neither can the King by his absolute Prerogative elect any members of the Commons House or exclude any member of it or Peere of the Vpper House who by vertue of his Peerage ought to sit there without the Houses consents for then if he might elect or exclude one he might likewise choose and seclude more yea most of them by like reason at his pleasure and so subvert the subjects Priviledges and by a Packed Parliament impose what Lawes or Taxes he would on his people to their slavery and ruine Which freedome of the subjects Election and all Lords Summons is so essentiall and necessary to Parliaments that the Parliaments of 21 R. 2. at Westminster and of 38 H. 6. at Coventry were by the Parliaments of 1 H. 4. c. 3 4. Nâ— 21 22. and 39 H. 6. c. 1. adjudged and declared to be void and no Parliaments at all but unlawfull yea devillish Assemblies and Ordinances for this very Reason because in the first of them the Knights were not duly elected by the Commons according to Law
and custome but by the Kings pleasure and the Lords onely of the Kings party contrary to right and reason summoned to it by meanes whereof Will therein ruled for reason men alive were condemned without examination men dead and put in execution by privie murther were adjudged openly to dye others banished without answer an Earle arraigned not suffered to plead his pardon c. and because the latter of them by divers seditious evill-disposed persons about the King was unduly summoned onely to destroy some of the Great Nobles faithfull and Lawfull Lords and other faithfull liege people of the Realme out of hatred and malice which the said seditious persons of long time had against them and a great part of the Knights of divers Counties of the Realme and many Burgesses and Citizens for divers Burroughs and Cities appearing in the some were Named returned and accepted some of them without due and free Election some of them without any Election by meanes and labour of the said seditious persons against the course of the Lawes and Liberties of the Commons of the Realme wherby many great Jeopardies Enormities and Inconveniences wel-nigh to the ruine decay and subversion of the Realme ensued If then the grand Councellors and Judges of this highest Court are and ought to be elected only by the Commons not the King because they are to consult and make Lawes for the Kingdomes welfare safety government in which the Realme is more concerned then the King and Bishops Abbots and Priors likewise whiles members of the Lords House of Parliament were chosen by the Clergy People Commons not the King by semblable or better reason the whole State in Parliament when they see just cause may claime the nomination of all publike Officers of the Kingdome being as much or more the Kingdomes Officers 〈◊〉 the Kings and as responsible to the Parliament as to the King for their misdemeanours in their places without any diminution of the Kings Prerogative Fiftly the Parliament consisting of the most Honourable Wise Grave and discree test persons of all parts of the Kingdome are best able clearely and impartially to Iudge who are the fittest ablest faithfullest most deserving men to manage all these publike Offices for the Kings the Kingdoms honour and advantage better then either the King himselfe his Cabinet-Counsell or any unconsiderable Privadoes Courtiers Favourites who now usually recommend men to these places more for their own private ends and interests then the Kings or Kingdoms benefit therfore it is but just equitable that they should have the principall nomination and recommendation of them to the King rather then any others whomsoever that the King should rather confide herein to their unbiased Iudgements then to his most powerfull trustiest Minions who would out the Parliament of this just priviledge that they might unjustly engrosse it to themselves and none might mount to any places of publike trust but by their deare-purchased private Recommendations the cause of so many unworthy untrusty corrupt publike Officers and Judges of late times who have as much as in them lay endeavoured to enslave both us and our posterities by publike illegall Resolutions against their Oathes and Consciences Sixthly Though our Kings have usually enjoyed the choice of Judges and State Officers especially out of Parliament time yet this hath been rather by the Parliaments and peoples permissions then concessions and perchance by usurpation as appeares by Sherifes and Lieutenants of Counties Elections now claimed by the King though anciently the Subjects right as I have proved And if so a Title gained only by Connivance or Usurpation can be no good plea in Barre against the Parliaments Interest when there is cause to claime it however the Kings best Title to elect these publike Officers is only by an ancient trust reposed in his Predecessors and him by the Parliament and Kingdom with this tacit condition in Law which Littleton himselfe resolves is annexed to all Officers of trust whatsoever that he shall well and lawfully discharge this trust in electing such Counsellors Officers and Iudges as shall be faithfull to the Republicke and promote the subjects good and safety If then the King at any time shall breake or pervert this trust by electing such great Counsellors Officers and Judges as shall willingly betray his Subjects Liberties Proprieties subvert all Laws foment and prosecute many desperate oppressing Projects to ruine or inthrall the Kingdom undermine Religion and the like as many such have been advanced of late yeares no doubt the Parliament in such cases as these may justly regulate or resume that trust so far into their own hands as to recommend able faithfull persons to these publike places for the future without any injury to the Kings Authority It was a strange opinion of Hugh Spensers great favourites to King Edward the second which they put into a Bill in writing That homage and the Oath of Allegiancâ— is more by reason of the Crowne then by reason of the Person of the King and is more bound to the Crowne then to the Person which appeares because that before the descent of the Crowne no Allegiance is due to the Person Therefore put case the King will not discharge his trust well according to reason in right of his Crowne his Subjects are bound by the Oath made to the Crowne to reforme the King and State of the Crowne because else they could not performe their Oath Now it may say they be demanded how the King ought to be reformed By 〈◊〉 of Law or by 〈◊〉 By suite at Law a man can have no redresse at all for a man can have no Iudge but these who are of the Kings party In which case if the will of the King be not according to reason he shall have nothing but â—rrour maintained and conâ—â—med Therefore it behoveth for saving the Oath when the King will not redresse a thing and remove what is evill for the Common people and prejudiciall to the Crowne that the thing ought to be reformed by force because the King is bound by his Oath to governe his Lieges and people and his Lieges are bound to governe in aide of him and in default of him Whereupon these Spensers of their owne private Authority tooke upon them by Vsurpation the sole government both of King and Kingdome suffering none of the Peeres of the Realme or the Kings good Counsellours appointed by the State to come neere him to give him good counsell not permitting the King so much as to speake to them but in their presence But let this their opinion and private unlawfull practise be what it will yet no doubt it is lawfull for the whole State in Parliament to take course that this part of the Kings Royall trust the chusing of good publike Counsellours Officers Judges which much concernes the Republike be faithfully discharged by recommending such persons of quality integrity and ability to all publike places of trust and
of the Kings just Prerogative transcends my understanding to conceive Finally our own Parliaments in most Kings Reignes have both claimed and enjoyed this power of Electing Privie Counsellours Chancellours Treasurers Judges and other great Officers of State and created some new Officers of far higher quality and power to governe both King and Kingdome then any the Parliament desires 〈◊〉 are in truth fitting for them to create unlesse in cases of absolute necessity to prevent the Kingdomes utter ruâ—ne To give you some few principall instances of many In the Yeare 1214. the 16 Yeare of King Iohns raigne In a Parliament held at â—â—â—ning-Meade neare Windsor for the setling and securing of Magna Charta and other the Subjects Lawes and Liberties formerly granted by Henry the 1. it was agreed by King Iohn and Enacted That there should be 25 Barons Chosen such as the Lords would who should to their uttermost power cause the same to be held and observed And that if either the King or his Iusticiar should transgresse in any Article of the Lawes and the offences shewed 4 Barons of the 25. should come to the King or in his absence out of the Kingdome to the chiefe Iusticiar and declare the excesse requiring without delay redresse for the same which if not made within 40. dayes after such declaration those 4 Barons should referre the cause to the rest of the 25 who with the Commons of the Land might distraine and inforce the King by all meanes they could by seising upon his Castles Lands and Pessessions or other goods his Person excepted and that of his Queene and Câ—ildren till amends be made according to their Arbitration And that whosoever would should take their Oath for the execution hereof and obey the Commandement of the 25. Barons herein without prohibition And if any of them dissented or could not assemble The Major part to have the same power of proceeding Hereupon there are 25. Barons chosen to bâ— Conservators of Magna Charta and the Subjects Priviledges whose Names you may reade in Matthew Paris who by the Kings Consent tooke an Oath upon their soules that they would keepe these Charters with all diligence and Compell the King if he should chance to repent as he did soone after to observe them Which done all the rest of the Lords then likewise tooke another Oath to assist and obey the Commands of those five and twenty Barons In the Yeare 1221. Hugh de Burgh was made the Protector or Guardian of the Realme by a Parliament held at Oxford In the Yeare 1222. I reade in Matthew Paris and others that Ralph Nevill Bishop of Chichister was made Keeper of the Great Seale and Chancellour of England by assent of the whole Kingdome in Parliament to wit in such sort Vt non deponeretur ab ejusdem sigilli custodia NISI TOTIVS REGNI ORDINANTE CONSENSâ—V CONSILIO That he should not be deposed from the custody of the said Seale but BY THE ORDINANCE CONSENT and COVNSELL OF THE WHOLE REALME Loe here the greatest Officer of the Realme not onely elected but confirmed by Parliament so as not to be displaced but by the consent of the whole Realme whose publike Officeâ— he was Hereupon King Henry afterward taking some distaste against Ralfe because the Monkes of Winchester elected him Bishop of that Sea against his good liking tooke away the Seale from him and delivered it to Geffery of the Temple in the 22â— Yeare of his Reigne but yet he held his Chancellours place still and tooke the profits of it during all his life though he refused to take the Seale againe when the King offered to restore it him the 23. of his Reigne Quod per Consilium praedicto Cancellario commissum fuit TOTIVS REGNI After which he being restored to the Seale by the Parliament An. 1236. this King removed Ralph the Steward of his Houshold with certaine other his Counsellours and great Officers of his House from his Counsell and their Offices and he likewise most instantly required his Seale from this Bishop of Chichester his Chancellour who executed his Office unblameably being a Pillar of Truth in the Court But the Chancellour refused to deliver it seeing the violence of the King to exceed the bounds of Modesty and said That hee could by 〈◊〉 meanes doe it Cum illud COMMVNI CONSILIO REGNI SVSCEPISSET since he had received it by the common Counsell of the Kingdome wherefore he could not resigne it to any one WITHOVT THE COMMON COVNSELL OF THE REALME to wit the Parliament Anno Dom. 1237. King Henry the third sommoning a Parliament at London because it seemed somewhat hard to sequester all his present Counsell from him sodenly as reprobate it was concluded that the Earle Warran William de Ferarijs and John Fitz Geofrey should be added to his Privie Counsell whom the King caused to sweare That by no meanes neither through gifts nor any other manner they should deviate from the way of truth but should give good and wholesome councell both to the King himselfe and the Kingdome Whereupon they granted him a Subsidie of the thirtieth part of their goods upon condition that from thenceforth and ever after forsaking the Counsell of strangers and all unnaturall ones qui semper sui non Regni amici esse consueverunt Regni bona distrahere non adunare he should adhere to the counsell of his faithfull and naturall subjects Et sic soluto consilio non sine interiori murmuratione multa concepta indignatione â—o quod cum difficultate tanta Regis animum ad salubre consilium contorquerent consilijs eorum a quibus omnem honorem terrenum habet obsecundarent ad propria quisqueremeavit But this prefidious King Regni delapidator as the Barons and Historians stile him contrary to his solemne Oath and promise would not be weaned from his evill Counsellours but retained them still till by force of Armes they were removed and banished In the Yeare 1244. the 28 of Henry the third his Reigne the Bishop of Chichester that faithfull Stout Chancellour made by Parliament dying and the place continuing void for a space in a Parliament at London the Lords and Commons complained That for defect of a Chancellour divers Writs were granted against Iustice and they demanded that by THEIR ELECTION a Iusticiar and Chancellour might be made by whom the state of the Kingdome might be setled AS IT WAS ACCVSTOMED The King promised to reforme all things himselfe least he might seeme thereto compelled by them which they gave him a convenient time to effect and so adjourned promising to give him an aide at their next meeting if in the meane time he redressed things amisse according to promise Which he failing to doe At their next meeting They demanded Magna Charta to be confirmed which they had divers times dearely purchased and a new Charter to be made for that purpose That
deliver up the Seale and Iustices Roles unto him who answered that they could by no meanes doe it without the Barons consent and pleasure concurring with the Kings with which answer the King being moved presently without consulting with the Baronage made Walter Merton Chancellour and the Lord Philip Basset Chiefe Justice to him and the Kingdom removing those the Barons had appointed from those and other places Which the Barons hearing of considering that this was contrary to them and their provisions and fearing least if the King should thus presume he would utterly subvert the Statutes of Oxford thereupon they poasted to the King guarded with Armes and power and charged him with the breach of his Oath forcing him at last to come to an agreement with them which the King soone violating the Barons and he raised great Forces met and fought a bloody battle at Lewes in Sussex where after the losse of 20000. men the King and his Son Prince Edward with sundry Lords of his party were taken and brought Prisoners to London where all the Prelates Earles and Barons meeting in Parliament Anno 1265 as Mathew Westminster computes it made new Ordinances for the Government of the Realme appointing among other things that two Earles and one Bishop elected by the Commons should chuse 9. other Persons of which three should still assist the King and by thâ— Counsell of those three and the other nine all things should be ordered as well in the Kings House as in the Kingdome and that the King should have no power at all to doe any thing without their Counsell and assent or at least without the advice of three of them To which Articles the King by reason of menaces to him to elect another King and Prince Edward for feare of perpetuall Imprisonment if they consented not were enforced to assent all the Bishops Earles and Barons consenting to them and setting their Seales to the Instrument wherein these Articles were conteined After which the Earle of Leicester and his two Sons being three of the twelve devided all the Kings Castles and strong holds betweene them and bestowed all the chiefe Offices in the Kings House upon his Capitall enemies which indiscreete disloyall carriage of theirs much offended not only the King and Prince but the Earle of Glocester and other of the Barons so that they fell off from the Earle to the King and Prince and in a battell at Eusham slew the Earle and most of his Partisans after which victory the King calling a Parliament at Winchester utterly repealed and vacated those former Ordinances which had they only demaunded the Nomination of great Officers Counsellours and Judges to the King and not entrenched so far upon his Prerogative as to wrest all his Royall power out of his hands not only over his Kingdom but houshold too I doubt not but they had beene willingly condiscended to by the King and Prince as reasonable and not have occasioned such bloody wars to repeale them by force In K. Edward the second his Reigne the Lords and Commons by an Ordinance of Parliament having banished out of Court and Kingdome Pier Gaveston his viâ—ious favourite and pernicious grand Counsellour in a Parliament held at Warwick nominated and constituted Hugh Spenser the Sonne to be the Kings Chamberlaine and in that Parliament further enacted that certaine Prelates and other Grandees of the Realme should remaine neare the King by turnes at set seasons of the Yeare to counsell the King better without whom no great businesse ought to be done challenging writes Speed by sundry Ordinances madâ— by them in Parliament not onely a power to reforme the Kings House and Councell and TO PLACE AND DISPLACE ALL GREAT OFFICERS AT THEIR PLEASVRE but even a joynt interest in the Regiment of the Kingdome After which the Spensers engrossing the sole Regiment of the King and Kingdome to themselves and excluding those Lords from the King appointed by the Parliament to advise him not suffering the King so much as to speake with them but in their presence they were for this and other offences banished the Land by Act of Parliament This King towards the end of his raigne after the Queenes arrivall with her Army obscuring himselfe and not appearing by advise and consent of the Lords the Duke of Aquitaine was made High Keeper of England and they as to the Custos of the same did sweare him fealty and by them Robert Baldocke Lord Chancellour was removed the Bishop of Norwich made Chancellour of the Realme and the Bishop of Winchester Lord Treasurer without the Kings assent In the 15 Yeare of K. Edward the 3d. chap. 3 4. there was this excellent Law enacted Because the points of the great Charter be blemished in divers manners and lesse well holden then they ought to be to the great perill and slaunder of the King and dammage of the people especially in as much as Clerkes Peeres of the Land and other freemen be arrested and imprisoned and outed of their goods and Cattels which were not appealed nor indighted nor suite of the party against them affirmed It is accorded and assented that henceforth such things shall not be done And if any Minister of the Kings or other person of what condition he be doe or come against any part of the great Charter or other Statutes or the Laws of the Land he shall answer to the Parliament as well as the suite of the King as at the suite of the party where no remedy nor punishment was ordained before this time as farre forth WHERE IT WAS DONE BY COMMISSION OF THE KING as of his owne Authority notwithstanding the Ordinance made before this time at Northampton which by assent of the King the Prelates Earles and Barons and the Commonalty of the Land in this present Parliament is repealed and utterly disanulled And that the Chancellour Treasurer Barons and Chancellour of the Eschequer the Iustices of the one Bench and of the other Iustices assigned in the County Steward and Chamberlaine of the Kings house Keeper of the Privie Seale Treasurer of the Wardrobe Controuler and they that be chiefe deputed to abide nigh the Kings Sonne Duke of Cornewall shall be now sworne in this Parliament and so from henceforth at all times that they shall be put in Office to keepe and maintaine the Priviledges and Franchises of holy Church and the points of the great Charter and the Charter of the Forrest and all other Statutes without breaking any point Item It is assented that if ANY THE OFFICERS AFORESAID or chiefe Clerke to the Common Bench or the Kings Bench by death or other cause be out of his Office that our Soveraigne Lord the King BY THE ACCORD OF HIS GREAT MEN which shall be found most nighest in the County which hee shall take towards him and by good Councell which he shall have about him shall put another convenient into the said Office which shall be sworne after the forme aforesaid And
the Statutes at large in 11. 21. R. 2. and our Historianâ— in those yeares more copiously manifest In 12. R. 2. c. 2. There was this notable Law enacted which Sir Edward Cooke affirmes is worthy to be writ in Letters of gold and worthier to be put in due execution For the Universall wealth of all the Realme it is enacted that the Chauncellor Treasurer Keeper of the Privie Seale Steward of the Kings house the Kings Chamberlaine Clarke of the Rolls the Iustices of the one Bench and other Barons of the Exchequor and all other that shall be called to ordaine name or make Iustices of peace which whether the Lord Keeper alone can make or unmake without consent of all these or put out of Commission without just cause and conviction now commonly practised is a considerable Question upon this and other statutes Sheriffes Escheators Customers Controllers OR ANY OTHER OFFICER or Minister of the King shall be firmely sworne that they shall not ordaine name or make Iustices of peace Sheriffe Escheator Customer Controller or other Officer or Minister of the King for any gift or brocage favour or affection nor that none which puâ—sueth by him or by other privily or apertly to be in any manner Office shall be put in the same Office or in any other But that they make ALL SVCH OFFICERS and Ministers OF THE BEST MOST LAWFVLL MEN SVFFICIENT to their estimation and knowledge Which most excellent Law with others of like nature still in force were it duly executed there would not be so many corrupt Officers of all these sorts in the kingdome as now swarme in every place From which Act I shall onely make these 2. Inferences First that if so great a care ought to be had in the choyce of these under-Officers then certainely farre more of the grand Officers and Iudges of the kingdome Secondly that if it be no disparagement to the Kings honour or prerogative for these greâ—t Officers of the Realm to ordain name and make Iustices of peace Sheriffes and other under Officers of the King wiâ—hout the kings privitie as oft times they doe then by the same or greater reason it can be no diminotion of his honour or prerogative Royall for the Parliament which is best able to judge of mens abilities and honesties to have power onely to nominate or recommend to the King such as they know to be the best most lawfull and sufficient men for the highest state Offices and places of Iudicature when they becomevoyd Not to trouble you with any more Presidents in this Kings Raigne recorded in Story I shall close them up with one or two more upon record In the Parliament of 3. R. 2. The Câ—ancellor having declared the causes of Summons and among others the great stâ—aights the King was in for want of money so that he had at that time nothing in his Treasury but was greaâ—ly endebted c. He pâ—ayed the Parliament â—o advise how and after what manner he mâ—ght be relieved not onely for his owne safety but for the safetie of them all and of the Râ—alme To which the Commons after they were advised of theâ—r said Charge returned this Answer to the King in Parliament by their Speaker in name of the whole Commons That the said Commons are of opinion that if their Liege Soveraigne had beene well and 〈◊〉 governed in his Expences spent 〈◊〉 the Realme and elsewhere he now had had no neede of their aid by charging the 〈…〉 whom they imagined to be now more poore and indigent then ever they were before Wherefore they pray That the Prelates and other Lords of the Kings continuall Councell who have a long time travelled in the said affaires BE VTTERLY DISCHARGED to their great ease and in discâ—arge of the King from their custodies and that No such Counsellors should be retained about â—he King in regaâ—d that our Lord the King is now of good discretion and â—f a goodly Stature having respect to his Age which is now neare the age of his noble Grandfather at the time of his Coronation who had no other Counsellors at the beginning of his raigne but ONELY the Five accustomed Principall Officers of HIS REALME They further pray that In this Parliament these Five Principall Officers may bee Elected and Chosen out of the most Sufficient Men within the Realme who may be tractable and who may best know and execute their Offices that is to say The Chancellor Treasurer Keeper of the Privie Seale Chiefe Chamberlaine and Steward of the Kings House and that these so chosen of whose Names and persons the Commons will be ascâ—rtained this Parliament for their greater comfort and aide to execute the businesse of the King shall have it therein declared that they Shall not be Removed before the next Parliament unlâ—sse it be by reason of Death Sicknesse or other necessary cause And they likewise pray for remedy of default â—f the saâ—d Government if there be any on that party that a sufficient and generall Commission may be made the best that may be devised to certaine Prelates Lords and others of the most sufficient lawfull and wise men of the Realme of England diligently to Survey and examine in all the Courts and places of the King as well within his owne house as elsewhere the estate of the said House and al expences and receits whatsoever made by any of the Ministers or any Officers of thâ— Realme and of othâ—r his Seignoriâ—s and Lands as well on this side as â—eyond the Sâ— as from the Kings Coronâ—tion till this prâ—sâ—nt so thâ—t if there be aâ—y default bee found by the said Examination in any mâ—nner by negligence of Officers or othâ—rwise â—he said Commissioners shall certifie them to our Lâ—râ— the King to have them amended and corrected to the endâ— that our Loâ—d the King may be honourably governed within his Realm as bâ—longeâ—h to a King to be governed and may be able with his owne râ—veneues to support the charge of his Expences and to defend the Realme on every part and defray the other charges above named Which Petition and Commission the King accordingly granted In the Parliament of 13. R 2. An. 1389. Iohâ— Duke of Lancaster By ASSENT of all the Estates of Parliament was created Duke of Aquitaine for his life by King Richard his Nephew the words of whose Patent Printed at large in Master Seldens Titles of Honour runne thus De ASSENSU Praelatorum Ducum Magâ—â—tum alioâ—um Proâ—erum Communitatis Regni nostri Angliae in instanti Parliamento nostro apud West monasterium convâ—cato existentiuâ— teâ— praedelectissimum Patrium no strumin DVCEM AQVITANIAE cum Tituâ—o Stilo ac nominâ— honore eidem debitis praefiâ—imâ—â— ac inde praesentiali er per â—ppositio 〈◊〉 Cappae 〈◊〉 capiâ—i ac traditionem Virgae aureae iâ—vestimus c. toto tempoâ—e viâ—ae tuae possidâ—ndum c. Giving him power thereby To Coine what Gold
and Silver Money he pleased Nobili aâ—dâ—â—tiam personas ignobiles Senescallos Iudices Capitaâ—cos Consules 〈…〉 Procâ—ratores Recepâ—ores quoscunque Officiarios alios creandi 〈…〉 ponendi in singulis locis Ducatus praedicti quandâ— opus erit inflitutos 〈…〉 Officiarios autedictos amovendi loco amotorum alios subrogandi c. Heere ◠〈…〉 the Title hoâ—â—ur of a Duke and Dukedome in France given by the 〈◊〉 of England as King of France by assent and authority of a Parliament in 〈…〉 Captaines and all other Officers within that Dukedome In the Parliament Rolls of 1. H. 4. num 106. The Commons Petitioned the King that for the safety of himselfe as likewise for the safety of all his Realmâ— and of his Lieges BY ADVISE OF HIS SAGE COVNSELL hâ—e would ordaine SVRE or trusty and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in Englaâ—d as in Wales to prevent all perills The very Petition in effect that this Parliament tendered to his Majestie touching the Militia To which the King readily gave this answer Le Roy le voet The King wills it In the same Rol. Num. 97. The Commons likewise petitioned That the Lords Spirituall and Temporall shall not be received in time to come for to excuse them to say That they durst not to doe nor speake the Law nor what they thought for DOVBT of death or that they are not free of themselves because they are more bound under PAINE OF TREASON to keepe their Oath then to feare death or any foâ—feiture To which the King gave this answer The King holds all his Lords and Iustices for good sufficient and loyall and that they will not give him other Counsell or Advise but such as shall be Honest Iust and Profitable for him and the Realme And if any will complaine of them in speciall for the time to come of the contrary the King will reforme and amend it Whereupon we finde they did afterwards complaine accordingly and got new Privie Counsellors chosen and approved in Parliament in the 11 th Yeare of this Kings Raigne as we shall see anone And in the same Parliament Num. 108. I finde this memorable Record to prove the King inferiour to and not above his Laws to alter or infringe them Item Whereas at the request of Richard laâ—e King of England in a Parliament held at Winchester the Commons of the said Parliamâ—nt granted to him that he should be in as good libertie as his Progenitors before him were by which grant the said King woulâ— say that he might turne or change the Lawes at his pleasure and caused them to be changed AGAINST HIS OATH as is openly known in divers cases And now in this present Parliament the Commons thereof of their good assent and free will confidâ—ng in the Nobility high discretion and gracious government of the King our Lord have granted to him That they will He should be in as great Royall Liberty as his noble Progenitors were before him Whereupon our said Lord of his Royall grace AND TENDER CONSCIENCE hath granted in full Parliament That it is not at all his intent nor will to change the Lawes Statutes nor good usagâ—s nor to to take other advantage by the said graunt but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH ACCORDING TO HIS OATH which he thus ratified with his Royall assent Le Roy le voet By which Record it is evident First that the Kings Royall Authority and Prerogative is derived to him and may be enlarged or abridged by the Commons and Houses of Parliament as they see just cause Secondly that King Richard the second and Henry the fourth tooke and received the free use and Libertie of their Prerogatives from the grant of the Commons in Parliament and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice Thirdly That the King by his Prerogative when it is most free by his Subjects grant in Parliament hath yet no right nor power by vertue thereof to change or alter any Law or Statute or to doe any thing at all against Law or the Subjects Rights and Priviledges enjoyed in the Raignâ—â— of ancient Kings Therefore no power at all to deprive the Parliament it selfe of this their ancient undubitable oft-enjoyed Right and Priviledge to elect Lord Chancellors Treasurers Privie Seales Chiefe Iustices Privie Counsellors Lord Lieutenants of Counties Captaines of Castles and Fortresses Sheriffes and other publike Officers when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety as now they doe and have as much reason to doe as any their Predecessors had in any age When they behold so many Papists Malignants up in Armes both in England and Ireland to ruine Parliaments Religion Lawes Liberties and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies In the 11. yeare of King Henry the 4 th Rot. Parl. numâ— 14. Art c. 1. The Commons in Parliament petitioned this King First That it would please the King to ordaine and assigne in this Parliament the most valiant sage and discretest Lords Spirituall and Temporall of His Realme TO BE OF HIS COVNSELL in aide and supportation of the Good and substantiall Government and for the weale of the King and of the Realme and the said Lords of the Counsell and the Iustices of the King should be openly sworne in that present Parliament to acquit themselves well and loyally in their counsels and actions for the weale of the King and of the Realme in all points without doing favour to any maner of person for affection or affinity And that it would please our Lord the King in presence of all the Estates in Parliament to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him to doe full Iustice and equall right to every one without delay as well as they may without or notwithstanding any command or charge of any person to the contrary To which the King gave this answer Le Roy le Voet After which the second day of May the Commons came before the King and Lords in Parliament and there prayed to have connusance of the names of the Lords which shall be of the Kings continuall Counsell to execute the good Constitutions and Ordinances made that Parliament To which the King answered that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves for divers reasonable causes for which he held them well excused and as to the other Lords whom hee had ordained to be of his said Counsell Their Names were these Mounsier the Prince the Bishop of Wâ—nchester the Bishop of Duresme the Bishop of Bath the Earle of Arundâ—â— the Earle of Westmerland and
the Lord Burnell And here upon the Prince in his owne name and of the other forementioned Lords prayed to be excused in case they could not finde sufficient to support their necessary charges And that notwithstanstanding any charge by them accepted in this Parliament that they may be discharged in the end of the Parliament in case nothing shall be granted to support their foresaid charges And because the said Prince should not be sworne by reason of the highnesse and excellency of his Honourable Person the other Lords and Officers were sworne and swore upon the condition aforesaid to goâ—erne and acquit themselves in their counsell well and faithfully according to the tenour of the first Article delivered among others by the said Commons and likewise the Iustices of the one Bench and other were sworne and tooke an Oath to keepe the Lawes and doe Iustice and equall right according to the purport of the said first Article And on the 9. of May being the last day of the Parliament The Commons came before the King and the Lords and then the Speaâ—er in the name of the said commons prayed the King to have full conusance of the names of the Lords of his Counsell and because the Lords who were named before to be of the said Counsell had taken their Oathes upon certaine conditions as aforesaid that the same Lords of the Counsell should now be newly charged and sworne without condition And hereupon the Prince prayed the King as well for himself as for the other Lords of the Counsell that forasmuch as the Bishop of Durham and Earle of Westmorland who are ordained to be of the same Counsell cannot continually attent therein as well for divers causes as are very likely to happen in the Marches of Scotland as for the enforcement of the said Marches that it would please the King to designe other Lords to bee of the same Counsell with the Lords before assigned And hereupon the King IN FVLL PARLIAMENT assigned the Bishop of Saint Davids and the Earle of Warwicke to be of his said Counsell with the other forenamed Lords and that they should bee charged in like manner as the other Lords without any condition A notable President where all the Kings Privy Counsell are nominated and elected by him in full Parliament and their names particularly declared to the Commons before they are sworne to the end that they might except against them if there were just cause who in their Petition and Articles to the King expresse in generall what persons the King should make choise of for his Counsellors and Iudges and what Oathes they should take in Parliament before they were admitted to their places Which was as much or more as this Parliament ever desired and the King may now with as much Honour and Iustice grant without any diminution of his Prerogative as this Magnanimous Victorious King Henry did then without the least deniall or delay In the fiâ—t Yeare of King Henry the fift This King undertaking a warre with France by Advise and consent of his Parliament as honourable to the King and profitable to the Kingdome toâ—which war they liberally contributed Iohn Duke of Bedford was in and by that Parliament made GOVERNOVR AND REGENT OF THE REALME AND HEAD OF THE COMMON-WEALTH Which Office he should enjoy as long as the King was making Warre on the French Nation the Summons of which Parliament issued out by this Duke in the Kings Name See H. 1. c. 1. In the Patent Rolls of 24. Hen. 6. 1 â— pars mem 16. The King grants to Iohn Duke of Exceter the Office of Admirall of England Ireland and Aqultain which Grant is thus subscribed Per breve de privato Sigillo AVCTORITATE PARLIAMENTI So that hee enjoyed that Office by apointment and Authority of the Parliament which was no set standing Office nor place of great Honour in former ages when there were many Admiralls in England designed to severall Quarters and those for the most part annuall or but of short continuance not for life as Sir Henry Spelman shewes at large in his Glossarie Title Admirallus to whom I referre the Reader and Title Heretocâ—us which Heretochs elected by the people had the command of the Militia of the Realme by Sea and Land and this word Heretoch in Saxon signifying properly a Generall Captaine or Leader as you may see there and in Master Seldenâ— Titles of Honour Pag. 605. 606. And sometimes though more rarely an Earle Count or Nobleman Earlederman or Prince Hengist and Horsa being called Heretogan in a Saxon Annall In the 1. yeare of King Henry 6. being but 9. months old when the Crowne descended the Parliament summoned by his Father Henry the 5. as Walsingham writes was continued in which By ASSENT OF ALL THE STATES Humfry Duke of Gloucester WAS ELECTED AND ORDAINED DEFNDER AND PROTECTOR OF ENGLAND in the absence of his elder Brother the Duke of Bedford and all the Offices and Benefices of the Realm were committed to his disposall In this Parliament a strange sight never before seen in England this infant king sitting in his Queen mothers lap passed in Majestick manner to Westminster and there tooke state among all his Lords before he could tell what English meant to exercise the place of Soveraigne direction in open Parliament then assembled to establish the Crowne upon him In the Parliament Rolls of the 1. yeare of this King I finde many notable passages pertinent to the present Theme of which for their rarity I shall give you the larger account Numb 1. There is a Commission in this Infant Kings name directed to his Vncle Humfrey Duke of Gloucester to summon and hold this Parliament in the Kings name and stead and commanding all the Members of it to attend the said Duke therein Which Commission being first read the Archbishop of Canterbury taking this Theame The Princes of the People are assembled with God declares 4. causes for which this Parliament was principally summoned 1. For the good governance of the person of the most excellent Prince the King 2. For the good conservation of the peace and the due execution and accomplishment of the Lawes of the land 3. For the good and safe defence of the Realme against enemies 4. To provide honourable and discreet persons of every estate for the good governance of the Realme according to Iethro his Counsell given to Moses c. Which Speech ended Numb 7. 8 9 10 11. The receivers of all sorts of Petitions to the Parliament are designed and the Speaker of the House of Commons presented and accepted Numb 12. The Lords and Commons authorize consent to and confirme the Commission made to the Duke in the Infant Kings Name to summon and hold this Parliament so that they authorize and confirme that very power by which they sate With other Commissions made under the great Seale to Iustices Sheriffes Escheators and other officers for the necessary execution of Iustice. Numb 13.
manner as the Noble Duke of Exceter was before appointed and designed to execute which charge he was sent for out of France the yeare following In the three and thirtieth yeare of this Kings reigne Richard Duke of York was made Protector of the Realme the Earle of Salisbury was appointed to be Chancellor and had the great seale delivered to him and the Earle of Warwick was elected to the Captainship of Calice and the territories of the same in and BY THE PARLIAMENT by which the Rule and Regiment of the whole Realme consisted onely in the heads and orders of the Duke and Chancellor and all the warlike affaires and businesse rested principally in the Earle of Warwick From which Offices the Duke and Earle of Salisbury being after displaced by â—mulation envie and jealousie of the Dukes of Somerset Buckingham and the Queene a bloody civill warre thereupon enfued after which Anno 39. H. 6. this Duke by a solemne award made in Parliament between Henry the sixth and him was againe made PROTECTOR AND REGENT OF THE KINGDOM By the Statutes of 25. H. 8. c. 22. 28. H. 8. c. 7. and 35. H. 8. c. 1. it is evident that the power and Right of nominating a Protector and Regent during the Kings minoritie belongs to the Parliament and Kingdome which by these Acts authorized Henry the eighth by his last Will in writing or Commission under hiâ— seale to nominate a Lord Protector in case he died during the 〈◊〉 of his heire to the Crowne and the Duke of Somerset was made Lord Protector of the King and Realme during King Edward the sixth his nonage BY PARLIAMENT And not to trouble you with any more examples of this kinde Mr. Lambard in his Archaion p. 135. Cowell in his Interpreter title Parliament Sir Henry Spelman in his Glossarium tit Cancellarius out of Matthew Westminster An. 1260. 1265. Francis Thin and Holinshed vol. 3. col 1073. to 1080. 1275. to 1286. and Sir Edward Cook in his Institutes on Magna Charta f. 174 175. 558. 559. 566. acknowledge and manifest That the Lord Chancellour Treasurer Privy Seale Lord chiefe Iustice Privy Counsellors Heretochs Sheriffs with other Officers of the Kingdome of England and Constables of Castles were usually elected by the Parliament to whom OF ANCIENT RIGHT THEIR ELECTION BELONGED who being commonly stiled Lord Chancellour Treasurer and chiefe Iustice c. OF ENGLAND not of the King were of right elected by the representative Body of the Realme of England to whom they were accomptable for their misdemeanors Seeing then it is most apparent by the premises that the Parliaments of England have so frequently challenged and enioyed this right and power of electing nominating recommending approving all publike Officers of the Kingdome in most former ages when they saw iust cause and never denuded themselves wholly of this their interest by any negative Act of Parliament that can be produced I humbly conceive it can be no offence at all in them considering our present dangers and the manifold mischiefes of the Kingdome hath of late yeeres sustained by evill Counsellors Chancellors Treasurers â—udges Sheriffs with other corrupt publike Officers to make but a modest claime by way of petition of this their undoubted ancient right nor any dishonour for his Maiesty nor disparagement to his Royall Prerogative to condiscend to their request herein it being both an honour and benefit to the King to be furnished with such faithfull Counsellors Officers Iudges who shall cordially promote the publike good maintaine the Lawes and subiects Liberties and doe equall iustice unto all his people according to their oathes and duties unfaithfull and corrupt officers being dangerous and dishonourable as well to the King as Kingdom as all now see and feele by wofull experience In few words If the Chancellors Iudges and other Officers power to nominate three persons to be Sheriffe in every County annually of which his Majesty by law is bound to pricke on â—lse the election is void as all the Iudges of England long since resolved and their authority to appoint Iustices of the Peace Escheators with other under Officers in each shire be no impeachment at all of the Kings prerogative as none ever reputed it or if both Houses ancient priviledge to make publike Bills for the publike weale without the Kings appointment and when they have voted them for lawes to tender them to the King for his royall assent be no diminution to his Soveraignty then by the selfe-same reason the Parliaments nomination or recommendation of Counsellors state-State-officers and Iudges to his Maiesty with a liberty to disallow of them if there be iust cause assigned can be no encroachment on nor iniury at all to his Maiesties Royalties it being all one in effect to recommend new Lawes to the King for his royall assent when there is need as to nominate meet Officers Counsellors Iudges to him to see these Lawes put in due execution when enacted So that upon the whole matter the finall result will be That the Parliaments claime of this their ancient right is no iust ground at all on his Maiesties part to sever himselfe from his Parliament or to be offended with them much lesse to raise or continue a bloody warre against them That the King hath no absolute Negative voyce in the passing of Bills of Common Right and Iustice for the publike good THe fourth great Objection or Complaint of the King Malignants Royallists against the Parliament is That they deny the King a negative Voyce in Parliament affirming in some Declarations That the King by his Coronation Oath and duty is bound to give his royall assent to such publike Bills of Right and Iustice as both howses have voted necessary for the common wealth or safety of the Realme and ought not to reject them Which is say they an absolute deniall of his royall Prerogative not ever questioned or doubted of in former ages To this I answer first in generall That in most proceedings and transactions of Parliament the King hath no casting nor absolute negative voyce at all as namely in reversing erronious Iudgments given in inferiour Courts damning illegall Pattents Monopolies Impositions Exactions redressing removing all publike grievances or particular wrongs complained of censuring or judging Delinquents of all sorts punishing the Members of either house for offences against the Houses declaring what is Law in cases of difficulty referred to the Parliament of which there are sundry presidents In these and such like particulars the King hath no swaying negative voice at all but the houses may proceed and give Iudgement not only without the Kings personall presence or assent as the highest Court of Iustice but even against his personall Negative vote or dissassent in case he be present as infinite examples of present and former times experimentally manifest beyond all contradiction Nay not only the Parliament but Kings Bench Common Pleas Chancery and every
by injustice advising him to lovie warre upon his Subjects making evill Iudges and other Officers to the hurt of the King and Kingdome engrossing the Kings eare and usurâ—ing 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 Hughâ—e de Sponsers 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 Iohn 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 goods 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 Spâ—â—seâ—s 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 Capitaâ—l 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 though 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 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
to Carlile at the Counties charges and then to receive the Kings wages and that the Commanders great men and all the host when they assembled shâ—uld lie and travell in the Land of Scotland and not in the Marches of England Num. 36. 37. A fit and trusty Clerke is appointed to pay the Souldiers wages by the advise and survey of the Lords Percy and Nevill and Merchants are ordered to returne moneys for the exploit and to furnish the King of Scotland with moneys sufficient to maintaine twenty men at Armes Num. 38. Because Mr. Richard Talbot had discharged himselfe of the government of Barwicke the Lords in Parliament earnestly intreated Sir Walter Creake to take upon him the custody of Barwicke and to certifie the Lords within a short time how many men at Armes and Archers would suffice to guard it and whether he would accept of the charge or not and if not they would provide another Num. 39. A Commission is granted to Master Thomas Wake and others to muster the Horse and Foot arrayed for this expedition in Yorkeshire and the other Counties and to conduct them towards Newcastle Num. 46. It is accorded and assented that Writs shall be made to the arrayers of the Men of Armes Hoblers and Archers in the Country of Oxford for the guarding of the Sea for the Prior and Canons of Burnacester to surcease their demand which they made to the said Prior and Canons to finde a man at Armes and two Archers to make such a guard at Portsmouth and also for the payment of certaine moneys for this cause untill they have other command from the King by reason that the Prelates and other great men in the Parliament are informed that all the possessions of their house will hardly suffice for their sustenance and that they cannot finde such charge without very great oppression of them and their house Loe here in these two Parliaments the Rols whereof I have recited more largely because rare and memorable all businesses concerning the Warres Militia and Array both by Land and Sea were particularly consulted of ordered and determined in and by the Parliament onely in a farre more ample manner then this present Parliament at first petitioned desired they should have been ordered and setled now In the Parliament rolls 14 E. 3. Num. 19. Certaine men are appointed to guard the Islands and Sea-coasts against the enemies Num. 42. The Lord Mowbray is appointed keeper of the Town of Barwickâ— Num. 53. 54. 55. c. Commissions of Array in severall Counties are made by Parliament to the Earle of Angoyes and others for defence of the Kingdome In the Parliament of 50 E. 3. Num. 15. A Commission is granted in Parliament to the Lord Percy and others to appoint able persons for defence of the Marches of the East-riding In the Parliament Roll of 1 R. 2. Num. 51. Because that the Lands of Gascoigne Ireland the Seigniory of Artoyes and the Marches of Scotland are in perill to be lost through default of good Officers the Commons petition that it would please the Lords to ordaine good and sufficient ministers which may be sent to governe in the same Lands in the most hasty manner that may be by reason of the great need that requires it And that all the chiefe guardians of the Ports and Castles upon the Sea as Dover Bannburgh Carlile and other Marches may be put in the forme aforesaid And that these Guardians of the Castles and keyes of the Realme may be sufficient men who may forfeit their inheritance if any mischiefe shall happen by reason of them which God forbid And that in all other sufficient persons of your Leiges be placed who may forfeit in the same manner for the salvation of the Realme To which the King answers The King willeth it and will doe that which shall belong to him by the advise of the Lords of His continuall Councell In 2 R. 2. Rot. Parliament Num. 37. the Admiralty is disposed of by the Parliament and Num. 39. a Schedule of Orders for the defence of the North sea is confirmed by the Parliament In the Parliament of 7 8 H. 4. Num. 26. The Parliament gave power to the Merchants to name two meet persons to be Admirals to guard the Seas In the Parliament rolls of 2 R. 2. pars 2. Num. 37. The Commons supplicate how the enemies of France with great Armies and many Vessels of warre have been continually and yet are in the Northerne parts and namely about the coasts of Scarburrough which Towne is dangerously seated upon the Sea open to the assaults of the said enemies and that the people of the said Towne had within two yeeres last past paid above one thousand pound ransome to the said enemies and yet were destroyed and carried prisoners into Boloigne and other places where they were yet kept prisoners and that the Towne was upon the point to be burned and destroyed and all the coast about it in short time if hasty remedy were not provided That therefore it would please the King and his most sage Councell considering the great dammages and perils the said Towne and coasts about it had sustained and were yet apparently like to sustaine to ordaine and assigne certaine Vessels of warre upon the said coasts to guard them against the malice and power of the said enemies and that during the warres for saving of the said Towne and the Kings Castle there situate and all the Country about iâ— The Answer is This matter is in part touched by the Merchants of the said coast which are at this Parliament and by their advise and others who are to passe their Merchandize in these Marches by Sea remedy hath beene ordained in such sort as the Earle of Northumber land and the Major of London who were assigned in Parliament to treat of this businesse know more fully to declare In the Parliament of 6 R. 2. pars 2. Num. 11. The Bishop of Norwich offered before the King and Lords that if the King would grant him the quindisme and disme of the Laity and Clergy and the 6 pound and 2 shillings on the Tonne of Wine lately granted to the King for the safeguard of the Sea that he would within 20 daies after the receipt of the last payment transport into France 3000 Archers well armed and mounted for the ayd of Gaunt and would defray all the charges of shipping them And that if he might have the attendance of the West-Admirall he would finde on the Sea for the safeguard of it betweene this and Michaelmas next ten great ships and ten Bâ—rges armed in which besides Marriners necessary he would finde at least 500 fighting men for the said terme In the Parliament of 15 R. 3. Num. 15. It is to be remembred that the Commons said in full Parliament that if a treaty of peace or truce should be entertained betweene their Lord the King and his adversary of France that they thought it expedient and necessary if
person or persons as the said Councell of warre should direct and that both those Treasurers and this Councell of warâ—e and all other persons trusted with the receiving issuing bestowing and imploying of those moneys or any part thereof their heires executors and administrators should be answerable and accomptable for their doings and proceedings therein to the Commons in Parliament when they shall be thereunto required by Warrant under the hand of the Speaker of the House of Commons for the time being and thereby they and every of them according to their severall places and imployments shall give a true and ready declaration and account of their severall respective dealings doings and proceeding therein and that the said Commons in Parliament shall have power by this Act to heare and determine the said account and all things thereto appertaining And withall they in this Act prescribe a specialloath to the Treasurers Not to issue out any moneys without the Warrant of the Councell of war under their hands And another oath to the Councell of warre To make no Warrant for any moneys issued which are given by this Act but for some of those ends which are expressed therein and that to the best of their meanes they should imploy the said moneys accordingly and that freely without requiring any reward or allowance whatsoever Which presidents with others forementioned made His Majesty return this Answer to the Petition of the Lords and Commons touching the Articles delivered February 2. 1641. For the securing you from all dangers or jealousies of any His Majesty will be content to put in all the places both of FORTS and MILITIA in the severall Counties such persons as both Houses of Parliament shall either approve or recommend unto Him so that you declare before unto His Majesty the names of the persons whom you approve or recommend unlesse such persons shall be named against whom He shall have just and unquestionable exception And thus much by way of supplement touching the Militia Concerning the Parliaments interest and right in electing and removing the Officers of the realme and the Kings meniall servants I shall onely adde these Precedents to the forementioned In the Parliament rolls â—4 E. 3. Nâ—m 1. Foure Bishops foure Earles and foure Barons were assigned to the King without whose consent or of foure of them no great businesse was to be transacted 14 E. 3. Num. 36. in the Parliament rolls The Parliament agreeth that the Duke of Cornwall be Custos of England during the Kings absence in the warres of France In the Parliament rolls of 1 R. 2. Num. 18. 19. The Commons requested first that it would please the King to ordaine and nominate to them now in this present Parliament some sufficient persons of divers estates to be continually resident of his counsell for the affaires of the King and of the realme and to have the Officers of the King of such persons who best knew and would and might most diligently travell for the redresse of the foresaid mischiefes and the good government and salvation of the realme so that the Commons may be clearely ascertained of the names of those Counsellors which shall be disbursers and orderers of that which they shall grant for the warres and thereby to have greater encouragement to doe to our Lord the King that which they have in charge concerning him as is aforesaid Also that it would please them to ordaine and nominate in this Parliament the persons which shall be about or have the custody of the person of our Lord the King himselfe who is of such tender age and that those persons shall be of the most vertuous honestest and sufficientest of the Realm so that our said Lord who is a person sacred and anointed be nobly governed and brought up in good vertues and manners to the pleasure of God whereby all the Realme may be secured and amended and that it be likewise orâ—dained that our Lord the King and â—is house be governed with good moderation and defray his expences onely out of the revenues of the Realme and other rights and seigniories of his Crowne And that all that which shall be granted to our Lord the King in maintenance of his wars shall be applied and expended in the warres and no part thereof otherwise in aid and discharge of his said commonaltie In the Parliament of 11. Richard 2. Num. 23. The Commons pray That no person of what state or condition he be should meddle with any manner of governance about the person of our Lord the King nor with the businesses of the Realm nor yet to councell our Lord the King but those Lords which are assigned and ordained in this present Parliament if it be not by ordinance of the continuall Councell and by assent of our Lord the King upon grievous paine And the same Lords which shall bee about the person of our Lord the King and of his Councell shall cause to remove all the persons which they think sit to remove in the houshold of our Lord the King without shewing favour to any and to put others in their places whom they shall think sufficient and vertuous And that the said Lords of the Councell be charged to keep and sustain the estate of our Lord the King in ' its regalty and to doe and use that which may turne to the honour and profit of our Lord the King and of his Realme to their power according to the form of the Oâ—â—h contained in a Schedule made in this present Parliament annexed hereunto to the intent that it may be notoriously known thorowout all the Realme that good and sufficient Councell is about the person of our Lord the King to the comfort of all his Commons and firme assurance and establishmeâ—t of the Realme aforesaid the which Oath was made in forme ensuing You shall swear That you will not assent nor yet suffer as much as in you lieth That any Judgement 〈◊〉 or Ordinance made or given in this present Parliament be any way annulled reversed or repealed in any time to come and moreover That you shall keep the good Laws and usages of the Realme afore these times made and used and shall firmely keep and cause to be kept good peace quiet and tranquillity in the Realm â—according to your power without disturbing them in any manner So helpe me God and his Saints The Answer As to the first point of this Article the King wilâ— it And as to the second point If there be any Lord of the Councell or other Lord of the Realme which will informe the King That he hath any person about him not sufficient nor honest he wils that it being proved he shall be outed and removed and another sufficient by his advice put in his place In the Parliament of 5. Henry 4. Num. 16. Upon certain prayers and requests made before by the Commons divers times touching the removing of divers persons as well aliens and others by reason of
divers destructions by them moved and for certaine Articles appointed by the Lords upon the charges given to them by our Lord the King in Parliament and by the said Lords it was specially accorded That four persons to wit the Kings Confessor the Abbot of Done Master Richard Derham and Crosseby of the Chamber shall be quite ousted and voided out of the Kings house whereupon the ninth of February the said Confessor Master Richard and Crosseby came before the King and Lords in Parliament and there the King in excusing the said four persons said openly that he knew not by them any cause or occasion in speciall for which they ought to bee removed from his houshold notwithstanding our said Lord the King well considered that what the said Lords and Commons shall do or ordaine was for the good of him and of his Realme and therefore he would conforme himselfe to their intentions and did well agree to the said Ordinance which charged the said Confessor Master Richard and Crosseby to avoid his said Court and like charge should have beene given to the said Abbot had he been present And our Lord the King said further That he would doe the like with any other which was about his royall Person if he was in hatred or indignation with his people And Numb 37. To the end that good and just government and remedy may bee made of divers complaints grievances and mischiefs shewed to our Lord the King in this Parliament our Lord the King to the honour of God and upon the great instances and requests to him divers times made in this Parliament by the Commons of his Realm for the ease and comfort of all his Realme hath ordained certain Lords and others underwritten to be of his great and continuall Councell to wit the Archbishop of Canterbury the Bishop of Lincolne Chancellour of England the Bishops of Rochester Winchester Bath and Baâ—gor the Duke of Yorke the Earles of Sommerset and Westmerland the Lord Roos Treasurer of England the Keeper of the Great Seale the Lord Berkley the Lord Willoughby the Lord Furnevall the Lord Lovell Mounsier Pierce Courtney Master Hugh Waterton Master Iohn Cheyne Master Arnald Savage Iohn Northbury Iohn Doreward Iohn Cawsou In the Parliament of 7. 8. Henry 4. Numb 31. The 22. day of May the Commons came before the King and his Lords in Parliament and then Iohn Tibetot their Speaker reheased how they had prayed the King in the beginning of the Parliament and after to increase the number of his Councell for the better government of the Realme and prayed the King to put it in execution and further rehearsed how that the Archbishop of Canterbury had reported to them That the King would be counselled by the most sage Lords of the Realme the which ought to have the survey of all that which shall be done for the good government of this Realme which thing the King agreed to doe and rehearsed with his own mouth That it was his entire will And thereupon a Bill made by the King himselfe by his own will was delivered containing the names of the Lords which shall be of his Councell the tenour of which Bill ensueth It is to bee remembred that our Lord the King considering the great labours occupations and diligence which he ought necessarily to imploy about the good government of his Realme and other his possessions as well on this side the Sea as beyond it First of all for the preservation of our Lord the King and of his Crowne and that the revenues of the same may be the better collected to his profit and increase as much as a man may jâ—â—rly doe to the end that he may the better sustaine his honourable estate And secondly for the confirmation of the Lawes and Statutes of the Realme to the end that equall right may be done to every one as well poor as rich Our Lord the King of his proper and good will desirous to be supported in the foresaid causes because that he cannot attend thereunto in proper person so much as he would for the great love and good affiance which he hath among others in the most reveâ—end Fathers in God the Archbishop of Canterbury the Bishops of Winchester and Excester the Duke of Yorke the Earle of Somerset the Lord Roos the Lord Burnet the Lord Lovell the Lord Willoughbie the Chancellour Treasurer and Keeper of the privie Seale the Steward and Chamberlaiue Master Hugh Waterton Master Iohn Cheyney and Master Arnald Savage hath chosen and charged them to be of his counsell praying and commanding them that in all the foresaid causes they will put to their intire diligences for the profit of our said Lord the King and likewise for the confirmation of the Laws and Statutes aforesaid In the Parliament of 2. Henry 6. num 15. After divers speciall requests of the Commons of the Realme being in the present Parliament made to my Lord of Glocester Commissary of the King and to other Lords Spirituall and Temporall there for to have notice and conusance of the persons assigned and elected to be of the Kings Councell to their great ease and consolation By advice and assent of all the Lords Spirituall and Temporall aforesaid were elected and named certaine persons as well spirituall and temporall to be Councellours assistant to the governance of the Realm whose names here ensue The Duke of Glocester the Archbishop of Canterbury the Bishops of London Winchester Norwich Worceâ—â—er the Chancellour Treasurer and Keeper of the privie Seale the Duke of Excester the Earle of March the Earle of Warwick the Earle Marshall the Earle of Northumberlâ—nd the Earle of Westmerland the Lord Cromwell the Lord Fitz Hâ—gh the Lord Bourchier the Lord Scroop Master Walter Hungerford Master John Tiptoff â—homas Chaucer William Allington In the Parliament of 29. Henry 6. num 6. Vpon the Petition of the Commons against divers Lords Bishops Knights Esquires and others to the number of 29. who mis-behaved themselves about the royall Person of the King and in other places by whose only meanes it was suggested the Kings possessions had been greatly diminished his Laws not executed the peace of the Realm not observed to the great hurt and trouble of the liege people of the Realm and likely subversion of the same of which misbehaviour universall noise and clamour was openly received thorowout all the Realme upon the same persons specified in the Petition all of them except the Lords and some few others without further evidence against them were by the King now removed from his presence and Court for a whole yeeres space within which time any man that could and would object against any of them should be patiently heard and intended to Those few fresh Presidents added to the precedent and to such forraign examples of this nature cited in the Appendix will abundantly cleare the Parliaments right and Kingdoms interest in nominating placing and displacing the great Officers of the Kingdom and
in regulating the Kings own meniall servants in some cases when they either corrupt or mis-counsell him And thus much touching the unhappy differences between the King and Parliament concerning matters of his own royall Prerogative The Parliaments Right and Iurisdiction to impose Taxes and Contributions on the Subjects for the necessary defence of the Realm Laws Liberties without the King in case of the Kings wilfull absence from and taking up Arms against the Parliament and Kingdom briefly vindicated from the calumnies against it THe severall grand Objections of consequence made by the King and others against the Parliaments pretended usurpations upon the just Rights and Prerogatives of the Crowne being fully examined and refuted in the Premises so far I hope as to satisfie all ingenuous men in point of Divinity Policy Law Reason Conscience I shall next proceed to the remaining materiall Accusations which concerne the Subjects onely in regard of Property and Liberty wherein I will contract my Discourse into a narrow compasse partly because the debate of the fore-going Differences between the Kings Prerogative and the Parliaments Soveraigne Jurisdiction hath in some sort over-ruled the Controversies betwixt the Subjects and both Houses representing them partly because these accusations are not so universally insisted on as the former which concerne the King the justnesse of them being generally acknowledged willingly submitted to by most except such who calumniate and traduce them either out of covetousnesse onely to â—ave their Purâ—es or from a groundlesse Malignity against the Parliament or out of a consciousnesse of their owne Delinquencies subjecting them to the Parliaments impartiall Justice or out of some particular interests which concern them in their gains honours preferments or such who by their restraints for not paying Parliamentary Assessements hope to save their purses for the present or to gaine favour and preferment by it for the future If these private sinister ends were once laid by this second sort of accusations would speedily vanish especially with men of publike spirits who prefer the Common-weale before their owne particular interests The first of these Cavillatory Objections against the Parliaments proceedings is That both Houses without the Kings Royall Assent have contrary to Magna Charta the Petition of Right the Statutes De Tallagio non concedendo and other Acts by their Ordinances onely imposed late Taxes on the Subjects amounting to the twentieth part of their estates and since that monethly or weekly Assessements to maintaine a war against the King a grand incroachment on the peoples Properties contrary to all Law and Iustice. This Objection seems very plausible and cordiall to covetous Earth-worms being politikely contrived to Court the close-handed niggardly party by those who are guiltiest in themselves of that they thus object against others But it will easily receive an answer as to the Parliament and recoyle with infinite disadvantage on those that make it First 〈◊〉 anâ—wer That the Parliament is the absolute Soveraigne power within the Realme not subject to or obâ—iged by the letter or intendment of any Laws being in truth the sole Law-maker and having an absolute Soveraignty over the Laws themselves yea over Magna Charta and all other objected Acts to repeale alter determine and suspend them when there is cause as is undeniable by its altering the very common Law in many cases by repealing changing many old Statute Lawes and enacting new ones every Sessions as there is occasion for the publike safety and defence This the practice of all Parliaments in all ages yea the constant course of all Parliaments and Assemblies of the Estates in all forraigne Kingdoms too abundantly manifests The Parliament therefore never intended by all or any of these objected Acts to binde its owne hands but onely the Kings and his Ministers with inferiour Courts of Justice neither is the Parliament within the letter words or meaning of them therefore not obliged by them 2. The King with his Officers Judges and inferiour Courts of Justice only are included and the Parliament is directly excluded out of the very letter and meaning of all these Acts as is apparent First in generall from the occasion of enacting all these Laws which was not any complaints made to the King of any illegall taxes imprisonments or proceedings of our Parliaments to the oppression of the people but onely the great complaints of the people and Parliament against the illegall taxes impositions imprisonments and oppressions of the Subject by the King his Officers Judges and inferiour Courts of Justice as all our Hâ—stories with the Prefaces and words of the Acts themselves attest to redresse which grievances alone thâ—sâ— Lawes were made by the Parliaments and peoples earnest solicitations much against the Kings good will The Parliament then who would never solicit them king of a Law against or to restrain it selfe being cleare out of the orignall ground and mischiefe of enacting these Lawes and the King with his Ministers and inferiou◠〈◊〉 is only within them they can no way extend to the Parliament but to them alone 3. The Parliament 〈◊〉 the making of these Acts hath alwayes constantly enjoyed an absolute right and power without the least dispute of granâ—ing and imposing on the Subjâ—cts whatsoever Taxes Subsidies Aids Confiscations of Goods or restraint of Liberty by temporall or perpetuall imprisonment it thought meet and necessary for the publike defence safety and tranquility of the Realm as the severall Tâ—xes Subsidies and Poll-monies granted by them in all ages the many Statutes enjoyning confiscation of Lands Goods corporall punishments banishments temporary or perpetuall imprisonments for divers things not punishable nor criminall by the Common Law or when Magna Charta and the ancient Statutes in pursuance of it were first enacted abundantly evidence past all contradiction none of all which the King himselfe his Officers Judges or inferiour Courts of Justice can doe being restrained by the objected Acts. Therefore it is altogether irrefragable that the Parliament and Houses are neither within the words or intentions of these Acts nor any wayes limited or restraiâ—ed by them but left as free in these particulars in order to the publike good and safety as if those Acts had never beene made though the King with all other Courts Officers Subjects remaine obliged by them 4. This is evident by examination of the particular Statutes objected The first and principall of all the rest is Magna Charta cap. 29. But the very words of this Law Not We shall not passe upon him nor condemne him but by the lawfull judgement of his Peeres or by the Law of the Land We shall deny nor deferre to no man either Justice or Right compared with the Preface to and first Chapter of it Henry c. know ye that We c. out of meere and free will have given and granted to all Archbishops Bishops Eâ—rles Barons and to all free men of this our Realm of England and by this our present
Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE these liberties underwritten to have and to hold to them and their Heirs OF US AND OUR HEIRS FOR EVERMORE c. together with the whole tenour and title of this Charter and the two last Chapters of it All those customs and liberties aforesaid which we have granted to be holden within our Realme as much AS APPERTAINETH TO US AND OUR HEIRS WE SHALL OBSERVE And for this our gift and grant of those Liberties c our Subjects have given us the fifteenth part of all their moveables And We have granted to them on the other part that NEITHER WE NOR OUR HEIRS shall procure or doe any thing whereby the Liberties in this Charter contained shall be infringed or broken We confirme and make strong all the same FOR US AND OUR HEIRS PERPETUALLY not the Parliament All these I say infallibly demonstrate that this Statute of Magna Charta did never extend unto the Parliament to restraine its hands or power but onely to the King his Heirs Officers Courts of Justice and particular subjects So that the Parliaments imprisoning of Malignants imposing Taxes for the necessary defence of the Realm and seizing mens goods or imprisoning their persons for non-payment of it is no wayes within the words or intent of Magna Charta as Royallists and Malignants ignorantly clamour but the Kings his Officers Councellours and Cavallâ—ers proceedings of this nature are cleerly most direct violations of this Law And that which puts this past dispute are the severall Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right it self all which expresly resolve that this very objected Law of Magna Charta extends onely to the King himselfe his Privy Councell Iudges Iustices Officers and inferiour Courts of Iustice but not unto the supream Court of Parliament which no man for ought I finde ever yet held to be absolutely obliged by it before the Kings late recesse from Parliament The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or leavied BY US AND OUR HEIRS not the Parliament in our Realme without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free men of the Land which the Statute of 25. Edward 1. thus explains But by the common consent of the Realme The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus If it be not by common consent of the Prelates Earles Barons and other great men and Commons of our said Realme of England AND THAT IN PARLIAMENT The Statute of 25. Edward the third cap. 8. thus If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT The Statute of 36. Edward the third cap. 11. thus That no Subsidie nor other charge be set nor granted upon the Woolls by the Merchants nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT The Statute of 45. Edward 3. cap. 4. thus it is accorded and stablished That no imposition or charge shall be put upon Woolls Woollsels or Leather other then the custome and subsidie granted to the King WITHOUT THE ASSENT OF THE PARLIAMENT and if any be it shall be repealed and holden for none And the Petition of Right 3. Caroli thus By which Statutes and other good Statutes of this Realm your Subjects have inherited this freedom that they should not be compelled to contribute any Taxe Tallage Custome Aidâ— or other like charge not set BY COMMON CONSENT IN PARLIAMENT Now it is as evident as the noonday sunshine that these Acts onely extend to the King his Heirs Councell Officers inferiour Courts and private Subjects onely and that the Parliament is precisely excepted out of the very intent and letter of them all having free power to impose on the Subjects what Aids Taxes Tallages Customes and Subsidies the shall deem meet by the expresse provision of all these Laws concerning the granting and imposing of Subsidies Therefore by the direct resolution of these Acts the Kings his Councellors present contributions assessements and ransoms imposed on the Subjects are illegall against the letter and provision of all these Acts but the Parliaments and Houses lawfull approved and confirmed by them True will Royallists and Malignants answer who have no other evasion left but this If the King were present in Parliament and consenting to these contributions and taxes of the twentieth part there were no doubt of what you alleage but because the King is absent and not only disassents to but prohibits the payment of this or any Parliamentary Assessements by his Proclamations therefore they are illegall and against these Laws 1 To which I answer First that the King by his Oath duty the ancient custom and Law of the land ought of right to be alwayes present with his Parliament as he is now in point of Law and not to depart from it but in cases of urgent necessity with the Houses free consents and then must leave Commissoners or a Deputy to supply his absence This is not onely confessed but proved by a Booke lately printed at Oxford 1642. with the Kings approbation or permission intituled No Parliament without a King pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested That Kings were and ought to be present in their Parliaments which I have formerly cleared If then the King contrary to these Presidents his Oath Duty the Laws and Customs of the Realme the practice of all his Progenitors the rules of nature which prohibit the head to separate it selfe from the body and will through the advice of malignant Councellours withdraw himselfe from his Parliament yea from such a Parliament as himselfe by a spceiall Act hath made in some sort perpetuall at the Houses pleasure and raise an Army of Papists Delinquents Malignants and such like against it and that purposely to dissolve it contrary to this very Law of his for its continuance why this illegall torâ—ious act of his paralleld in no age should nullifie the Parliament or any way invalid its Imposicions or Proceedings for their own the Kingdoms Peoples and Religions preservation all now indangered transcends any reasonable mans capacity to apprehend 2 The right and power of granting imposing assenting unto Assâ—ssements Taxes Suosiâ—iâ—s and such like publique charges in Parliament for the publique safety rests wholly in the Commons and Lords not King and is their owne free act alone depending no waies on the Kings assent nor necessarily requiring his personall presence in Parliament This is evident First by the expresse letter of the forecited Acts No Subsidy Tax Ayde Talleage or Custome shall be set granted taken or leavied but by common consent and grant of the Prelates Earles Barons Knights Burgesses and other free men of the Realme in Parliament or without the assent
Promises Articles Agreements which they never faithfully observe to any in the least degree and all this to ruine the Kingdom People Parliament and Religion yet they justifie these their actions and the Parliament People must not controule nor deem them Traytors to their Country for it And may not the Parliament then more justly impose a moderate in-destructive necessary taxe without the King for the Kingdoms Religions and Peoples defence and preservations against their barbarous Taxes Plunderings and Devastations then the King or his Commanders Souldiers play such Rex and use such barbarous oppressions without yea against the Parliaments Votes and consents Let them therefore first cease their own most detestable unnaturall inhumane practises and extortions of this nature and condemn themselves or else for ever clear the Parliament from this unjust Aspersion The last Objection against the Parliament is That they have Illegally imprisoned restrained plundered some Malignants and removed them from their habitations against Magna Charta the Fundamentall Laws forenamed and the Liberty of the Subject contrary to all Presidents in former Ages To which I answer First That the Objectors and Kings party are farre more guilty of this crime then the Parliament or their Partisans and therefore have no reason to object it unlesse themselves were more innocent then they are Secondly For the Parliaments imprisoning of men pretended to be against Magna Charta I answer first That the Parliament is not with in that or any other Law against imprisonments as I have formerly cleered Therefore is not obliged by it nor can offend against it Secondly That it hath power to imprison restrain the greatest Members of their own Houses though priviledged men exmept from all other arrests and publike persons representing those that sent them thither Therefore much more may they imprison or restrain any other private persons notwithstanding Magna Charta And the Parliament being the supreamest Iudicaturo paramount all other Courts their commitments can not be Legally questioned determined nor their prisoners released by Habeas Corpus in or by any other inferior Court or Judicature whatsoever 3. The Parliament hath power to make new Laws for the temporall and perpetuall imprisonment of men in mischievous cases where they could not be imprisoned by the Common Law or any other Act before or since Magna Charta and so against the seeming letter of that Law w ch extends not to the Parliament and what persons they may restrain imprison by a new enacted Law though not restrainable before by a Magna Charta or the Common Law without breach of either they may whiles they sit in case of publike danger restrain imprison by their own Authoritie without or before a new Law enacted In how many new Cases by new Statutes made since Magna Charta the Subjects may be lawfully imprisoned both by Judges Justices Majors Constable and Inferiour Courts or Officers whereas they could not be imprisoned by them by the Common Law before these Acts without breach of Magna Charta and violating the Subjects Liberties you may read in the Table of Rastals Abridgements of Statutes and in Ashes Tables Title Imprisonment and False-Imprisonment Yea by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Mary cap. 3. 5. and 6. cap. 1. Eliz. cap. 2. with others Acts perpetuall imprisonment during life is inflicted in some cases for which no imprisonment at all could be prescribed before these Acts and for crimes for which the parties were not formerly punishable yet for the publike weale peace safety and prevention of private mischiefs even against the Letter as it were of the great Charter the Parliament hath quite taken away all liberty the benefit of the Common Law and of Magna Charta it self from parties convicted of such offences during their naturall lives and if they bring an Habeas Corpus in such cases pretending their perpetuall imprisonment and these latter Laws to be against Magna Charta they shall notwithstanding be remanded and remain prisoners all their dayes because the Parliament is above all Laws Statutes yea Magna Charta and may deprive any Delinquents of the benefit of them yea alter or repeal them for the common good so farre as they see just cause Though neither the King nor his Counsell nor Iudges nor any Inferiour Officers or Courts of Iustice have any such transcendent power but the Parliament alone to which all men are parties really present and allowing all they do and what all assent to decree for the common good and safetie must be submitted to by all particular persons though never so mischievous to them this being a Fundamentall Rule even in Law it self That the Law will rather suffer a private mischief then a generall inconvenience Seeing then the Parliament to prevent publike uproars sedition treachery in or against the Kingdom Cities Houses or Counties where factious persons live hath thought meet to restrain the most seditious Malignants especially these about London and Westminster where they sit and to commit them to safe custody till they receive some good assurance of their peaceable behaviour they must patiently suffer their private restraints for the common safety tranquility till the danger be past or themselves reformed who if they reform not their own malignity not the Parliaments cautelous severity themselves must be blamed since they detain themselves prisoners only by not conforming when as the Parliament desires rather to release then restrain them if they would be regular and so they must blame themselves alone not clamour against the Houses All Leprous persons by the Leviticall and Common Law were to be sequestred and shut up from others least they should infect them and so all persons visited with the Plague by late Statute Laws may be shut up without breach of Magna Charta Why then not Malignant seditious ill affected persons who infect others in these times of Commotion and Civill Warres as well as Leapers and Plague sick persons removed into pest-Pest-houses for fear of spreading the Infection upon the self-same grounds by the Houses Authority The Parliament by an Ordinance Act or Sentence hath Power to banish men out of the Kingdom in some cases which no other Court nor the King himself can lawfully dâ— as was expresly resolved in Parliament upon the making of the Sâ—atute of 35. Eliz. cap. 1. as is evident by the case of Thomas of Weyland An. 9. E. 1 Of Peirce Gavâ—ston and the two Spencers in King Edward the second his raign Of the Lord Maltravers in Edward the third his raign Of Belknap and divers over Iudges in the 10 and 11 yâ—ers of Richard 2. his reign by the Statutes of 33. El. c. 1. Separatists and of 39. El. c. 5. Rogues are to be banished and in Calice heretofoâ—â— a woman might be justly banished the Town for adultery and a scould
who after examination appointed six of themselves to acquaint the Duke That the Realme before time had beene misguided by ill Officers and except remedy for it were shortly found it should stand in perill to be lost wherefore they besought him to discharge all such as they would name unto him and over that to forfeit their Goods to the Kings use And first they name Peter Archbishop of Roaâ— Chancellor of France Sir Simond de Bury chiefe Counsellor of the King and Parliament too Sir Robert de Lorize before time Chamberlaine to the King Sir Nicholas Brake Master of the kings Palaces Engueram Burgesse of Paris under Treasurer of France Iohn Pryll Soveraigne of the money Kings accounts and Iohn Channeon Treasurer of the Kings wars All which Officers they would should be discharged all royall Offices for ever Also they would that the King of Naverne then imprisoned by the King of France should be set free and that Duke Charles himselfe would be contented to be advised and counselled by such as they should appoint unto him namely by foure Prelates twelve Knights and twelve Burgesses which eight and twenty persons should have authoritie to rule and ordaine all things necessary for the Realme to set in and put out all Officers appertaining to the Realme with divers other requests which unto the Duke were nothing agreeable Vpon which requests the Duke gave answere That he would counsult with his Councell and thereupon would shape unto them some reasonable answere But first he desired to know what aide the three Estates would give unto him for delivery of his Father Whereunto was answered that the Clergie had given a disme and a halfe to be paid in a yeare with that that they may have license of the Pope and the Lords as much to be levied of their lands and the Commons the tenth penny of their moveable goods The morrow following the Duke and his Councell met and after many Messages betweene them and the three Estates offers to reforme some part of the Articles But the Estates firmely answered That unlesse he would reforme all the said faults and confirme the said Articles to their minde for the Common-wealth of all the Land they should not aide him with their Goods like as they shewed him The Duke hereupon secretly acquainted King John of these proceedings who wrote to him againe that in no wise he should agree to the said requests and to the end that these matters should not be touched in open Parliament he deferred the debate of them from day to day and at last by advice of his Councell disâ—olved the Parliament of the three Estates and commanded every man to returne home without any effect of their long counsell Wherewith many of the said persons were grievously miscontent saying among themselves that they perceived well this was done by the Duke to the intent the requests by them devised should not take place but that the old misgovernance might continue like as before times it had done Wherfore divers of them assembled againe at the Gray Fryers and there made out divers Copies of the said requests to bear them into their Countries and shew them unto the good Townes And albeit the Duke after this Councell thus disolved asked ayde of the Citie of Paris and other good Townes to maintaine his wars he was plainly answered That they might not ayde him unlesse the three Estates were againe reassembled and that the grant of the ayde might passe by their authority Whereunto the Duke in no wise would agree In the mean time the 3 Estates of Languedock assembled in their Province by the Earle of Armenake the Kings Lieutenant to make ayde for the Kings deliverance agreed to purvey at their proper costs 500 men at Armes with a furniture to every speare and a 1000 souldiers on horsbacke 1000 Arbalestres and 2000 others called Gunsiers all which to be waged for a whole yeare and farther ordained that no man should weare any furres of great price that women should leave the rich attire off their heads and weare neither pearle nor gold upon them nor silver in their girdles and that all manner of Minstrelsie should be put to silence so long as the King remained prisoner The Duke and his Counsell after this proclaimed at Paris certaine coynes and values of money newly ordained by them with which Proclamation the Commons of the City were grievously moved And for reformation the Provost of the Merchants with others rode to the Earle of Angeou the Dukes Brother and Lieutenant who was then absent at Meaux requesting him to cease the use of that money And if not they would use such meanes that it should not be suffered to be put forth nor taken within the City Whereupon after long debate it was agreed that the money should be stopped till the Dukes pleasure was knowne Vpon whose returne the Dukes counsell sent for the Provost and desired him to suffer the said money to run and be currant throughout the said City Which the Provost with his company utterly denyed and after many great and bold words departed from the Counsell in great ire and after their returne unto the City incensed so the Commonalty that they set apart all workmanship and Occupation shutting in their Shops and drew unto their Armour and Harnes The Duke informed of this murmure of the Commonalty of the City straitly commanded the Provost that the Kings peace were kept within the City and that he with certaine Citizens should appeare at the Palace before him and his Counsell the next day at an houre assigned at which time the Provost with his company came and were conveyed into the Parliament Chamber where the Duke and his Counsell were present Then the Duke after certaine Challenges made to the Provost for his obstinacy and misleading the Commonalty of the City said That albert the King by his Prerogative might at his pleasure and for his advantage make his monies when he would and so to suffer them to be currant thorow his Realme yet for the weale and ease of his Subjects considering their manifold and late charges he was content that at this season this new money should be spared and that the 3. estates should be againe assembled and that they should deprive all such persons then bearing Offices as they should thinke prejudiciall to the Realme and over that to ordaine such Money as might be beneficiall for the Land Of all which Grants the Provost to the intent that he might of authority shew them unto the Commonâ—lty of the Citie deâ—â—ed a writing The which the Duke to appease the people though it were much contrary to his minde and his pleasure granted unto his request The thirtieth day of Ianuary ensuing the Duke at the request of the said Provost sent certaine Officers to the houses of Simon de Burg and others accused of misgoverning of the Realme whose houses the said Officers seized and made Inventories of their goods That done
THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Divided into FOVRE PARTS Together with AN APPENDIX Wherein the Superiority of our owne and most other Foraine Parliaments States Kingdomes Magistrates collectively considered over and above their lawfull Emperours Kings Princes is abundantly evidenced confirmed by pregnant Reasons Resolutions Precedents Histories Authorities of all sorts the contrary Objections re-felled The Treachery and Disloyalty of Papists to their Soveraignes with their present plots to extirpate the Protestant Religion demonstrated And all materiall Objections Calumnies of the King his Counsell Royallists Malignants Delinquents Papists against the present Parliaments proceedings pretended to be excceding Derogatory to the Kings Supremacy and Subjects Liberty satisfactorily answered refuted dissipated in all parâ—iculars By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Gal. 5. 1. Stand fast therefore in the Liberty wherewith Christ hath made you free and be not intangled againe with the yoke of bondage Psalm 2. 10 11. Be wise now therefore Oye Kings be instructed ye Iudges of the earth serve the Lord in feare and rojoyce with trembling It is this second day of August 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke Intituled The Soveraigne power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. TO THE Right Honourable Lords Commons Assembled in and continuing Constantly with this present PARLIAMENT both in Person and Affection ETernally Renowned Senators and most cordiall Philopaters to Your bleeding dying dearest Country from which no menacing Terrors of armed Adversaries nor flattering Promises of hypocriticall Court-friends could hitherto divorce your sincerest Affections and withdraw your undefatigablest Industries in the least degree to its betraying or enslaving I here humbly prostrate to your most mature Iudgements and recommend to your Highest Noblest Patronage this Quadruple Discourse OF THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES now at last compacted into one intire Body though formerly scattered abroad in dismembred Parts rather out of necessity to gratifie others then conveniency to content my selfe in which as Your Honours have the greatest Interest so it is just and equall You should enjoy the absolutest Propriety being compiled by Your Encouragement Printed by Your Authority published for Your Iustification to vindicate your indubitable ancient Soveraign Priviledges from the unjust Detractions Your legall necessary late Proceedings from the malicious false unjust Aspersions of those Royallists Malignants intemperate Pens Tongues Who like naturall bruite beasts made to be taken and destroyed speake evill of the things they understand not and shall perish in their owne corruption Cursed children who have forsaken the right way and are gone astray following the way of Balaam the sonne of Bosor who loved the wages of unrighteousnesse but was rebuked for his iniquity I must ingenuously confesse that the Subject matter and grand publicke Differences betweene King Parliament yea betweene most Kings and Kingdomes in the world herein debated are of such an extraordinary rare transcendent nature of such infinite universall consequence weight concernment yea so full of dangerous Precipes Rockes if not inextricable difficulties on either hand as might justly require not onely one person of the exquisitest judgement Heroicallest Spirit greatest experience deepest Policy absolutest abilities vastest knowledge in all kindes of Learnings States Governments and most exempt from all other imployments that might interrupt him in these kindes of Studies but even an whole Parliament or Oecumenicall Councell of the most experienced ablest learnedest wisest Statists in the Universe and many yeares most advised consideration exactly to ventilate and determine them Which consideration might have justly daunted yea quite deterred me the meanest of ten thousand furnished with no competent abilities and having scarce one vacant houre but what I have borrowed from my naturall rest to accomplish so vast an undertaking from this most difficult weighty publicke service sufficient to sinke the strongest Hercules if not Atlas himselfe the worlds supporter But yet the Goodnesse the Commonnesse of the Cause which concernes our whole three Kingdomes Parliaments Religion and every one of our well-beings in this present world the deare affection I beare to my native Country Religion Posterity Parliaments and your Honours the defect of other Advocates to plead this publicke Cause seconded with the private earnest intreaties which were as so many Commands to me of some Members of Your Honourable Assembly to undertake this weighty taske their authorizing my rude Collections for the Presse were such strong exciting ingagements to me to undertake this difficult imployment that I chose of two extreames rather to discover mine owne insufficiency in an impotent speedy discharge of this great service so farre transcending my weake indowments than to shew any want of sincerity or industry in deserting this grand Cause in a time of need It beeing one chiefe Article of my beliefe ever since I first read the Scriptures and Tullies Offices That I was principally born for my Countries good next to Gods glory involved in it Upon which ground I have ever bent all my Studies to promote it what I might though to my particular losse and disadvantage The sole end I aime at in these Treatises is the re-establishment of my bleeding expiring Countries endangered Liberties Priviledges Rights Lawes Religion the curing of her mortall wounds the restauration of her much desired Peace in truth and righteousnesse the supportation of Parliaments the onely Pillars Bulwarkes of our Church State Lawes Liberties Religion in their perfect lustre and full Soveraigne Authority the removall of those present grievances differences Warres arising principally from ignorant or wilfull mistakes of the Parliaments just Priviledges and the Kings due Prerogatives which threaten present ruine to them all for whose future prosperity security I could with Moses and Paul heartily wish my selfe to be blotted out of the Booke of life and to be accursed from Christ neither count I may life limbes liberties or any earthly comforts deare unto me so I may any wayes promote Gods glory and the publike welfare And certainely had the most of men in publike places but Heroicke publike Spirits as I make no doubt all Your Honours have byassed with no private Interests or base selfe-respects studying nothing but the common-good our present unnaturall warres would soone be determined our greatest differences easily reconciled our foraine Irish French Walloon Popish Forces brought in to cut our English Protestants and their Religions throats before our faces at which horrid spectacle I wonder all English spirits rise not up with unanimous indignation in stead of joyning with them easily expulsed our remaining Grievances speedily redressed our disordered Church Reformed our Pristine Peace and Prosperity restored yea entayled to us and our Posterities for ever whereas the private selfe-ends selfe-interests of some ambitious covetous malicious treacherous timerous publicke persons who serve no other Deity Majesty or
Republicke but themselves alone have most shamefully imbroyled betrayed and endangered both our Kingdoms Parliaments Liberties Religion Properties yea all the blessings we formerly enjoyed whose names and memories shall be ever execrable to all Posteritie upon Earth their Soules Bodies eternally tortured in hel without repentance for this their inhumane unchristian Treachery and Realme-destroying Church-subverting selfe-seeking detestable both to God and Men. To conjure downe such base degenerous private spirits to the infernall pit or else to elevate and inflame them with great heroicke publike thoughts there is nothing more effectuall in my weake apprehension than the well-grounded knowledge serious study and full vindication of such publike Truthes concerning Publike Governement and the Soveraigne Iurisdiction of Parliaments Kingdomes Magistrates People as are here debated ratified freed from those blacke aspersions of sedition faction rebellion treason conspiracy mutiny singularity disloyalty and the like which sordid Sycophants selfe-seeking Monopolists Courtiers Royallists or malignant Delinquents have most injuriously cast upon them to delude the world which long obscured Truthes though they may seeme dangerous Paradoxes and upstart Enthusiasmes at the first proposall to many ignorant seduced Soules kept over long in Cymmerian darkenesse by those Aegyptian taske-masters who have studyed to increase and perpetuate their bondage Yet upon serious examination will prove to be most ancient indubitable Verities universally received beleeved practised by most Realmes and Nations in the Universe from the beginning of Monarchy till this present and the contrary received opinions to be but the vaine empty Braine-sicke lying fancies of a few illiterate impolitick Court-Chaplaines Lawyers Sycophants who never dived into the Principles Constitutions Lawes Histories of States and Realmes or into the true originall grounds of Regall Regnall Popular or Parliamentary Iurisdictions and writ onely to flatter Princes to purchase honour gaine or favour to themselves without any respect at all to Verity or the Common good which never entred into their narrow private thoughts What entertainement these New-published common Truthes are like to find in Court and elsewhere among many men I may easily conjecture by that ingrate requitall Your Honours have received from them for all your faithfulnesse paines cost diligence service for the Publike safety Never did any Parliament in England deserve halfe so well as this for their indefatigable labours night and day almost three whole yeares space together for the Common good Yet never was any halfe so ill requited Never did any demerit greater publike applause never any underwent halfe so many vile Libellous reproaches slanders of all sorts even for well-doing and that not onely in vulgar Discourses but in Presse and Pulpit too Never did Parliament in any age sit halfe so long or doe halfe that worke or get any such publike establishment as this and yet all our Parliaments put together were never so much opposed traduced secretly conspired against or openly assaulted with armed violence to dissolve and ruine them as this one alone against whom not onely the Pope with all his Antichristian Members at home and abroad but which is almost a Miracle not formerly heard of in any age both King Queene Prince Privy Counsellors Courtiers yea divers Nobles and Members of both Houses contrary to their owne Protestations have utterly deserted it yea bent all their policies wits Forces together to dissolve and null it and in it all future Parliaments as no Parliament at all but as an Assembly of obstinate refractory Traytors and Rebels when as all your Actions Proceedings Declarations Protestations proclaime you nothing lesse yea the best-deserving Parliamentary Assembly that ever this Nation was blessed with and those Heroicke Champions who have lately regained resetled as farre as humane Lawes and Ordinances can secure them our lost at least decayed Liberties Lawes Priviledges Religion in despite of all oppositions and utterly suppressed that confederated Triumvirate of the Counsel-chamber Starchamber and High-Commission which had almost enthralled us in more than Aegyptian bondage and resolved to detaine both us and our Posterity under it without the least hopes of any enfranchisement Never were there halfe so many publike regall Protestations Declarations Proclamations Oathes Remonstrances solemnely made and published to the world for the inviolable preservation of all just Rights and Priviledges of Parliament as there have beene in this and yet never were there so many apparent violations of the undoubted Rights and Priviledges of Parliament in all former ages whatsoever as in this one Parliament onely now at last so far affronted by open Proclamation even against an Act of Parliament passed by the King and both Houses when fullest to be Proclaimed to the world No Parliament at all but a meere factious seditious Conventicle Which how inconsistent it is with other former Oathes Protestations let all wise men judge However this may be some good incouragement to your Honours and My selfe too that if all his Majesties solemne Printed Protestations Oathes Proclamations Remonstrances to his people and all the world with deepest imprecations on himselfe and his Posterity to maintaine the Lawes and Liberties of the Subject the just Priviledges and power of Parliaments and Protestant Religion to the utterrmost be as cordially as really intended as they are pretended your Honourable proceedings and these my polemicall Discourses really defending vindicating the indubitable Priviledges of Parliaments the Subjects Liberties Lawes and our Religion against all Opposites whatsoever cannot but finde most gracious acceptation with his Majesties owne person yea with all his Counsellors Courtiers Cavalliers who beare any sincere affection either to the Parliaments Priviledges their Countries Liberties or Religion which all doubt an Army of English Irish Outlanding Papists will hardly fight for or maintaine but really subvert if possible However Your Honours kinde favourable entertainment and Noble Patronage of these my unworthy publicke Labours of which I cannot doubt accompanyed with the consciousnesse of my owne sincerity and loyalty in the whole contexture of them though some out of malice envy or flattery may and will misconster them as they have done other of my Writings to my great dammage and danger shall be a sufficient Sanctuary to secure both Me and them against all adverse Powers and Detractions whatsoever and if I chance to suffer any future hard measure of what kinde soever for doing my Country or Your Honours the best and faithfullest service I am able I shall repute it my greatest honour my chiefest felicity and chearefully undergoe it through Gods assistance not as a Crosse of infamy but a Crowne of Glory And so much the rather because your Honours have formerly taken up this Magnanimous resolution yea sealed it with solemne publike Coveâ—ants and Protestations to live and dye in the just defence of your Priviledges Country and Religion never so much indangered banded against by foraigne and domesticke Papists Atheists as now and never to desert them whiles you have one drop of blood in your veines or any breath
thou hast thus done let nought but naked Truth resolve thy Conscience and regulate all thy future Actions services both towards thy God King Country in such sort That glory may dwell in our land that mercy and truth may meet together righteousnesse and peace may kisse each other once more in our Nation and God may now at last speake peace unto his people and to his Saints So Truth shall spring out of the Earth and Righteousnesse shall looke downe from Heaven Yea the Lord shall give that which is good and our Land shal yeeld her increase Righteousnesse shall goe before him and shaâ—â— set us in the way of his steps And the worke of Righteousnesse shall be Peace and the effect of righteousnesse quietnesse and assurance for ever And we being Gods people shall dwell in a peaceable habitation and in sure dwellings and in quiet resting places Yea we shall beate our swords into Plow-shares and our Speares into Pruning-hookes Nation shall not lift up sword against Nation neither shall they learne warre any more But wee shall sit every man under his Vine and under his Figge-tree and none shall make us afraid The effecting the restoring of which sweete blessed Harmony of Peace and quietnesse throughout our kingdome hath beene one principall end of this my Labour which takes away the pretended causes the nourishing fewell of our present unnaturall contentions and destructive bloody warres Entertaine it therefore with that Candidnesse and Ingenuity as becomes the cordiallest Endevours of a reall unmercenary Philo-pater who hath freely done and suffered many things and is still prest to doe and suffer all things for his dearest Countries service in an honourable lawfull Christian way though he receive no other Guerdon than the losse of all his earthly comforts and a new addition to his former sufferings That saying of Symmachus hath been encouragement enough to me Saluti publicae dicata industria crescit Merito cum caret Praemio which I wish were more considered and better practised by some degenerous Mercenary spirits in these sad times who receive great wages and doe little worke refusing to stirre either hand or foote upon any advantage or necessary occasion to preserve their Native Country from desolation before they have pursed up their undemerited pay and yet even then perchance sit still It is a basenesse not onely farre below Christianity but Humanity it selfe for men especially those of publicke place and abilities to preferre their owne private ends before the publicke safety their particular gain before the commonweale when the whole kingdome lyeth at stake But I hope Heroicke English Spirits will learne more generous resolutions and Activity in times of such extremity and that those whom it most concernes will take timely notice That sordid Mercenaries are the greatest falsest Cowards Christ himselfe resolving what poore what ill service they will do in dayes of tryall Joh. 10. 12 13. He that is an Hireling seeth the Wolfe comming and leaveth the Sheepe and FLEETH and the Wolfe catcheth them and scattereth the Sheepe The hireling fleeth because he is an hireling and careth not for the Sheepe He loves onely his Wages not his Charge his Duty God discover and amend all such or else speedily discard them That so all ayming onely at the publique good and Tranquility we may eft-soone procure enjoy the same to our greatest consolation The Treachery and Disloyalty of Papists to their Soveraignes both in Doctrine and Practise WHen I seriously consider the memorable Preamble of 3. Iac. ch 4. That it is found by daily experience that many of his Majesties Subjects who adhere in their hearts to the Popish Religion by the infection drawne from thence and by the wicked and divellish counsell of Iesuites Seminaries and other persons dangerous to the Church and State are so farre perverted in the point of their loyalties and due obedience unto the Kings Majesty and the Crowne of England as they are ready to entertaine and execute any Treasonable Conspiracies and Practices as evidently appeares by that more then barbarous and horrible attempt to have blowne up with Gunpowder the King Queene Prince Lords and Commons in the House of Parliament assembled tending to the utter subversion of the whole State lately undertaken by the instigation of Iesuites and Seminaries and in advancement of their Religion by their Schollars taught and instructed by them for that purpose With the Statutes of 35. Eliz. ch 2. and 3. Iacob ch 5. which Enact That all Popish Reeusants shall be restrained to some certaine places of abode and confined to their private houses in the Country and not at any time after to passe or remove above five miles from thence under paine of forfeiting all their Lands Goods and Chattels during life That none of them shall remaine within ten miles of the City of London nor come into the Court or house where his Majesty or Heire apparent to the Crowne of England shall be nor have in their owne houses or in the hands or possession of any other at their disposition any Armour Gunpowder or Munition of what kinde soever And all this for the better discovering and avoyding of such Trayterous and most dangerous Conspiracies Treasons Practises and attempts as are daily devised and practised against our most gracious Soveraignes Person and the Commonweale by rebellious and trayterous Papists And when I read in two of King Iames his Proclamations That those adhering to the profession of the Church of Rome are blindly led together with the superstition of their Religion both unto some points of Doctrine which cannot consist with the loyalty of Subjects towards their Prince and oft times unto direct actions of conspiracies and conjurations against the State wherein they live as hath most notoriously appeared by the late most horrible and almost incredible conjuration grounded upon points of Doctrine in that Church held and mantained and contrived and practised with the privity and warrant of many of the principall Priests of that profession to blow up our children and all the three States in Parliament assembled And when we consider the course and claime of the Sea of Rome we have no reason to imagine that Princes of our Religion and profession can expect any assurance long to continue unlesse it might be assented by the mediation of other Princes Christian that some good course might be taken by a generall Councell free and lawfully called to plucke up those rootes of dangers and jealousies which arise for cause of Religion as well betweene Princes and Princes as betweene them and their Subjects and to make it manifest that no State or Potentate either doth or can challenge power to dispose of earthly Kingdomes or Monarchies or to dispence with Subjects obedience to their naturall Soveraignes Which was never yet attempted much lesse effected And in the Booke of Thanksgiving appointed for the fifth of November set forth by King Iames and the Parliaments speciall
Crowne deposed him renounced their allegiance to him and set up his sonne King Edward the third in his Throne as you may reade at large in Walsingham Polychronicon Caxton Fabian Grafton Hollinshead Speed Stow Howes Daniel Mr. Fox and others who have written the History of his life In the yeare 1341. the 15. of Edward the third his reigne the Popish Lords Prelates and Commons in Ireland summoned a Parliament there by their owne authority without and against the Kings or Deputies consents wherein they framed divers Questions and Articles against the Kings Ministers there imployed which the Irish Annals record at large refusing to appeare at the Parliament there summoned by the Kings authority and Officers I reade in the Statute of 21 R. 2. c. 12. and our Historians have a touch of it That the Duke of Glocester and the Earles of Arundel and Warwicke assembled forcibly and in great number at Harengy and so came in such manner forcibly to the Kings Palace at Westminster arraied in manner of marre that the King might not then resist them without great perill of his body and destruction of his people so that by coertion and compulsion the said Duke and Earles made the King to summon a Parliament at Westminster the morrow after the Purification of our Lâ—dy the eleventh yeare of his reigne Which Parliament so begunne the said Duke and Earles in such forcible manner continued and in the same did give many and divers judgements as well of death of man as otherwise upon divers of the Kings liege people and did give judgement of forfeitures of lands tenements goods and cattels whereof they be convict of high Treason and also for certaine questions which were demanded by the King touching his estate and regality of certaine of his Iudges then at Notingham the same yeare And for their answers of the same given to the King upon the same questions the same Iustices were forejudged of their lives and judgement given against them of forfaiting their Lands Goods and Chattels and the said Duke and Earles made divers Statutes and Ordinances in that Parliament at their will the summons whereof was made expressely against the right of the Kings Crowne and contrary to the Liberty and Franchese of his person and Royall estate Whereupon it was by this packed over-awed Parliament and Act annulled revoked and holden as none as a thing done without Authority and against the will and liberty of the King and the right of his Crown Yet it continued in full force for 10. yeares space during which time there were 8 Parliaments held which would not repeale it and by the Parliament in 1 H. 4. c. 3 4. this Parliament of 21 R. 2. was repealed with all the circumstances and dependants thereof the Parliament and Statutes of 11 R. 2. Revived and 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 this Realme After this in the 23 yeare of King Richard the third when he had yeelded himselfe prisoner to Henry Duke of Lancaster the Duke comming with him to London sent out summons for a Parliament to be holden the last of September in the Kings name sore against his will and enforced him first to resigne his Crowne unto him and afterwards caused him to bee judicially and solemnely deposed by consent of all the States of the Realme in Parliament for certaine abuses in his Government objected against him The whole manner of which resignation deprivation and proceedings you may reade at large in our Histories These Popish Prelates Lords and Commons enforcing their Kings to summon all these Parliaments with others which I pretermit might seeme to have some legall colour from the ancient Law of King Alfred who in an assembly of Parliament Enacted this for a perpetuall Custome That a Parliament should be called together at London TWICE EVERY YEARE OR OFTNER in time of Peace to keepe the people of God from sin that they might live in peace and receive right by certaine usages and holy judgements And from the Statutes of 4 E. 3. c. 4. 36 E. 3. c. 10. backing this ancient Law which enact That for the maintenance of the Lawes and Statutes and redresse of divers mischiefes and grievances which daily happen a Parliament shall be holden EVERY YEARE ONCE and MORE OFTEN IF NEED BE. Now these Lawes would have beene meerely voyd and ineffectual if these Kings who were obliged by their Coronation Oathes to observe them refusing to call a Parliament as often as there was need or at least once every yeare according to the purport of these Lawes might not be constrained by their Nobles Prelates people to summon them in case they peremptorily refused to call them of their owne accords or upon the motion or petition of their Counsell Lords and Commons Whereupon in the Bill newly passed this Session for a Trienniall Parliament for time to come there is speciall provision made how the Parliament shall be summoned and convented by the Lords Commons and great Officers of the Realme themselves without the Kings concurrent assent though by his Writ and in his name in case of his neglect or wilfull refusall to summon one within that time Neither is this a thing unusuall in other parts In the Generall Councell of Nice An. 363. Canon 5. it was decreed That a Councell should be held TWICE EVERY YEARE in every Province to regulate the affaires and abuses of the Church The Councell of Antioch Can. 20. appoints two Councels to be held every yeare in every Province the one the third weeke after Easter the other upon the 15. of October to heare and determine all Ecclesiasticall causes and controversies And in the 1. Councell of Constantinople Can. 3. The Councell of Africke Can. 18. Pope Leo the first in his Decretall Epistles Epist. 4. c. 17. The Counsell of Chalcedon Can. 19. the third Counsell of Toledo under King Reccaredus An. 600. cap. 18. the fourth Counsell of Toledo under King Sisenandus An. 681. The Greeke Synods Collected by Martin Bishop of Bracara cap. 18. the second Counsell of Aurelia Can. 2. the third at the same place Can. 1. and the fourth Can. 37. the second Synod of Towres Can. 1. the fifth Counsell of Aurelia cap. 22. the Counsell at Hereford under King Egfred An. 670. in Beda's Ecclesiast Hist. l. 4. t. 5. Pope Gregory the first in his Decretall Epistles lib. 7. Registri Epist. 110. the sixt Counsell of Constantinople Can. 8. the Counsell of Antricum Can. 7. the Counsell of Maseon Can. 20. Pope Gregory the third his Decretall Epistles The Synod of Suessons under King Childeric the Counsell under King Pepin at the Palace of Vernis An. 755. cap. 4. The Counsell of Paris under Lewis and Lothaire An. 829. l. 3. cap. 11. The Counsell of Melden An. 845. cap. 32. With sundry other Counsells decree that a
lived in the time of Charlemayne under the Reigne of King Lewis called Sanctus when France was in her flourishing Estate and the Princes and Lords were of souple nature ranking with the termes of duty and obedience the Parliaments were ruled and assured at certaine seasons of the yeare For in times of Peace foure Parliaments were holden yearely or three at the least And the same was used under the Reigne of his Sonne Philip the Hardy Third of the name In the time of Philip de Bel. his Sonne King of France and Navarre they were reduced to two Parliaments yearely according to the ancient custome One in Winter and the other in Summer during Peace and but one in Winter during Warre It appeareth neverthelesse by the Registers of the Court that by hinderance of warre against the Rebellious Flemmings there was not any Parliament during some yeares And the King by his Ordinance dated the Munday after Mid-lent An. 1302. set downe in the Register of ancient Orders of Parliament fol. 45. Willed that for the commodity of his Subjects there should be every yeare two Parliaments at Paris and in other Provinces as Andrew Favin Records By which it is apparent that Parliaments in France Spaine and other kingdomes were not arbitrarily called at the Kings free pleasures as seldome as they pleased but frequently summoned every yeare once twice or more at certaine seasons publike Acts of Parliament for the better government of these Realmes redresse of grievances and preservation of the peoples Liberties against all royall encroachments on them In Germany though Diets and Assemblies of the States be commonly made by the Emperours and in their names yet we find that the Princes Electors and Estates have assembled not onely without but against the Emperours consents when they saw good cause and not onely questioned but deposed their Emperours and elected new in their steads of which there are sundry precedents in the lives of Ludovicus pius Henry the 1 4 5 6 7. Frederickes Barbarossa Charles the Grosse Winceslaus Philip Otho the fourth Ludovicus Bavarus and others In this regard therefore of forcing Kings to summon Parliaments so frequent with Popish Prelates Peeres Subjects both in our owne and other Realmes our present Protestant Parliament and all others since the Reformation have beene more moderate and dutifull then those in times of Popery heretofore or then the Popish Rebels in Ireland are now who have lately at Kilkenny held a kinde of Parliament erected new Lawes and Officers of Iustice enacted new Lawes and Ordinances as well Civill and criminall as Martiall and done as much herein without the Kings assent or Commission as our King and Parliament could doe if conjoyned Fourthly Our Popish Barons Prelates and Commons have refused to meete in Parliament when the King hath summoned them by his Writ An. Dom. 1233. King Henry the third summoned his Earles and Barons to appeare at a Parliament at Oxford where the King now resides but they all joyntly sent him an expresse message that they would not come upon his summons for that the Kings person went guarded with Poictovines and other strangers who swayed and miscounselled him as ill Counsellors doe now the King so as they could not there appeare with safety at which message the King grew very angry resolving that they should be once twice and thrice summoned to appeare Whereupon Roger Bacon who usually preached before the King freely told him That if he did not remove from him Peter Bishop of Winchestor and Peter de Rivallis his malignant Counsellors he could never be quiet And Roger Bacon a Clergy man also of a pleasant wit seconding Roberts advise told the King that Petrae and Rupes were most dangerous things at Sea alluding to the Bishops name Petrus de Rupibus The King hereupon comming a little to himselfe and taking that good advise of Schollers which he would not of his Peeres summons another Parliament to be holden at Westminster giving the world to know withall that his purpose was to amend by their advise whatsoever was to be amended But the Barons considering that still there arrived more and more strangers men of warre with Horse and Armes as now alas we see they doe and not trusting the Peictovine Faith as we have now cause to mistrust the perfidious papists and malignant Cavaliers and seeing no footsteps of peace our present condition refused to come at the appointed day sending the King word by solemne Messengers that he should without any delay remove Peter Bishop of Winchester and the other Poictovines out of his Court which if he refuâ—ed they all of them by the common consent of the whole kingdome would drive him with his wicked Counsellors out of the Kingdome and consult about creating a new King These things thus acted the King was much dejected in mind and all his Court too hanging downe their heads and fearing not a little lest the errors of the Sonne should become worse then the Fathers errors whom his Subjects indeavouring to depose from his Royall Throne almost detruded him to that name which was given him by a certaine presage Iohn the Banished Wherefore he could easily have beene drawne to redeeme the love of his naturall Liegemen with the disgrace of a few strangers But the Bishop of Winchester with other his ill Counsellors and Poictovine Cavaliers counselled him to take up Armes against his rebellious Subjects as they stiled them and to give their Castles and Lands to them who would defend him and the kingdome of England from these Traytors The Counsell now given to his Majesty by his ill Counsellours and Cavaliers hereupon the King inclining to the worser part raiseth an Army of Poictovine foraine Souldiers which came to him being sent for out of Flanders from whence the King now hath many old Souldiers and Commanders sent him seiseth a Manour of Guilbert Bassets a Noble man given him by King Iohn calling him Traytor when he demanded it sets downe a day wherein all his Lords he suspected should deliver him sufficient pledges of their loyalty and being at Glocester with his Army whither the Lords refused to come being required the King thereupon as if they were Traytors burnes their Manors destroyes their Parkes and Ponds besiegeth their Castles and without the judgement of his Court and of their Peeres denounceth them exiles and banished men gives their Lands to the Poictovines and adding griefe to griefe wound to wound commanded their bodies to be apprehended where ever they were within the kingdom he likewise sends a defiance to the Earle Marshall whose Lands he had wasted who thereupon understood himselfe discharged of that obligation by which he was tyed to the King and free to make his defence Whereupon he seeing neither Faith nor Oath nor Peace to be kept by the King or his ill Counsellours who contrary to their promise and Oath refused to deliver up his Castle which they promised to render to him
the confiscation of their goods and inheritances Whereupon getting into greater favour and power then before puffed up with their good successe and new honours they discontented not onely the Nobles but Queene too who going over into France with her sonne the Prince whose lives these favorites attempted She raised an Army beyond the Seas and returning with it into England most of the Lords and Commons resorted to her and fell off from the King who being destitute of friends and meanes demanded assistance of the City of London whose answer was That they would honour with all duty the King the Queene and Prince but would shut their gates against Foreiners and Traytors to the Realme and with all their power withstand them And under the name of Iohn of Eltham the Kings second sonne whom they proclaimed Custos of the City of the Land they got the Tower of London into their possession placing and displacing the Garrison and Officers therein as they pleased The King hereupon after he had commanded all men to destroy and kill the Queenes partakers none excepted but her selfe her sonne and the Earle of Kent and that none upon paine of death and losse of all that they might lose should aide or assist them and that he should have a 1000. l. who did bring the Lord Mortimers head fâ—ies to Bristol in the Castle whereof the elder Spenâ—er was taken by the Queenes Forces and without any formall tryall cruelly cut up alive and quartered being first at the clamours of the people 〈◊〉 and hanged in his proper armour upon the common Gallowes without the City After which the King forsaken of all his Subjects flies into Wales for shelter where he was taken prisoner and then by his Lords and Parliament forced to resigne his Crowne to his son confessing That for his many sins he was fallen into this calamity and therefore â—ad the lesse cause to take it grievously That he much sorrowed for this that the people of the kingdome were so exasperated against him that they should utterly abharre his any longer rule and Soveraignty and therefore he besought all there present to forgive and spare him being so afflicted Soone after he was murthered in Baâ—kly Castle And so the sicknesse and wounds which the Common-wealth sustained by his ill raigne upon the change of her Physitian recovered not onely health and strength but beauty also and ornament writes Iohn Speed After all this King Richard the second in the ninth yeare of his reigne summoned a Parliament wherein Michael de la Pole Earle of Suffolke for cheating the King was put from his Lord Chancellorship of England by the Parliament and the Sealâ— taken from him against the Kings will and given to Thomas Arundell Bishop of Ely Whereupon both the Houses gave halfe a tenth and halfe a fifteene to be disposed of as the Lords thought fit for the defence of the Realme The Parliament was no sooner dissolved but the King recals de la Pole and other ill Counsellors to the Court shewing them greater favour then before In so much that at Christmas the King made de la Pole sit at his owne table not in the usuall garment of a Peere but of a Prince out of a stomacke and hatred against the Peeres whom from thenceforth be never regarded but feiuedly and then fals to plot the death of the Duke of Glocester and other Nobles who opposed his ill Counsellors For which purpose he appoints a meeting at Nottingham Castle with a few persons generally ill-beloved ill-adwised and ill-provided The course agreed upon by the King and that ill-chosen Senate was first to have the opinion of all the chiefe Lawyers who saith Speed seldome faile Princes in such turnes concerning certaine Articles of Treason within whose nets they presumed the reforming Lords were and if the Lawyers concluded those Articles contained Treasonable matters then umder a shew of justice they should be proceeded against accordingly The Lawyers who were the very men which in the last Parliament gave advice to the Lords to do as they did now meeting were demanded Whether by the Law of the Land the King might not disanull the Decrees of the last Parliament They joyntly answered he might because he was above the Lawes a most apparent errour confessing that themselves had in that Parliament decreed many things and given their judgement that all was according to Law which they acknowledged to be altogether unlawfull The King thus informed appointeth a great Councell at Nottingham and withall sends for the Sheriffes of Shires to raise Forces against the Lords who denyed saying that they could not raise any competent forces or Armes against them the whole Counties were so addicted to their favours and being further willed to suffer no Knights to be chosen for their Shires but such as the King and his Councell should name they answered that the election belonged to the Commons who favored the Lords in all and would keepe their usuall customes a good precedent for our present Sheriffes whereupon they were dismissed Then were the Lawyers and Judges Robert Trefilian and his companions called before the King to determine the judgements of Treasons against the Lords to be legall and to set their Seales thereto which they did Meane time the King and Duke of Ireland sent messengers to hire what Forces they could That they might stand with them if need were against the Lords in the day of battle Many of which answered that they neither could nor would stand against the Lords whom they knew for certaine intimately to love the King and to endevour all things study all things doe all things for his honour yet many out of simplicity thinking themselves to be hired promised to be ready upon the Kings notice The Lords hearing of these proceedings were much sadded being conscious to themselves of no guilt worthy the Kings so great indignation The Duke of Glocester sent his purgation upon Oath by the Bishop of London to the King who inclining to credit the same was in an evill houre diverted by De la Pole The Duke hereupon makes his and their common danger knowne to the rest of the Lords upon which they severally gather Forces that they might present their griefes to the King How he favoured Traytors not onely to them but to the Publique to the imminent danger of the Realme unlesse it were speedily prevented The King on the other side by Trayterous Counsellours advise sought how to take them off single before they were united but in vaine by reason their party was so great Meane time some peaceable men procured that the Lords should repaire safe to Westminster and there be heard Thither approaching they are advertised by some who had sworne on the Kings behalfe for good dealing to be used during the interim that in the Mewes by Charing-Crosse a thousand armed men which without the Kings privity Sir Thomas Trivet and Sir Nicholas Brambre knights were reported to have laid for
but being apprehended and brought backe to the Parliament in the forenoone had sentence to be drawne to Tiburne in the afternoone and there to have his Throate cut which was done accordingly The King seeing these proceedings by advise of his ill Counsellors absented himselfe from his Parliament and sent Michael de la Pole then Lord Chancellor to demand foure fifteenes in his name of the Commons for that without lesse he could not maintaine his estate and outward warre To which the body of the Parliament made answer that without the King were present they would make therein no answer and that unlesse the King would remove him from his Chancellorship they would no further meddle with any Act this Parliament The King upon this sent to the Commons that they should send to Eltham where he then lay 40. of the wisest and best learned of the Commons who in the name of the whole House should declare unto him their minde Upon which message the House were in more feare then before for there went a talke that the King intended to betray divers of them which followed not his minde either that way or at a banquet appointed to be made purposely at London if Nicholas Exton the Mayor of London would have consented thereunto at which time the Duke of Glocester should have beene taken Wherefore the Lords and Commons assembled together agreed with one assent that the Duke of Glocester and Bishop of Ely should in the name of the whole Parliament be sent to the King to Eltham which was done and the King well pleased that they should come When they came into his presence they most humbly saluted him and said Most high and redoubted Soveraigâ—e Lord the Lords and Commons of this your Parliament assembled with most humble subjection unto your most royall Majesty desire your most gracious favour so that they may live in tranquillity and peace under you to the pleasure of God and wealth of the Realme On whose behalfe we also shew unto you that one old statute and landable custome is approved which no man can deny That the King our Soveraigne Lord may once in the yeare lawfully summon his high Court of Parliament and call the Lords and Commons thereunto as to that which is the highest Court of this Realme In which Court all equity and justice must shine even as the Sunne when it is at the highest whereof poore and rich may take refreshing where also must be reformed all the oppressions wrongs exactions and enormities within the Realme and there to consult with the wise men for the maintenance of the Kings estate And if it might be knowne that any persons within the Realme or without intended the contrary there also must be devised how such evill weeds might be destroyed There also must be studyed and soreseene that if any charge doe come upon the King and his Realme how it may be well and honourably supported and sustained Hitherto it is thought by the whole Realme that your Subjects have lovingly demeaned themselves to you in ayding you with substance to the best of their powers and they desire to have knowledge how and by whom these goods be spent One thing resteth yet to declare in their behalfe unto you how that by an old Ordinance they have an Act if the King absent himselfe forty dayes not being sicke but of his owne minde not heeding the charges of his people nor their great paines will not resort to his Parliament they then may lawfully returne home to their houses And now Sir you have beene absent a longer time and yet refuse to come amongst us which greatly is our discomfort And our Parliaments present case To this the King answered by these words Well we doe consider that the people and Commons goe to rise against us wherefore we thinke we can doe no better than to aske ayde of our Cosin the French King and rather submit us to him than to our owne Subjects The Lords answered Sir that Counsell is not best but a way rather to bring you into danger For it is well knowne that the French King is your ancient enemy and your greatest adversary and if he set foot once within your Realme he will rather dispoyle you invade you and depose you from your estate Royall than put any hand to helpe you c. And as that King cannot be poore that hath rich people so cannot he be rich that hath poore Commons And all these inconveniences be come by the evill Counsell which are about you And if you put not your helping hand to the redresse of the premises this Realme of England shall be brought to nought and utter ruine which clearely shou'd be laid to your default and in your evill Counsell Seeing that in the time of your Father this Realme throughout all the world was highly esteemed and nothing ordered after these wayes Wherefore we be sent unto you to exhort you to sequester all such persons as might be the occasion of ruine either of you or else of your Realme By these good perswasions the King was appeased and promised within three dayes after to come to the Parliament and to condescend to their Petitions And according to his appointment he came Where soone after Iohn Fordham Bishop of Durham was discharged of the Treasurourship and the Bishop of Hereford set in his place De la Pole was put from his Chancellourship for dive scrimes frauds briberies and treasons by him committed to the prejudice of the King and his Realme committed to the Tower and fined twenty thousand Markes to the King in relieving of the Commons Divers other Judges knights Delinquents of all sorts were condemned executed others banished and their states confiscated others put out of Offce by this Parliament as you may read in our Histories and in the Statutes at large in which Statutes the mischievous effects of these evill Counsellors to King kingdome and people are at full related whereby the King and all his Realme were very nigh to have beene wholly undone and destroyed the Lords raising of Forces against them resolved to be lawfull and these traytorous Delinquents made uncapable of any pardâ—n and their raising of Armes against the Parliament and kingdome though with the Kings owne consent and his command declared and enacted to be high Treason These proceedings ratified and assented to in Parliament by the King much against his will wrought an intolerable secret hatred and desire of revenge in his heart against the Lords which for want of power he concealed neare ten yeares space but in the twentyeth yeare of his Reigne being somewhat elevated in his spirit with a rumour that he should be elected Emperour he suddenly apprehended the Duke of Glocester the Earles of Warwicke and Arundell the chiefe sticklers in the premises committing them to severall prisons And to blinde the peoples eyes lest they should rise up in Armes to rescue these Lords the King sent out
subject to Legall Ceremonies So therefore the King lest his power should remaine unbridled there ought not to be a greater than he in the Kingdome in the exhibition of Justice yet he OUGHT TO BE THE LEAST or AS THE LEAST IN RECEIVING JUDGEMENT if he require it That a King is created and elected by whom but by his kingdome to this purpose to doe justice unto all That a King cannot doe any thing else in earth seeing he is Gods Minister and Vicar nisi id solum quod de jure potest but that onely which he can doe by Law That God the Law and his Court to wit the Earles and Barons in Parliament are above the King and ought to bridle him and are thence called Comites because they are the Kings Companions Fleta an ancient Law-booke written in King Edward the third his Reigne l. 3. c. 3. 17. useth the selfe-same words that Bracton doth and concludes That the King hath a Superior to wit God and the Law by which he is made a King and his Court of Earles and Barons to wit the Parliament Fortescue a Lawyer Chancellour to King Henry the sixt proves at large That the King of England cannot alter nor change the Lawes of his Realme at his pleasure for why be governeth his people by power not onely Royall but Politique If his power over them were royall onely then he might change the Lawes of his Realme and charge his Subjects with tallage and other burthens without their consent and such is the Dominion the Civill Lawes purport when they say The Princes pleasure hath the force of a Law But from this much differeth the power of a King whose Government over the people is Poâ—itique For HE CAN NEITHER CHANGE the LAW without the consent of his Subjects NOR YET CHARGE THEM WITH STRANGE IMPOSITIONS AGAINST THEIR WILL. Wherefore his people doe frankely and freely enjoy and recover their owne goods BEING RULED BY SUCH LAWES AS THEMSELVES DESIRE neither are they pilled off their their owne King or any other Like pleasure also should the Subjects â—ave of a King ruling onely by Royall power sol ong as he falleth not into tyranny St. Thomas in the Booke he wrote to the King of Cyprus justifieth the State of a Realme to be such that it may not be in the Kings power to oppresse his people with tyranny which thing is perfomed onely when the power Royall is restrained by power Politique Rejoyce then O Soveraigne Prince and be glad that the Law of the Realme wherein you shall succeed is such for it shall exhibit and minister to you and your people no small security and content Chap. 10 11 12. He showes the different sorts of Kings or kingdomes some of greater others of lesser power some elective others successive proceeding meerely from the peoples free consents and institution and that the ancient Aegyptian Aethiopian and other Kings were subject to and not above their Lawes quoting sundry passages out of Aristotle concerning the originall of kingdomes Chap. 13. He proceeds thus A People that will raise themselves into a kingdome or other Politique body must ever appoint one to be chiefe Ruler of the whole body which in kingdomes is called a King In this kinde of Order as out of an Embryo ariseth a body naturall ruled by one head because of a multitude of people associated by the consent of Lawes and communion of wealth ariseth a kingdome which is a body mysticall governed by one man as by an head And like as in a naturall body the heart is the first that liveth having within it blood which it distributeth among the other members whereby they are quickned semblably in a body Politique THE INTENT OF THE PEOPLE is THE FIRST LIVING THING having within it blood that is to say Politique provision for the Utility and wealth of the same people which it dealeth forth and imparteth AS WELL TO THE HEAD as to the Members of the same body whereby the body is nourished and maintained c. Furthermore the Law under which a multitude of men is made a people representeth the forme of sinews in the body naturall because that like as by sinews the joyning of the body is made sound so by the Law which taketh the name a Ligando from binding such a Mysticall body is knit and preserved together and the members and bones of the same body whereby is represented the soundnesse of the wealth whereby that body is sustained doe by the Lawes as the naturall body by sinewes retaine every one their proper function And as the head of a body naturall cannot change his Sinewes nor cannot deny nor with-hold from his inferiour members cheir proper powers and severall nourishments of blood SO NEITHER CAN THE KING who is the head of the Politique body CHANGE THE LAWES OF THAT BODY nor with-draw from the said people THEIR PROPER SUBSTANCE AGAINST THEIR WILLS OR CONSENTS For such a King of a kingdome politique is made and ordained for THE DEFENCE OF THE LAWES OF HIS SUBJECTS and of their bodies and goods WHEREUNTO HE RECEIVETH POWER OF HIS PEOPLE SO THAT HEE CANNOT GOVERNE HIS PEOPLE BY ANY OTHER LAW Chap. 14. be addes No Nation did ever of their owne voluntary minde incorporate themselves into a kingdome FOR ANY OTHER INTENT BUT ONELY TO THE END that they might thereby with MORE SAFETY THEN BEFORE MAINETAINE THEMSELVES and enjoy THEIR Goods free from such misfortunes and losses as they stood in feare of And of this intent should such a Nation be defrauded utterly IF THEIR KING MIGHT SPOYLE THEM OF THEIR GOODS WHICH BEFORE WAS LAWFULL FOR NO MAN TO DOE And yet should such a people be much more injured if they should afterwards be governed by Foraine and strange Lawes and such peradventure as they deadly hated and abhorred and most of all if by those Lawes their substance should be diminished for the safeguard whereof as also for their honour and of their owne bodies THEY OF THEIR OWNE FREEWILL SUBMITTED THEMSELVES TO THE GOVERNEMENT OF A KING NO SUCH POWER FREELY COULD HAVE PROCEEDED FROM THEM and yet IF THEY HAD NOT BEENE SUCH A KING COULD HAVE HAD NO POWER OVER THEM And Chap. 36. f. 86. He concludes thus The King of England neither by himselfe nor his Ministers imposeth no Tallages Subsidies or any other burthens on his Lieges or changeth their Lawes or make new ones without the concession or assent OF HIS WHOLE KINGDOME EXPRESSED IN HIS PARLIAMENT Thus and much more this Learned Chancellour in point both of Law and Conscience sufficient to stop the mouthes of all Malignant Lawyers and Royalists being Dedicated to and approved by one of our devoutest Kings and written by one of the greatest and learnedest Officers of the Kingdome in those dayes In few words Raphael Holinshed Iohn Vowell and others in their Description of England Printed Cum Privilegio resolve thus of the Parliaments power This House HATH THE
MOST HIGH AND ABSOLUTE POWER OF THE REALME for thereby KINGS AND MIGHTY PRINCES HAVE FROM TIME TO TIME BEENE DEPOSED FROM THEIR THRONES and Lawes are enacted and abrogated Offenders of all sorts punished and corrupted Religion either disanulled or reformed It is THE HEAD AND BODY OF ALL THE REALME and the place where every particular man is intended to be present if not by himselfe yet by his Advocate and Atturney For this cause any thing that is there enacted is not to be withstood but obeyed of all men without contradiction or grudge and to be short all that ever the people of Rome might doe either Centuriatis Comitiis or Tribunitiis the same is and may be done by the Authority of Parliament Now the Romans in their Assemblies had power to enact binding Lawes to create and elect their Kings and Emperours and likewise to judge censure and depose them to create and elect all kindes of Officers and to change the very forme of their State and Government as I shall hereafter manifest Therefore by these Authours resolution the Parliament hath an absolute power to doe the like when they see just cause Sir Thomas Smith one of the Principall Secretaries of State of King Edward the 6. and Queene Elizabeth and a Doctor of Law in his Common-wealth of England l. 2. c. 1. in the old but 2. in the last Edition hath the same words in effect with Holinshed and addes that the Parliament giveth forme of Succession to the Crowne c. Our Kings Royall power being then originally derived to them conferred on them by the Peoples and kingdomes common consents in Parliament and all their new additionall Prerogatives too as the premises evidence it cannot be denyed but that the whole kingdome and Parliament are really in this sense above him and the most Soveraigne primitive power from whence all other powers were and are derived Fourthly This is undeniable because the whole kingdome in Parliament may not onely augment but likewise abridge allay abolish and resume some branches of the Kings royall power and prerogative if there be just cause as when it becomes onerous mischievous or dangerous to the Subjects inconvenient to or inconsistent with the kingdomes peoples welfare peace safety Liberty or the Lawes This is most apparent by Magna Charta Charta de Foresta Statutum De Tall agio non concedendo Articuli super Chartas Confirmatio Chartarum 1 E. 3. c. 6 7. 2 E. 3. c. 2. 8. 3 E. 1. c. 35. 9 E. 3. c. 12. 5 E. 2. c. 9. 10 E. 3. c. 2 3. 14 E. 3. c. 1. 14. 18 E. 3. c. 8. 25 E. 3. c. 4. Stat. 3. c. 1 2. Stat. 5. c. 8. 11. 36 E. 3. c. 10. 37 E. 3. c. 18. 42 E. 3. c. 3. 10 R. 2. c. 1. 11 R. 2. c. 1. to 7. 1 R. 3. c. 2. 4 H. 4. c. 13. 21 Jac. c. 3. 24. 7 H. 8. c. 3. The Petition of Right 3 Caroli most Statutes against Purveyens Pardons Protections and for regulating the Kings Charters Grants Revenues the Acts made this Parliament against Ship-money Knighthood Forest-bounds Pressing of Souldiers the Star-Chamber High-Commission the Trienniall Parliament the continuance of this Parliament whiles they please with sundry other Acts which restaine abridge repeale resume divers reall and pretended branches of the Kings royall Prerogative because they proved grievous mischievous dangerous pernicious to the people and kingdome This then answers that irrationall groundlesse position of Doctor Ferne That the Subjects neither lawfully may nor ought in any case to resume all or any part of that Regall power wherewith they have once invested their Kings by common consent though it prove never so mischievous and be never so much abused to the peoples prejudice Which as it is contrary to that received principle of nature and reason Eodem modo quo quid constituitur dissolvitur That all Governments created by mens consents especially being but officers in trust for their good and welfare onely to sundry presidents and Prophesies in Scripture concerning the Alterations Subversions Diminutions of Kings and kingdomes to the constant practise of all Realmes all States whatsoever from Adam till this instant who have undergone many strange alterations eclipses diminutions yea Periods of Government to the Resolution of Aristotle and all other Politicians who hold all formes of Government changeable and revocable without any injustice if necessary or convenient So likewise to the very end for which Kings have regall power as well as other Governours and Governements and for which they were ordained to wit their kingdomes peoples welfare safety peace protection c. Salus populi being not onely that Suprema Lex but principall end for which all royall power was instituted by God and Man and to which it must submit in case it becomes incompatible or inconsistent with the publique weale or safety What therefore that learned Father Augustine Bishop of Hippo long since resolved touching the now much contested for Lordly State of Episcopacy which he and neere three hundred African Bishops more were then ready to lay downe for the Churches peace I may fitly apply to the now over-much contended for supposed royall Prerogatives of Kings to effect peace in our State in these times of uncivill military that I say not bloody dissentions raised about them betweene King and Parliament Anâ— vero c. What verily did our Redeemer descend from heaven into humane members and shall we lest his very members he rent in pieces with cruell division feare to dâ—scend out of out Thrones we are ordained Bishops for Christian peoples sake what therefore may profit them for Christian peace that let us doe with our Bishoprickes Quod autem sum propter te sim si tibi prodest non sim si tibi obest What I am I may be for thee if it profit thee I may not be if it be hurtfull to thee If we be profitable servants why doe we envy the eternall gaines of our Lord for our temporall sublimities or Prerogatives Our Episcopall dignity will be more fruitfull to us if being laid downe it shall more unite the flocke of Christ than disperse it if retained If when I will retaine my Bishopricke I disperse the flocke of Christ how is the dammage of the flocke the honour of the Shepherd c. Old statute Lawes yea the common Law of England though above the King and his Prerogative may be and oft are repealed and altered by Parliaments when they become mischievous or inconvenient therefore by like or greater reason may any branches of the Kings Prerogative inferiour to these Lawes be restrained yea resumed when they prove grievous or dangerous to the Subject It is the Kings owne professed Maxime in full Parliament Printed and inrolled by his speciall command in all his Courts That the Kings Prerogative is but to defend the Peoples Liberties when therefore it either invades or subverts them it
may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded and that onely for the publique weale not prejudice of the people The Emperour Otho the first and our King Richard and second as some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subjects blood by civill warres and settle peace within their Realmes and shall not other Kings then most joyfully part with some Punctilioes of their reall or branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The King though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the King by the kingdome and people being the greatest and most considerable part as representing the intire body of the Kingdome Now common reason Law and experience manifests and Aristotle Polit. l. 1. c. 2. with Marius Salamonius de Principatu l. 1. p. 40 41. conclude that the whole or greatest part in all politique or naturall Bodies is of greater excellency power and jurisdiction than any one particular member Thus in all our Corporations the Court of Aldermen and Common Councell is of greater power than the Mayor alone though the chiefe Officer the Chapter of greater authority than the Deane the Deane and Chapter than the Bishop the whole Bench than the Lord chiefe Iustice the whole Councell than the President the whole Parliament then either of the Houses and by like reason than the King especially since one of the three Estates is lesser than the three Estates together who in Parliament by the fundamentall Constitutions of the Realme are not Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination that in an Oligarchie Aristocracie and Democracie whatsoever seemes good to the major part of the Governours of the Common-wealth that is ratified that the whole City Kingdome Family is more excellent and to be preferred before any part or member thereof And that it is unfit the part should be above the whole And in all Courts of Justice Corporations and Elections the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the major part over-swayes the rest yea the King himselfe who hath no absolute negative voyce but onely in refusing to passe some kind of Bills not all of which more hereafter doubtlesse the whole or major part of the Parliament which in Law is the whole is above the King the chiefe member of it Which consideration together with the Statutes of 5 R. 2. State 2. c. 4. 6 H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or proâ—ogued without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke under paine of amercement losse of wages other punishment nor any Member of the Vpper House without that Houses license under paine of inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3 E. 3. 19. Fitz. Coron 161. and Stamford l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament that the King and many of the other Members have wilfully absented themselves from the House of purpose to dissolve it if they could notwithstanding the late speciall Act made by their joynt consents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and Logicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve both Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these absent Members be the greater number why doe they not come and over-vote the rest in the House in a peaceable legall usuall Parliamentary way rather than challenge them into the field in a military illegall unusuall bloody manner unheard of in former ages If the lesser party then present or absent the major part must over-rule them volens nolens as it hath ever used unlesse they will be wilfuller I cannot say wiser than all their predecessors put together As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors so much insisted on by Malignants I answer First That it was without any just cause given by the Parliament Secondly It was much against their wills who have oft importuned petitioned and used all possible meanes to procure his returne Thirdly His absence was procured and is yet continued by those alone who most unjustly taxe the Parliament for it and would take advantage of this their owne wrong Fourthly though he be personally absent as a man yet he is still Legally present in Parliament called the Kings presence as he is a King as he is in all other his Courts of Justice where all proceedings are entred Coram Rege though the King never yet sate personally in either of them as he hath oft times done in this Parliament for the continuance whereof he hath passed such an Act as will inseparably tye his royall presence to it though the Cavaliers about him should be force with-draw his person from it not onely as farre as Yorke but the remotest Indies yea he must first cease to be King of England ere he can be legally absent from his Parliament of England This his wilfull personall absence from his greatest Counsell which desires and needs it is as many conceive an Act of the highest injustice that ever any Prince could offer of his Parliament worse than Rehoboams forsaking the counsell of his ancient Sages to follow the hare-brain'd advise of his young Cavaelieres for though he followed not their ancient prudent counsell yet he with-drew not himselfe from them as his Majesty now severs himselfe from his Parliament not only without but against all precedents of his Royall predecessors except King Richard the second who once absented himselfe from his Parliament above forty dayes yet then returned to it upon better advise and the very common custome and Law of the Land which he is obliged by his Coronation Oath and many late Protestations added to it constantly to maintaine This appeares most clearely by the ancient Treatise Of the manner of holding of Parliaments in England both before and since the
Conquest tendered to and approved by the Conquerour himselfe newly Printed 1641. which in the Section Touching the Kings absence from Parliament resolves thus The King is BOUND by all meanes possible TO BE PRESENT AT THE PARLIAMENT unlesse he be detained or let therefrom by bodily sicknesse and then he may keepe his Chamber yet so as he lye not without the Manour or Towne at the least where the Parliament is held and then he ought to send for twelve persons of the greatest and best of them that are summoned to the Parliament that is two Bishops two Earles two Barons two Knights of the shire two Burgesses and two Citizens to looke upon his person to testifie and witnesse his estate and give Authority to the Arch-bishop of the place the Steward of England and chiefe Iustice that they joyntly and severally should begin the Parliament and continue the same in his name See 8 H. 5. c. 1. Cromptons Iurisdiction f. 13. a. 17. b. according herewith expresse mention being made in that Commission of the cause of his absence there which ought to suffice The reason is because there was wâ—nt to be a cry and murmure in the Parliament for the Kings absence because his absence is hurtfull and dangerous to the whole commonalty of the Parliament neither indeed OUGHT OR MAY HE BE ABSENT BUT ONELY IN THE CASE AFORESAID And whereas Malignants clamour that most of the Lords are absent as well as the King and therefore this can be no lawfull Parliament The same Authour will informe them That if the Lords be once summoned to Parliament and then appeare not or absent themselves the King may hold the Parliament with the Commonalty and Commons of the kingdome every of which hath a greater voyce in Parliament then the greatest Earle in England because he represents a whole County Towne or City the other himselfe alone without Bishops Earles or Barons because in times past before there was either Bishop Earle or Baron yet even then Kings kept their Parliaments but on the contrary no Parliament can be kept by the King and Peeres if all the Commons for the Kings misgovernment or such like cause should absent themselves This is the judgement of Master Iohn Vowel too who writes in this manner Yet neverthelesse if the King in due order have summoned all his Lords and Barons and they will not come or if they come they will not yet appeare or if they come and appeare yet will not doe or yeeld to any thing then the Kings with the consent of his Commons may ordaine and establish any acts or Lawes which are as good sufficient and effectuall as if the Lords had given their consents But on the contrary If the Commons be summoned and will not come or comming will not appeare or appearing will not consent to doe any thing illedging some just weighty and great cause the King in these cases cannot with his Lords devise make or establish any Law The reasons are these When Parliaments were first begun and ordained there were no Prelates or Barons of the Parliament and the temporall Lords were very few or none and then the King and his Commons did make a full Parliament which Authority was never hitherto abridged Againe every Baron in Parliament doth represent but his owne person and speaketh in the behalfe of himselfe alone But in the Knights Citizens and Burgesses are represented the Commons of the whole Realme and every of these giveth not consent onely for himselfe but for all those also for whom be is sent And the King with the consent of his Commons had ever a sufficient and full authority to make ordaine and establish good and wholesome Lawes for the Commonwealth of his Realme Wherefore the Lords being lawfully summoned and yet refusing to come sit or consent in Parliament cannot by their folly abridge the King and the Gommons of their lawfull proccedings in Parliament Thus and more Iohn Vowel in his Order and Vsage how to keepe a Parliament Printed Cum Privilegio And Sir Edward Cooke in his Institutes on Magna Charta proves that the Lords and Peeres in many Charters and Acts are included under the name of the Commons and Commonalty of England But we need not retire to this last doubtfull refuge the Honourable faithfull Lords now present though not so many as could be desired are the intire House of Peeres in judgement of Law as those present at the election of Knights of the Shire or Burgesses though the major part be negligently or wilfully absent are the whole Shire or Burrough and the wilfull absence of the residue though the greater number being contrary to Law contrary to the Priviledges of Parliament and their late Protestations tending to the very subversion of Parliaments for which high contempt they and their Posterities too may justly be disabled for ever to sit as members of that House which they have so dishonourably if not treacherously deserted even as well as Knights and Burgesses whose personall attendance is so necessary that if during the Parliament they absent themselves from it about any businesses of their owne without leave of the House or be so sicke or elected Mayors of a Towne or any other judiciall Officers so as they cannot attend the service of the House they may thereupon be lawfully expelled the House and a new Writ expressing the cause of their removall shall issue for a new election of others in their places to make the House compleat as was resolved by the Commons House 38 H. 8. Br. Parliament 7. can no more disable those now present from being a true and lawfull House of Peeres than the multitudes departing from the true Church of God to the faâ—se disprove it to be the true Church of Christ whose true flocke is but little In a word divers Parliaments have beene kept and held and Acts made without Bishops or Abbots heretofore even while they were reputed members of the Lords House and one of the three Estates in Parliament therefore this Parliament which hath taken away Bishops Votes for ever may be lawfully held notwithstanding any Lords or Commons wilfull absence from it in person who yet as long as they are members of the Parliament shall still be adjudged legally present whether they will or no. One puny Judge in the Courts of Westminster may and doth usually give judgement and make binding Orders though the Chiefe Justice and his fellowes be negligently or wilfully absent Much more then may the Lords and Commons now present doe the like in case of the Kings and other Members wilfull absence of purpose to ruine both Parliament and Kingdome against which they are now in armes and have levyed open warre Sixthly it is most apparent both by Scripture the verdict of all Politicians and writers of note the Statutes of our Realmes and Lawyers that kingdomes Subjects and Parliaments were not created by God for the
and Ministers for the Custody of his Treasure and Peace and proclaimed his Peace throughout the Realme or other remote foraine parts by reason of warres as divers of our Kings heretofore have beene and so unable personally to consent to Lawes no doubt in all such cases the right of creating a Protector to execute regall power summon Parliaments assent to Lawes is onely in the Parliament which may in these cases make any publicke Acts without the Kings personall presence or assent and the assent of the Regent or Protector usually created by them shall as firmely binde the King as if he had personally consented as is evident by all the Acts of Parliament passed during the minority of Henry the third who was but nine yeares old Edward the third who was but thirteen Richard the second who was but eleven yeares of age Henry the sixt who was but nine moneths old Edward the sifth but twelve yeares Henry the eight not eighteene yeares Edward the fixt but nine yeares of age when they began their Reignes and so uncapable of giving any personall consent to Lawes by themselves of which they could not judge but by their Protectors and by all Acts made in the absence of King Richard the first Edward the 1 2 3 4. Henry the 3. 2 3 4 5 6. and others out of the Realme all good and binding Lawes as appeares by 28 H. 8. c. 17. which altered and 33 H. 8. c. 22 which declareth the Law in these particulars A cleare demonstration that the Parliament is the most absolute Supreame power and Law-giver not the King Tenthly The King hath little or no hand in making but onely in assenting to Lawes when they are made by the Houses as the usuall forme of passing Acts Le Royle veult The King wills or assents to it not before but after they have passed both Houses imports which assent of his if the Bils be publike and necessary for the Common good is not meerely arbitrary at the Kings will but the King by Oath and duty is bound to give it and the Lords and Commons may in justice demand it of meere right as I shall shew anon His Royall assent then though it be the last act which compleates Bils and makes them Lawes yet since it is but an assent to a Law formerly made by both Houses which he cannot alter in any point Yea an assent which the King in Honour Law Justice Duty by vertue of his Coronation Oath is bound to give as appeares by the Prefaces of most Statutes the Statute of Provisours 25 E. 3. Parl. 6. 20 E. 3. and other Acts it is so farre from proving the King the Supreame power and Law-giver that it manifests the contrary that this power principally resides in both the Houses not the King Eleventhly The kingdomes Soveraignty and supreame jurisdiction above the King is most apparent by those Coronation Oathes which Parliaments and the kingdome anciently long before or at leastwise in King Edwards dayes before and ever since the Conquest have prescribed to our Kings ere they would accept of them for their Soveraignes of which I shall give you a short account Before the Conquest I read in King Edward the Confessors Lawes not onely the Office but Oath of the King of England whom he and Bracton oft stiles Gods and Christs Vicar upon earth thus excellently described A King ought above all things to feare God to love and observe his Commandements and cause them to be observed through his whole kingdome He ought also to set up good Lawes and customes such as be wholesome and approved such as be otherwise to repeale them and thrust them out of his kingdome Item he ought to doe Iustice and Iudgement in his kingdome by the counsell of the Nobles of his Realme All these things ought the King in his owne person to doe taking his Oath upon the Evangelists and the blessed Reliques of Saints swearing in the presence of the whole State of his Realme as well of the temporalty as of the spiritualty before he be Crowned of the Archbishops and Bishops Three servants the King ought to have under him as Vassals fleshly lust avarice and greedy desire whom if be keepe under as his servants and slaves he shall Reigne well and honourably in his kingdome He must doe all things with good advisement and preâ—â—e ditation and that properly belongeth to a King for hasty rashnesse bringeth all things to 〈◊〉 according to the saying of the Gospell Every kingdome divided in it selfe shall be brought to desolution Master Fox informes us that William the Conquerour through the peoples clamour promised to confirme this King Edwards Lawes but the most part of them be omitted contrary to his Oath at his Coronation Indeed I finde not in William of Maâ—â—esbury Henry Huntingdon Matthew Paris or Westminster that William the Conquerour tooke this Oath at his Coronation but onely that he was received by the Clergie and people at London in great triumph AB OMNIBUS REX ACCLAMATUS and proclaimed King by them all and then Crowned but Roger de Hoveden and Daniel out of him are expresse in point that according to the accustomed forme the Bishops and Barons of the Realme tooke their Oathes to be his true and loyall Subjects and he reciprocally being required thereunto by Aldred Arch-bishop of Yorke who Crowned him made his personall Oath before the Altar of the Apostle Saint Peter in the presence of the Clergy and People That he would defend the holy Churches of God and the Rectors of the same Likewise that he would govern all the people Subject to him justly and with royall providence RECTAM LEGEM STATUERE ET TENERE which referres to future Lawes that he would establish and observe RIGHTEOUS LAWES and that he would utterly prohibit rapines and unjust judgements Nor did he claime any power by Conquest but as a regular Prince submitted himselfe to the Orders of the kingdome desirous to have his Testamentary title howsoever weake to make good his Succession rather than his Sword the flattery of the time onely giving him the Title of Conquerour afterwards but himselfe not claiming it But William soone after forgetting this his solemne Oath did as Speed with others write abrogate for the most part the ancient Lawes of the Land and introduce new hard Lawes of his owne written in the Norman tongue which the people understood not and the Iudges wrested at their pleasures to the forfeiture of Goods Lands Life Hereupon the Nobility and Natives seeking to cast off these snares and fetters of his Lawes set up Edgar Atheling for their King and Generall once again fell into a new conspiracy raising great forces resolving to make the sword their judge The King hereupon by Lanfrankes advise who as Rehoboams sages gave him counsell somewhat to beare with their abuses rather than hazard the ruine of all in fight appointed a meeting at Berkhamsteed Anno
by his Bill exhibited to this Parliament averred had divers times at sundry Parliaments in his time holden said that hee would have his intent and pleasure concerning his owne matters whatsoever betide of the residue and if any withstood his will or minde he would by one meanes or other bring him out of his life And further said to him at Lichfield in the one and twentieth yeare of his raigne that he desired no longer for to live then to see his Lords and Commons have him in as great awe and dread as ever they had of any his Progenitors so that it might bee chronicled of him that none passed him of honour and dignity with condition that he were deposed and put from his said dignity the next morrow after So wilfull was hee as to preferre his will before his Crowne or safety In the yeares 1440. and 1441. Richard Duke of Yorke came into the Parliament House and there in a large Oration laid claime and set forth his Title to the Crowne of England which King Henry the sixth had long enjoyed desiring the Parliament to determine the right of the Title betweene them both sides submitting to their resolution as the proper Iudges of this weighty royall controversie After long debate and consideration of the case among the Peeres Prelates and Commons of the Realme it was finally agreed and resolved by them That in as much as Henry the sixth had beene taken as King for 38. yeares and more that he should enjoy the name and title of King and have possession of the Realme during his naturall life And if he either died or resigned or FORFAITED THE SAME for breaking any part of this concord then the said Crowne authority royall should immediately descend to the Duke of Yorke King Edward the 4. his Father if he then lived or else to the next heire of his line And that the said Duke from thenceforth should be Protector and Regent of the Kingdome Provided alway that if the King did closely or apertly study or goe about to breake or alter this agreement or to compasse or imagine the death of the said Duke or his bloud then he TO FORFEIT THE CROWNE and the Duke TO TAKE IT These Articles made by the Parliament betweene them they both subscribed sealed and swore to and then caused them to be enacted Loe here we have these two Kings submitting their Titles to the Crowne and Kingdome it selfe to the Resolution of both houses of Parliament as the Soveraigne Judge betweene them who setled the Crowne in this order under paine of forfeiting it by King Henry if he violated their Decree herein and appointing a Lord Protector over the Kingdome in his full age as Walsingham informes us a Parliament constituted Duke Humfry to bee Protector of him and his Kingdome of England and the Duke of Bedford to bee Regent of France during his minority who exercised all regall power by vertue of that authority which the Parliament derived to them After this in these two Kings reignes the Crowne and its descent were variously setled by Parliament as I have formerly manifested yet so as that which one Parliament setled in this kinde continued firme till it was altered or reversed by another Parliament King Richard the third comming to the Crowne by usurpation to strengthen his Title procured the Lords and Commons to passe an Act of Parliament wherein they declare him to bee their lawfull King both by election and succession entaile the Crowne upon him and the heires of his body lawfully begotten create his Sonne Edward Prince of Wales and declare him heire to succeed him in the royall Crowne and dignity after his decease In which Act of Parliament recited at large by Speed there is this memorable passage That the Court of Parliament is of such Authority and the people of this land of such a nature and disposition as experience teacheth that manifestation or declaration of any Truth or Right made by the three Estates of this Realme Assembled in Parliament and by the Authority of the same makes before all other things most faith and certainty and quieting of mens mindes removeth the occasion of all doubts and seditious language Henry the seventh afterwards slaying this usurping Richard at Boswell-field to avoyd all ambiguities and questions of his Title to the Crowne in his first Parliament procured the Lords and Commons by a speciall Act to settle the inheritance of the Crownes of England and France on him and the heires of his body lawfully begotten perpetually by the grace of God so to endure and on none other and all attainders and Acts against him by Edward the fourth and King Richard this Parliament annihilated After him King Henry the eighth to ratifie his divorce from Queen Katherine caused it to be confirmed and his marriage with her to be utterly dissolved by Act of Parliament and by sundry Acts ratified his subsequent Marriages and setled the descent of the Crowne to his posterity somewhat different from the course of the Common Law which Statutes were afterwards altered and the descent of the Crowne setled by other speciall Bils in Parliament both in Queene Maries and Queene Elizabeths Reignes whose Titles to the Crowne were setled and in some sort created by the Parliament By the notable Sta. of 13. Eli. c. 1. worthy reading for this purpose it is made no lesse then high Treason to affirme That the Queene WITH and BY THE AUTHORITY OF THE PARLIAMENT of England is not able to make Lawes and Statutes of sufficient force and validity to BINDE LIMIT RESTRAINE and governe all PERSONS THEIR RIGHTS AND TITLES THAT IN ANY WISE may or might claime any interest or possibilitie IN OR TO THE CROWNE OF ENGLAND in POSSESSION REMAINDER INHERITANCE SUCCESSION or OTHERWISE HOWSOEVER and all other persons whatsoever King Edward the sixt Queene Elizabeth and other our Princes holding their Crownes by a Parliamentary Title rather then by the course of the Common Law which this Statute affirmes the Parliament hath power to alter even in case of descent of the Crowne It is observable that the Statutes of 25 H. 8. c. 22. 28 H. 8. c. 7. and 35 H. 8. c. 1. doe not onely Nulliâ—ie some of this Kings marriages and ratifie others of them declaring some of his issues legitimate and hereditable to the Crowne others not and appoint the Queene if living to be Protector of the infant King or Queene that should inherit the Crowne or such of the Lords as the King by his last will should designe But likewise prescribe strict Oathes for every Subject to take to maintaine the Succession of the Crowne as it is limited by those Acts which Oathes for any to refuse is made high Treason or to write or speake any thing against the succession of the Crowne as it is therein limited And withall they derive a plenary authority to the King who thereupon acknowledgeth the
Pacis l. 2. c. 6. 7. lib. 1. cap. 4. sect 10. where he affirms That a King who aliens and would actually deliver up possession of all or any part of his Realm to another forraign power without the peoples consents may lawfully be resisted with force of Arms by his Subjects concluding with this Sentence out of Seneca with which I shall close up this Discourse Et si parendum in omnibus Patri naturall or politicall IN EO NON PARENDUM QUO EFFICITUR NE PATER SIT This point I have thus copiously debated not out of any the least intention to derogate from his Majesties just Supremacie and Prerogatives royall which I have oft solemnly sworn to maintain to the utmost of my power and shall God willing perform but out of a serious desire to rectifie the generall mistakes of men touching a pretended Prerogative which their fantasies onely not the Law have unduely attributed unto Kings and to vindicate the just Liberties Priviledges and Prerogatives of Parliaments so much decryed declaimed against of late by a company of ignorant Papists Malignants Royalists who know not what the jurisdiction of Parliaments is according to the Protestation the clearing of which points in my weak apprehension is the onely high and ready way to compose our present differences to settle all our distractions which the ignorance the mistakes of the Kings and Parliaments just Prerogatives and Powers next to the treacherous malice of Papists have principally raised among us almost to the ruine of the Kingdom For my part I professe sincerely I love and honour both King and Parliament alike and in the controversies now between them concerning their Jurisdictions stand as a man indifferent to do right to both without prejudice to either and the King being the Principall Member of the Parliament the elevating of its now disdained Power to its due altitude can be no depression but advancement of the Kings Prerogative which shines most perspicuously in Parliaments whiles King and Parliament are united and is most eclipsed onely when they are divided as the precedents in all ages manifest And this I dare confidently averre That there are no such enemies to the Kings Prerogative as those who advancing it beyond due bounds do necessarily draw it into dispute in which it commonly comes off with losse and diminution in the end as in the late cases of Loanes Ship-money and the like It was a notable true Speech of our King Henry the 8. in the 34. yeer of his reign in the case of one George Ferrers a member of the Commons house arrested contrary to their Priviledge of which the King being informed used these words among other to the Speaker and House of Commons We are informed by our Iudges That we at no time stand so highly in our estate Royall as in the time of Parliament wherein we as Head and you as Members are knit together into one Body politick so as whatsoever offence and injury during that time is offered to the meanest of the House is to be judged as done against Our Person and the whole Court of Parliament which Prerogative of the Court is so great as all Acts and Processes coming our of Inferiour Courts must for the time cease and give place to the highest which being so My Vindication of the Parliaments Soveraign Power and Right can be no impeachment nor diminution of the Kings just Authority though many Sycophants and Malignants falsly repute it so If any here object against the premises That the King is the only Supreme Governour of this Realm That Bracton Fleta and our Law Books resolve That the King hath no Peer in His Kingdom for so He should lose His Empire since Peers or Equals have no command over one another much more then ought He not to have a Superiour or mightier for so He should be Inferiour to those who are subject to Him and inferiours cannot be equall to Superiours The King ought not to be under man but under God and the Law If then Iustâ—ce be demanded of Him by way of Petition because no Wâ—it runs against Him though anciently some Writs did if He do not justice this punishment may be sufficient to Him that He may expect God will revenge it Nemo quidem de factis suis praesumat disputare multo fortius contra factum suum venire c. Therefore the King is above the Parliament and whole Kingdom not they above Him I answer First That the meaning of all these Books is That the King is above every one of His Suâ—jects and hath no Peer nor Superiour if they be taken particularly and distâ—ibutively as single men as the words Parem Superiorem in the singular number and the like explain the meaning of the Books to be But if we take them collectively in Parliament as they are one body and represent the whole Kingdom then these very Authors resolve in their forequoted words That they are above the King and may yea ought to restrain and question his actions his Malâ—-Administrations if there be just cause Secondly Bracton explains himself how He is highest and without a Peer to wit In distributing Iustice that is He is the highest Iusticiar in the Kingdom but as low as any in receiving Iustice. Thirdly Even in Parliament it self the King is the Supreme Member and in that regard the Parliament in most publike Acts in all their Petitions or Addresses usuall stiles him Their Soveraign Lord Besides The Parliament it self is ever summoned dissolved by his Writ in his name by his Authority And in passing all Acts and Bills of Grace or such as are not simply necessary for the publike safety and utility of his people He hath an absolute negative voyce and his Royall assent is in some sence simply necessary for the passing of all ordinary lasting binding Laws In which respects he is and may be truely said in some sence To be above the Parliament it self and the only Supreme Governour but yet in the forenamed regards the Parliament really is and may be justly averred to be Paramount him and the Supremest Soveraign Power though not Governour Fourthly The Oath of Supremacy That the King is the only Supreme Governour relates only and at least principally to the Popes forraign Princes Authorities formerly usurped in this Realm as the Title Words scope of the Statute of 1 Eliz. cap. 1. and the very next words in the Oath it self undenyably manifest And that NO FORRAIGN Power Person Prelate State or Potentate hath or ought to have any Iurisdiction Power SUPERIORITY PREHEMINENCE or Authority Ecclesiasticall or Spirituall within this Realm and therefore I do utterly renounce and forsake ALL FORRAIGN Iurisdictions c. Therefore it refers not at all to Parliaments or their Jurisdiction Power Superiority Preheminence or Authority not so much as once thought of by the prescribers of this Oath which had its creation and Authority from
the Parliament and made some addition to the Kings Prerogative Fifthly Bodin with others as I shall hereafter manifest assure us That the Soveraign Power and Iurisdiction both in the Roman and German Empires and in most forrâ—ign Christian Kingdoms was and yet is in the Senate People Parliaments States Dyets yet this is no empeachment at all to their royall Supremacies or Titles of Supreme Heads and Governours Within their own Dominions no more then the asserting of generall Councells to be above Popes themselves by the learnedst Papists is any derogation as they hold it is not now to the Popes most absolute pretended Soveraignty above all Emperours Kings Princes Prelates Subjects and the world it self of which they affirm him sole Monarch Therefore by the self-same reason this asserting of the whole Kingdoms and Parliaments power to be above the Kings is no diminution at all much lesse a denyall of his Supremacy and just Prerogative Royall If then the Parliaments Power be thus higher and greater then the Kings Personall Power and Jurisdiction out of Parliament it will necessarily follow from hence First That in these unhappy times of division and separation of the Kings Personall presence not legall which cannot be severed from the Parliament The Lords and Commons Orders Votes Ordinances made legally in Parliament it self are to be preferred obeyed by all the Kingdom before any His Majesties Proclamations Declarations Commissions Warrants or Mandates made illegally out of Parliament in affront of both Houses proceedings and Decrees since when ever two distinct powers command different thingâ— that are lawfull or of the same nature the higher Power ought still to be obeyed As if a Master commands his Servant one thing and the King another or the King one thing God another the King is to be obeyed before the Master because the Superiour Power but God before the King because the highest Power as the Fathers and Canonists resolve most fully And Doctor Ferne with other asserters of the Kings Prerogative not only grant but prove And therefore presse an absolute Obedience to all the Kings commands against the Parliament on this false ground Because the King say they is the highest Soveraign Power and above the Parliament it self The contrary whereunto being now made evident to all men The Argument falls fatally on them that urge it The Parliament not the King is the most Soveraign Power Ergâ— Its Votes and Ordinances must be preferred and obeyed before the Kings Yea The Parliament being the highest Power the King Himself ought to submit thereto and to be ruled and advised thereby This conclusion though it may seem a Paradox to most men is an undubitable verity both in point of Divinity and Policy as is most apparent by the 1 Sam. 14. 38. to 46. and c. 29 1 to 11. 2. Sam. 18. 2 3 4. c. 19. 1. to 9. 1 K. 12. 1. to 25. 2. K. 20. 7 8 9. 1 Chr. 13. 1. to 6. 2 Chr. 10. 11. c. 30. 2 3 5 23. c. 32. 3. Esth. 1. 13. to 22. c. 9. 23. to 23. Ierâ— 38. 4. to 28. Dan. 6. 4. to 20 Ionah 3. 7. Ezra 10. 3. 8. Eccles. 4. 13. Prov. 11. 14. c. 15. 22. c. 25. 5. compared together and with Iosh. 20. 11. to 34. Iudg. 20. 1. to 20. where we finde the Princes and people alwayes overruling their Kings who submitted their judgement wholly to them not the Kings overruling their Princes and people who as Iosephus records Antiqu. Iudaeorum l. 4. c. 18. Ought to do nothing besides against or without the sentence of the Senate or Congregation Whence King Zedechiah said unto his Princes Jere. 38. 4 5. The King is not he that can do any thing against you And in point of Law and Conscience even in our own Kings and Kingdom as is clear by 20 E. 3. the Preface and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors 38 E. 3. Stat. 2. c. 1 2 3. 3 E. 1. c. 17. and 48 with other Statutes which I shall hereafter cite at large in answer to the fourth Objection concerning the Kings negative voice which Texts and Statutes those who will may peruse at leisure for their better satisfaction And in Pauls time the highest Powers in Rome were not the Roman Emperours as ignorant Doctors make the unlearned world beleeve but the Roman Senate who had full power not only to elect and command but censure and depose their Emperours and adjudge them unto death as Iohn Bodin acknowledgeth and I shall hereafter abundantly manifest in the Appendix Secondly That the Parliaments resisting of the Kings personall Commands especially such as are illegall and destructive to the Kingdom or any private Subjects resisting them by vertue of a publike Ordinance or Countermand from the Parliament is no resisting of the higher Power against Pauls injunction Rom. 13. 1. to 7. as Doctor Ferne and other illiterated Doctors vainly fancy but a direct submission and obedience to the highest Powers the Parliament and those who resist the Parliaments Ordinances and Commands especially such as tend to the preservation of Religion Laws Liberties Priviledges of Parliament and the Kingdom or bringing Delinquents to condign punishment though they do it by vertue of any extrajudiciall countermand from the King or His ill Counsellors do both in point of Law Divinity Conscience resist the higher Powers because they resist the Parliament which is in truth the highest Power as I have manifested not the King and so shall receive damnation to themselves for it either here or hereafter if they repent not which I seriously desire all those Delinquents Papists Malignants ill Counsellors and Cavaliers to consider who contrary to severall Orders and Declarations of Parliament yea contrary to the Law of God of Nature of the Realm have like unnaturall Vipers taken up offensive Arms against the Parliament and Kingdom to ruine them Religion Laws and Liberties at once Thirdly Hence it follows That the Resolutions and Declarations of the Lords and Commons in Parliament the supremest Court against the Commission of Array Arming of Papists raising of Forces imposing Taxes to maintain Warre against the Parliament Plundering and the like ought to be obeyed and submitted to as lawfull and binding both by the King Himself the Kingdom and every private Subject whatsoever and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct opposition and contradiction to these Resolutions and Votes of both Houses in Parliament ought not to be obeyed the King himself as our Law Books resolve Being no competent Iudge especially out of his Courts what is Law or what not in those Cases but the Parliament only Which extrajudiciall new device of controlling affronting the Resolutions and Declarations of both Houses by opposite Proclamations and Declarations published in his Majesties name is such a transcendent violation of and contempt against the known priviledges the sacred venerable Authority and power of Parliaments
as I am confident no age can Paralell and if not severely vindicated by exemplary punishments of the highest nature upon those ill Counsellors and corrupt Lawyers who contrive and pen them will bring this highest greatest and most honourable Court wherein the whole Kingdom and every Member of it are represented into greater contempt and lesse estimation with all men whether Natives or Forraigners then the basest Court of Pipouders is No King nor Subject ever yet attempted such affronts against the Resolutions of any Judges in inferiour Courts Let no person whatsoever then presume by pen or tongue any longer to arraign or traduce the Resolutions and Ordinances of this highest Tribunall If Kings or Counsellors of State will instruct or excite the Subjects peremptorily to disobey and contemne the Ordinances the Judgements of the Parliament let them never expect the least obedience or submission to any of their own commands which are of lesser credit and Authority which all former Ages have most reverenced and submitted to Fourthly That the Parliament and whole Kingdom being the highest Power or any Member of the Parliament cannot by any publike Acts or Votes of theirs consented to in Parliament become Traytors or guilty of high Treason against the King either by the Common Law or the Statute of 25 Edw. 3. chap 2. of Treasons which running in the singular number If A MAN c. That is any private man or men by their own private authority shall levy warre against the King c. it ought to be judged high Treason extends not to the whole Kingdom or Court of Parliament representing it of which no treason was ever yet presumed the rather because the Parliament by this very act is made the Iudge of all Treasons that are doubtfull and was never yet included within the words or meaning of any Law concerning Treason and therefore cannot be guilty of it Hence the depositions of Archigallo and Emerian two ancient British Kings by the unanimous assent of the Lords and Commons for their rapines oppressions and Tyranny with other forenamed Saxon Kings and of Edward the second Richard the second Henry the sixth Edward the fourth by Acts of Parliament the creating of Richard the third King with the frequent translations of the Crown from the right Heir at Common Law to others who had no good Title by the whole Kingdom or Parliament no lesse then high Treason in private persons was never yet reputed much lesse questioned for or adjudged high Treason in the whole Kingdom or Parliament or any chief active Members in those Parliaments which by the Law are uncapable of Treason for any their judiciall actions and resolutions in such cases being only Tortious and Erroneous reversible by other Acts in Parliament not Trayterous and Rebellious as appears by all the forequoted Statutes and by 13 Eliz. cha 1. which makes it high Treason for any person to affirm That the Queen by Authority of the Parliament of England is not able to make Laws and Statutes of sufficient force to alter limit and binde the Crown of this Realm and the Descent Limitation Inheritance and Government thereof and any mans Title or right thereto And for direct Authorities in this very point Robert Trisylian and Belknap then chief Justices Holt Fulthorp and Burgh Judges Locton King Sergeant and Blake the Kings Counsell in the Parliament of 11 Rich. 2. Were condemned executed and banished the Realm as guilty of high Treason only for affirming under their Hands and Seals That the Duke of Glocester the Earls of Arundel and Warwick were and the other Lords and Commons might be guilty of high Treason for procuring a Commission and other proceedings Voted in Parliament and be punished it as Traytors Which opinion of theirs being afterwards affirmed for Law in a packed Parliament 21 Rich. 1. was the very next Parliament in 1 Hen. 4. c. 2. 3 4. repealed and the judgement given against those Judges for this Trayterous opinion tending to the utter subversion of Parliaments resolved and enacted to be just This Iudge Belknap foresaw and therefore was unwilling to put his Seal to this opinion saying There wanted but a hurdle a horse and halter to carry him where he might suffer the death HE HAD DESERVED For if I had not done this I should have dyed for it and because I have done it I DESERVE DEATH for betraying the Lords Which makes me wonder at a passage in Speed who records it now frequent in Malignants mouthes That the very shop where the Barons originall Treasons were forged was THE PARLIAMENT-HOUSE wherein from time to time they forced on the King Edward the second presumptuous and TREASONOUS ORDINATIONS not only to reform the Kings House and Counsell and to place and displace all great Officers at their pleasure but even claimed a joynt interest in the Regiment of the Kingdom together with the King which William Iâ—ge a Iudge of the Common Law with other like sticklers trayterously perswaded them was according to Law Which grosse slander of the Parliament House would have been capitall at least in former ages and may now indanger the necks of those who speak or write the same of the present Parliament Never did any of our Kings charge any Parliament with high Treason hitherto much lesse indict or wage warre against their Parliaments as Traytors though they have questioned and deposed Kings for offences against and being Enemies or Traytors to the Kingdom Let none then dare affirm That the Houses of Parliament are or can be Traytors now for providing for their own and the Kingdoms safety by a necessary defensive Warre which I shall in the third part fully clear to be neither Treason nor Rebellion against the King in point of Law or Conscience either in the Houses of Parliament or any that bear Arms by their command Fifthly That to conspire or levy warre against the Parliament or Kingdom to dissolve or destroy it or the Members of it is no lesse then High Treason as hath been solemnly adjudged in Parliament 15 E. 2. in the Act entitled Exilium Hugonis le de Spenser in 1 E. 3. the Preface and cap. 1. in 11 Rich. 2. c. 2 3 4. and in the Parliament Roll Printed by Order of both Houses August 27. 1642. And before both these in Glanvil who declares it to be Treason even at the Common Law Si quis machinatus fuerit vel aliquid feoerit in SEDITIONEM REGNI Agreeable to Vlpian and the Saxon Laws which inform us of Treasons against the Common-wealth and Kingdom the case of Cateliâ—â— and others as well as against the King and to the Statute of 13. Eliz. c. 1. which makes it High Treason for any person to stirre up any Forraigners or strangers with force to invade this Realm or Ireland And if it be no lesse then high Treason against the King to slay the Chancellour Treasurer or any of
the Iudges or Iustices of either Bench Eyer Assize or Oyer and Terminer being in their places doing their Offices though by the Kings command as is clear by 25 E. 3. c. 2. and all our Law Books then much more must it be high Treason against the King and Kingdom to warre against the highest Court of Parliament or slay any Member of it for doing their Offices and executing the Houses just Commands If bare mis-Councelling the King to the prejudice of the Kingdom hath so frequently been adjudged high Treason against the King and Realm in severall Parliaments as appears by the forecited Histories of Gaveston the two Spensers Alexander Nevill De la Pole Trysilian and others then what is it to miscouâ—cell and assist him to make an offensive War against his Parliament Kingdom people for to ruine them certainly this must be high Treason against King and Realm in the superlative degree If the Parliament and Kingdom be destroyed or their hearts blood shed their vitall spirits let out by an unnaturall War against them the King himself at least in his royall Capacity as King and his royall posterity too must necessarily be unkinged and overwhelmed in their ruines but if the Kingdom stand and flourish for whose Peace and safety Kings themselves ought not onely to lay down their Crowns but lives as Christ the King of Kings hath resolved and the High Priest too though the King should die or perish as all Kings ever were and will be mortall yet their posterity may enjoy the Crown and reign in honour in prosperity after their death which they cannot do if the Kingdom perish Therefore all those Malignants Papists Delinquents and others who have most unnaturally taken up arms against the Parliament and Kingdom to dissolve and ruine them though by the Kings own illegall Commission or Command are not onely Arch-traytors to the Parliament and Realm alone but likewise to the King himself and his Posterity too in the very judgement of Law whose blood is shed whose Crown and Royalty subverted ruined in the bloodshâ—d ruine destruction of his Parliament Kingdom people As it is in the naturall so likewise in the politicâ— Body a mortall wound in any part of the body kills both body and head the body naturall or politicke cannot die or miscarry but the head must do so likewise therefore this War against the Parliament and Kingdom must in point of Law and Conscience too be a War against the King himself the chief politick head and member of them both from which he cannot legally be severed and high Treason at least against them both as the Parliament the sole Judge of Treasons hath resolved long since in their Declaration of August 18. 1642. in thâ—se positive words The Lords and Commons do declare That all such persons as shall upon any pretence whatsoever assist his Majesty in this war with Horse Arms Plate or Money ARE TRAYTORS TO HIS MAJESTIE THE PARLIAMENT AND THE KINGDOM and shall be brought to condigne punishment for so high an offence which they have since seconded in sundry other Declarations and Impeachments In brief the Gunpowder plot in 3. Iacobi to blow up the Parliament House was then adjudged resolved by the Parliament King and Judges to be high Treason not onely against the King but Parliament and Kingdom too and to blow up or assault the Parliament now in the Kings absence is questionlesse High Treason both against the King Parliament and Kingdom Yea the Statute of 28. H. 8. c. 7. declares those who shall claim the Crown even of right in any oeher manner then is limited by vertue and authority of that Act after the Kings death with all their Counsellors and abettors to be deemed and adjudged HIGH TRAITOURS TO THE REALM not the King and such their offence to be reputed HIGH TREASON and they for it to suffer such pains of death and forfeiture of Lands and Goods as in any cases of high Treason is used onely because it might in common probability ingender a Civil war and Dissentions in the Kingdom to be destruction of the people and their posterities much more then must it be high Treason against the Realm and those High Traitours who now actually wage War against the Parliament the Kingdom and destroy the Subjects and their estates in divers places which they have burned sacked ruined I read in Fabian that Eguiran chief Councellour to Philip the third of France was judged to death and hanged on the Gibbet at Paris for Treason against King Philip and the REALM OF FRANCE as our Powder Traitors were executed for high Treason against the King and Realm of England of late and Gaveston with the Spensers heretofore By the Stat. of 1 E. 3. c. 1. 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 17. R. 2. c. 8. 21. R. 2. c. 2. 4. 20. 3. H. 5. Stat. 2. c. 6. 1. Mariae c. 6. certain offences are declared and made high Treason and the committers of them Traitours and enemies not onely to and against the King but likewise TO AND AGAINST THE REALM and in particular the illegall indicting of some Lords to destroy them as guilty of high Treason for procuring a Commission in Parliament supposed prejudiciall to the King and his Crown in 10 R. 2. c. 1. and the opposing and annulling of that Commission and of some Processe Iudgements Executions made given and affirmed in some of these Parliaments raising forces and leavying war against the Parliament and Members of it to destroy them were then adjudged high Treason both against the King and THE REALM though done by the Kings expresse Commission and command The reason is because the King himselfe and the whole Realm in judgement of Law are ever legally present in and with his Parliament when they sit as I have already proved where ever the Kings person is and his royall legall will of which alone the Law takes notice is ever presumed to concur with his greatest Councâ—ll the Parliament against whose Priviledges safety and protection he neither can nor ought by Law or right to attempt any thing and if any personall Commands or Commissions of the King under his great Seal to do ought against Magna Charta the Subjâ—cts libertyâ— safety property the Parliaments Priviledges the Common or Statute Laws of the Realm all which together with the Kings Coronation Oath and the Prologues of most old Parliaments expresly prohibit the levying of war killing wounding murthering imprisoning disinheriting robbing or plundering of the Subjects without legall triall or conviction as do the Statutes of 2 R 2. c. 7. 1 H. 5. c. 6. 1 H. 5. c. 6. which prescribe exemplary punishments against such Plunderers and Robbers especially the Welchmen issue out to any person or persons whatsoever especially to raise forces or levie war against the Parliament or Subjects they are meerly void in Law and will rather aggravate then extenuate the guilt
before till these blacke clouds were dissipated Which his Majesty refusing to grant in so ample manner as was thought meete for their security by a Vote of both Houses when they were full the Militia was committed to divers Noble Lords and others many of whom have since laid downe their Commissions which they at first accepted from the Houses and instead thereof beene active instruments in executing the Commission of Array issued out by his Majesty in direct opposition to the Militia which the Houses by two severall Declarations have since Voted and manifested To be against the Law and Liberty of the Subjects And to prevent the arrivals of Foraine Forces and a civill warre in the bowâ—ls of the kingdom they first put the Tower of London by the Kings consent into a confiding hand trusted by either party then they secured Hull and the Magazine there after this when they were informed his Majesty had seised Newcastle and was raising an Army they possessed themselves of the Navy Portsmouth with other Ports and Forts and sequestred his Revenues the Nerves with which he should support this unnaturall civill warre which by degrees hath now overspread the whole kingdome and threatens inevitable desolation to it if not speedily determined by an honourable safe Accommodation This being the true State and progresse of the Militia the sole question will be Whether all the former circumstances of danger his Majesties refusall to settle the Militia Ports c. by an act in such trusty hands as both King and Parliament might confide in the Parliament by an Ordinance of both Houses onely without the King refusing to joyne with them and wilfully absenting himselfe from the Parliament might not in this case of necessity and extremity for their owne and the kingdomes safety lawfully settle and seise the premises for the present as they have done and whether this be a just ground for the King to begin or continue a desperate civill warre against his Subjects For my part I shall not undertake to justifie all passages on either side in the managing of this businesse it may be there have beene errors at least in both parties which to reconcile as neere as possible I shall premise such propositions on either hand as Neither can in justice deny On the Kings part it is irrefragable First That the Kings of England yea generally all Kings where ever have usually enjoyed the chiefe Ministeriall Ordering of the Militia in such sort as it hath beene setled by their Parliaments for the defence of the kingdome by Land and Sea against Foraine Enemies A Truth acknowledged not onely by Judge Crooke and Hutton in their Arguments against Ship-money but by the Parliament it selfe in their two Declarations against the Commission of Array the Scripture it selfe in sundry places together with Aristotle Polybius Cicero Iacobus Valdesius the Histories of all kingdomes attesting that the originall cause of erecting Kings was and one principall part of their Royall Office is to be their Kingdomes Generals in their Warres and fight their Battailes for them the Kings of Sparta and others yea the ancient Roman Emperours being nothing but their Generalls to manage their Warres and oft elected Emperours by the Roman Legions for their skill in Martiall affaires Secondly That it is not onely expedient but in some respects necessary that this chiefe ministeriall command of the Militia Forts and Navy should constantly continue in the Crowne unlesse it be in some speciall cases as when the King is an Infant or unable or unwilling to discharge this trust or intends to imploy this power against his Subjects to infringe their Liberties and erect a Tyranny instead of a Royalty over them And that it is not meete nor honourable to deprive his Majesty of this part of his Soveraignty as long as he shall faithfully discharge his trust herein but onely to recommend unto him such persons of trust and quality to manage the Militia Forts and Navy under him in these times of war and danger in whose fidelity the Parliament and whole kingdome may confide and so be freed from their just jealousies feares and dangers Thus farre the Houses have already condescended and upon these indifferent termes as they conceive them have oft profered to resigne up all the Ports Forts Ships Magazines and Ammunition they have seised on into his Majesties hands they never desiring nor intending to devest him of this his Soveraigne power over them On the Parliaments part it must necessarily be granted to them by the King First That the whole power which either his Majesty hath or claimes or his Predecessors enjoyed over the Militia Forts Navy Ammunition Revenues of the Crown was originally derived and granted to his Ancestors by the Parliaments and kingdomes free consents And that onely upon trust and confidence for their protâ—ction benefit security as the premises abundantly evidence Secondly that the King hath no other power over the Militia to Array Arme or Muster his Subjects in any case then onely in such manner as the Parliament by speciall Acts hath prescribed as Sir Edward Cooke in his Institutes on Magna Charta f. 528. 529. this Parliament in the two Declarations against the Commission of Array and Judge Crooke and Hutton in their Arguments against Ship-money have largely proved Thirdly That in ancient times in and before Edward the Confessors dayes and since the Heretoches or Lord Lieutenants of every Province and Country who had the chiefe power of the Militia and commanded them as their Generals in the Warres were elected by the Common Councell of the kingdome the Parliament throughout all Provinces of the Realme and in every County by the Freeholders in a full Folkmote or County Court as appeares by the expresse words of King Edwards owne Lawes Recorded in Mr. Lambard Recited and affirmed by Sir Edward Cooke in his Institutes on Magna Charta f. 174 175. Fourthly That the Sheriffe of every County who both then had and now hath full power to raise the Militia and Forces of the County upon any occasion to apprehend Delinquents execute Proces of the Law suppresse Riots and preserve the peace of the County were not elected by the King but by the Free-holders of each County as the Conservators of the Peace and all great Officers of trust then were and the Coroners Foresters and other Officers then and yet are elected by the Free-holders as well as Knights Citizens and Burgesses of Parliament even at this very day This is evident by the expresse words of King Edward the Confessors Lawes Cap. de Heretochiis Recorded by Mr. Lambard Archaion p. 135. and Sir Edward Cooke attesting that the Sheriffes of every County were chosen by the Freeholders in the County Court And by the Articles of deprivation against Richard the second charging this upon him as an illegall encroachment That he put out divers Sheriffes lawfully ELECTED to wit
minde concerning this and other matters The next day he cals them one by one into his privy Chamber Now one then another like a Priest calling penitents to confession and thus those whom he could not all together overcome weakned by being every one apart hee endeavoured more cunningly to enervate with his words and demanding a pecuniary ayde of them he said See what this Abbot hath granted me towards my aide behold what another hath subscribed producing a fained Roll that such and such an Abbot or Peere had subscribed such a summe when in truth not one of them had consented to it neither came it into their thoughts The King therefore with such false copies and ensnaring words cunningly inveagled many Notwithstanding most stood out and would by no meanes recede from the common answer which they had sworne not to recede from under paine of an Anathema To whom the King answered in anger Shall I be perjured I have sworne with an inviolable oath that passing over sea I will with a stretched out arme demand my rights of the King of France which I cannot doe without store of Treasure which must proceed from your liberality else I can by no meanes doe it Neither yet with these or other words could hee entrap any albeit he called every man single to conferre with After this he againe called others which were more familiar with him and so talking to them said What a pernitious example give you to others you who are Earles Barons and valiant Souldiers ought not to tremble as others to wit Prelates of the Church doe You ought to be more covetous to demaund the Kings rights and valiantly to fight against those who wrong me c. with what face then can you relinquish me poore and desolate now being your Lord in such a weighty businesse which concernes the Common-wealth when I am bound by promises to passe the Seas which I ratified with an oath Which when it came to the knowledge of all they answered We admire beyond all that can be spoken into what bottomlesse pit the innumerable summes of money are sunke which thou Lord King hast cunningly gained by divers wardships of great men by various escheates frequent extortions as well from Churches voyd of a Pastour as from the lands of Noblemen free granted Donatives engendring amazement in the hearts of the hearers all which have never brought so much as the least increase to the kingdome Moreover all the Nobles of England doe overmuch admire QUOD SINE EORUM CONSILIO ET CONSENSU that without their counsell or consent you haue undertaken so difficult and perilous a businesse giving credit to those who want faith and contemning the favour of thy naturall Subjects exposest thy selfe to cases of so doubtfull fortune thou dishonestly and impudently not without just perill of thy Soule and wounding of thy Fame breakest the Articles of the truce betweene the King of France and thee which thou hast sworn upon thy Soule indissolubly and unviolably to keepe for three yeares space c. The King hearing these things was exceeding angry swearing by all the Saints that he would be revoked by no terrour nor perswaded by any circumstances of words to retard his begun purpose and taking ship on Quindena Paschae would undauntedly try the fortune of Warre in Foraine parts And so the Parliament dissolving in discontent and secret heart-burning on both sides the Lords and Barons for a perpetuall memory of their Heroicke Answer returned to the King set it downe in a notable Remonstrance too large to transcribe which you may reade in Matthew Paris After this in the yeare 1248. this King summoned a generall Parliament at London wherein hee demaunded an ayde from his Lords and Commons to recover his Right in France who instead of granting it informed him very roundly and fully of his unkingly and base oppressions both of his Subjects and strangers to his owne and the kingdomes dishonour and of his tyranny and rapines At which the King being confounded and ashamed in himselfe promised a serious and speedy Reformation Which because they thought to be but feigned he answered they should shortly see it Whereupon they replyed they would patiently expect it till fifteene dayes after St. Iohn Baptist adjourning the House till then But the King seduced hardned and much exasperated by his bad Counsellers and Courtiers giving then a very high displeasing answer to their demands they all unanimously answered that they would no more unprofitably impoverish themselves to enrich and strengthen the King and kingdomes Enemies and that he had precipitately and indiscreetly and WITHOUT THEIR CONSENT hastned into Poictiers and Gascoygne and engaged himselfe in that warre whence he returned ingloriously with losse of his honour and treasure to his great reproach And so this Parliament dissolving with discontent the King grew very angry with his ill Counsellors for putting him upon these courses which lost the hearts of his Nobles and people who to pacifie his anger and supply his wants advised him to sell all his Plate Utensils and Jewels to the Londoners and then to resume and seise them againe as belonging to the Crowne Anno 1256. The same King Henry summoned a Parliament to assist him in his warres in Apulia but because he had taken upon him that Warre WITHOUT HIS BARONS AND PARLIAMENTS CONSENT they and his owne Brother Richard Earle of Cornwall refused to grant or lend him any ayde And because all the Barons and Commons were not summoned to this Parliament as they ought to be according to the tenor of Magna Charta they refused to doe any thing or grant any aide without the rest of the Peeres were present and so returned home discontented After this Anno 1258. this King summoning a Parliament at London demaunded ayde of them towards his warres in Apulia to which the Parliament gave this resolute answer that they could no wayes supply him in this case without their owne undoing And if he had unadvisedly and unseemingly gotten from the Pope the kingdome of Apulia for the use of his Son Edward he should impute it to his owne simplicity and that he had PRESUMED UNCIRCUMSPECTLY WITHOUT THE CONSENT OF HIS NOBLES TO UNDERTAKE THIS WARRE as a contemner of deliberation and prudence which is wont to forecast the end of things therefore he should bring it to what issue he best could and should take example from his brother Richard who refused the Empire tendred to him c. In the second yeare of King Edward the second he consented to this Act of Parliament That he would begin no warre without common consent in Parliament which he then confirmed with an Oath So An. 25 Edward 1. The Lords and Commons utterly refused to goe with the King to his wars in Flanders though they were summoned to doe it Because this warre was proclaimed without their consents and good likings and they were not bound by their Tenures to
concurring with it Iosh. 22. 11 12 c. Iudg. 20. 1. to 48. compared with Prov. 20. 18. c. 24. 6. and Iudg. 11. Secondly All preparations belonging to warre by Land or Sea have in the grosse and generall beene usually ordered limited and setled by the Parliaments as namely First What proportions and summes of money should be raised for the managing of the warre in what manner and time it should be levyed to what hands it should be paid and how disbursed which appeares by all the Bills of Subsidies Tenths Taxes Tonnage and Poundage in the Reignes of all our Kings Secondly How every man should be Mustered Arrayed Armed According to his estate as is cleare by all our Statutes of Armour Musters Captaines Ships Horses Warres reduced under heads by Rastall where you may peruse them by Justice Crookes and Huttons Arguments against Ship-money Sir Edward Cookes Institutes on Magna Charta f. 528 529. the Parliaments two late Declarations against the Commission of Array and the Statute of Winchester 13. E. 1. c. 6. Thirdly How farre every man shall March when he is Arrayed when he shall goe out of his owne County with his Armes when not who shall serve by Sea who by Land how long they shall continue in the Warres when they shall be at their owne when at the Kingdomes when at the Kings costs or wages and for how long time as the Marginall Statutes and next forecited Law Authorities manifest Fourthly When where and by whom Liveries Hats Coates shall be given in Warres when not and what Protections or Priviledges those who goe to Warres or continue in them shall have allowed them Fifthly What shares or proportions of Prisoners Prises Booties Captaines and Souldiers should be allowed in the Warres And at what Ports and rates they should be Shipped over Sea Sixthly How and by whom the Sea shall be guarded and what Jurisdiction Authority and share of Prises the Admirals of England shall have When the Sea shall be open when shut to enemies and strangers What punishments inflicted for Mariners abuses on the Sea And what redresse for the Subjects there robbed by enemies or others Seventhly What Castles Forts Bulwarkes shall be built or repaired for defence of the Realme in what places and by whose charges Eightly What punishment shall be inflicted upon Captaines who abuse their trust detaine the Souldiers wages and on Souldiers who sell their Armes or desert their colours without speciall License Ninthly What provision there shall be made for and maintenance allowed to Souldiers hurt or maimed in the Warres by Land and for Mariners by Sea Tenthly That no ayde Armour Horses Victuals shall be conveyed to the enemies by way of Merchandise or otherwise during the Warres that all Scots and other enemies should be banished the Kingdome and their goods seised whiles the warres continued betweene England and them Eleventhly How Frontier Castles and Townes toward Waâ—es and other places of hostility should be well manned and guarded and no Welchmen Irish Scots or alien Enemies should be permitted to stay in England to give intelligence or suffered to dwell or purchase Houses or Lands within those Townes and that they shall all be disarmed Twelfthly After what manner Purveyances shall be made by the Captaines of Castles and how they shall take up victuall In one word Warres have beene ended Leagues Truces made confirmed and punishments for breach of them provisions for preservation of them enacted by the Parliament as infinite Precedents in the Parliament Rols and Printed Acts demonstrate So that our Parliaments in all former ages even in the Reignes of our most Martiall Kings have had the Soveraigne power of ordering setling determining both the beginning progresse and conclusion of our Warres and the chiefe ordering of * all things which concerned the managing of them by Sea and Land being indeed the great Counsell of Warre elected by the Kingdome to direct our Kings who were and are in truth but the kingdomes chiefe Lord Generalls as the Roman Emperours and all Kings of old were their Senates States and Peoples Generals to manage their Warres and fight their battailes the Soveraigne power of making and directing Warre or Peace being not in the Emperours or Kings themselves but in their Senates States and Parliaments as Bodin proves at large And being but the Kingdomes Generals who must support and maintaine the Warres there is as great reason that they should direct and over-rule Kings in the Ordering of their Warres and Militia when they see cause as that they should direct and rule their Lord Generall now or the King his Generals in both his Armies During the minorities of King Henry the sixth and Edward the sixth the Parliament made the Duke of Bedford Regent of France and the Dukes of Glocester and Sommerset Lord Protectors of England committing the trust of the Militia and Warres to them And i 39. H. 6. the Parliament made Richard Duke of Yorke Lord Protector of the Realme and gave him like power when the King was of full age And in our present times The King himselfe this very Parliament voluntarâ—ly committed the whole care and managing of the Warres in Ireland and the Militia there to this present Parliament who appointed both the Commanders and al other Officers of the Forces sent hence into Ireland and that without any injury or eclipse to his Majesties Royall Prerogative If then the Subjects and Parliament in ancient times have had the election of their Generals Captaines Commanders Sheriffes Mayors and other Officers having the chiefe ordering of the Militia under the King if they have constantly Ordered all parts and matters concerning the Warres in all former Kings Reignes appointed Regents and Protectors committing to them the Kings owne Royall power over the Militia during their Minorities and his Majesty himselfe hath permitted this Parliament to Order the Militia of Ireland to which they have no such right or Titleash to that of England without any prejudice to his Prerogative I can see no just exception why his Majesty should at first or now deny the Parliament such a power over the Militia as they desired for a time or why in point of Honour or Justice their Bill for setling the Militia in safe under hands in such persons as both sides may well confide in should now be rejected being for the Kings Kingdomes and Parliaments peace and security much lesse why a bloody intestine Warre should be raised or continued upon such an unconsiderable point on his Majesties part who seeing he cannot manage the Militia in proper person in all Counties but onely by Substitutes hath farre more cause to accept of such persons of Honour and quality as his Parliament shall nominate in whom himselfe and his whole Kingdome in these times of Warre and danger may repose confidence to execute this trust then any whom his owne judgement alone or
suis depulsus Ducatu caruit c. sed posteà pacato populo Ducatum recepit Eigebantur enim interdum Provinciarum Duces AB IPSO POPULO In the Roman State the Senate and some times the people alone without their advise had power to appoint Lieutenants and Governours of Provinces whence the Senate commanded those Governours of Provinces whom the Emperour Maximinus had made to be displaced and others to be substituted in their roomes which was accordingly executed yea the Senate had power to dispose of the common Treasure and publike reventue one of the greatest points of Soveraingty And so we read in Scripture Iudges 11. 5. to 12. That when the children of Ammon made warre against Israel the Elders of Gilead went to fetch Iephthah out of the land of Tob. And they said unto Iephthah Come and be our Captaine that we may fight with the Children of Ammon c. Then Iephthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD and CAPTAINE OVER THEM the Princes and people even under Kings themselves having the chiefe disposing power of the Militia and denouncing war as is evident by Iosh. 22. 11. to 32. Iudges 20. and 21. throughout 1 Sam. 14. 38. to 46. c. 29. 1. to 11. 2 Sam. 18. 2 3 4. c. 19. 1. to 9. Prov. 20. 18. c. 24. 6. compared together And for a close of all lest any should object that no late direct precedent can bee produced to prove the office of the Lord Admirall and custody of the Seas disposed by Parliament I shall conclude with one punctuall precedent of many In 24. H. 6. prima Pars Pat. ma. 16. The King grants to Iohn Duke of Exeter the OFFICE OF ADMIRALL OF ENGLAND IRELAND and AQUITAIN with this subscription Per breve de privato sigillo AVCTORITATE PARLIAMENTI the former Patent of this office made joyntly to him and his sonne by the King alone in the 14. yeare of his reigne being surrendred in the Parliament of 24. and a new one granted them by its direction and authority Yea most of the Admiralls Patents which anciently were not universall for all England but severall for such and such parts onely and commonly but annuall or triennuall at most as Sir Henry Spelman observes in his Glossary in the word Admirallus where you have an exact Kalender of all the Admiralls names with the dates of their severall Patents and Commissions are DE AVISAMENTO ET ASSENSU CONSILII which is almost as usually taken for the Kings great Counsell the Parliament as for his privy Counsell And if our Kings have constantly disposed of this Office by the advise or assent of their privy Counsell there is more reason and equitie they should doe it by the advise of their great Counsell of which his privy Counsell are but a part and by whom they have frequently beene elected as I shall plentifully manifest in the next objection Now whereas some pretend that the Parliaments seising and detaining of the Kings Castles Ports Ships Armes and Ammunition is High Treason within the Statute of 25 Ed. 3. c. 3. and a levying of warre against the King I answer first that the Parliament was never within the meaning nor letter of that or any other Act concerning Treasons as I have formerly proved the rather because the King is a member of it and so should commit Treason against himselfe which were absurd Secondly because both Houses are of greater authority then the King a member of them as they make one Court so cannot commit Treason against the lesse Thirdly the Parliament is a meere Corporation and Court of justice and so not capable of the guilt of Treason A Judge Maior or particular persons of a Corporation may be culpable of high Treason as private men but not a Court of justice or Corporation Fourthly by the very Statutes of 25 E. 3. and of 11 R. 2. c. 3. 21 R. 2. c. 12. 1 H. 4. c. 10. 21. R. 2. c. 3. the Parliament is the sole Judge of all new Treasons not within the very letter of that act and if any other case supposed Treason not there specified happens before any Iustices the Iustice shall tarry without any going to judgement of the Treason till the cause bee shewen and declared before the King and his Parliament whether it ought to be judged Treason And if the Parliament be the sole Judge of all Treasons it cannot be guilty of Treason for then it should be both Judge and Delinquent and if so no doubt it would ever acquit it selfe of such a crime as High Treason and never give judgement against it selfe And no Judge or person else can arraigne or judge it or the members of it because it is the highest soveraigne Court over which no other person or Court whatsoever hath any the least jurisdiction So that if it were capable of the guilt of Treason yet it could not be arraigned or judged for it having no superiour or adequate Tribunall to arraigne it Fiftly admit it might be guilty of High Treason in other cases yet it cannot be so in this For having a joynt interest with the King in the premises in the Kingdomes right the sole propriator of them it cannot doubtles be guilty of treachery much lesse of High Treason for taking the custody and possession onely of that which is their owne especially when they both seise and detaine it for its owne proper use the Kingdomes security and defence without any malicious or traytorous intention against King or kingdome Secondly I answer that the seising or detaining of these from the King are no Treason or levying of Warre within this Law as is most evident by the Statutes of 6. Ed. 6. c. 11. which expresly distinguisheth the seising and detaining of the Kings Forts Ammunition Ships from the levying warre against the King in his Realme and by an expresse new clause enacts this seising and detayning to be High Treason from that time because it was no Treason within 25. Ed. 3. before which if it had beene in truth this new clause had beene superfluous which law of King Edward being repealed by primo Mariae Rastal Treason 20. this offence then ceased to be Treason whereupon by a speciall act of Parliament in 14 Eliz. c. 1. it was made High Treason againe which had beene needlesse if it had beene a levying of warre or Treason within 25. Ed. 3. before And that with this proviso this Act to endure during the Queenes Majesties life that now is ONLY and so by this Parliaments resolution it is no Treason since her death within 25 Ed. 3 for then this proviso had beene idle and repugnant too And therefore being now no High Treason in any person cannot without much calumny and injury be reputed Treason in both the Houses of Parliament uncapable of High Treason as the premises demonstrate In briefe he that seised and detained the Forts and Ships
of the Lords House and some Judges from the House and City By plundering divers Parliament mens houses imprisoning their persons without Bayle Maineprise or Redemption and laying intolerable taxations on their estates By Declaring both Houses Traytors if not in positive yet at least in equivalent words and by necessary consequence By divers unparalleld violations of the Parliaments Priviledges by extrajudiciall Declarations out of Parliament penned by Malignants in his Majesties name and avowed by him published of purpose to oppose annull reverse the solemne legall Resolutions Declarations and Votes of both Houses in sundry cases and by name that against the Commission of Array And finally by the manifold invectives in severall his Majesties Declarations and Proclamations against the Parliaments Votes Proceedings Members seconded with expresse commands and invitations to the People to Contemne its authority and disobey all its Orders made without his personall consent which is indeed nought else but to nullifie Parliaments to make them altogether contemptible ridiculous and trample them under feete and hath wrought a strong malignity disobedience if not disaffection in many people to Parliaments to the end they may never desire or enjoy them hereafter notwithstanding the Act for trienniall Parliaments when this is once dissolved All these unparalleld apparent high attempts against the very honour essence of this and all other future Parliaments transcending both for quantity and quality all the violations of Parliaments Priviledges in all his Majesties Predecessors Reignes since England was a kingdome summed up in one together with the late Oxford Propositions for an Accommodation wherein the Houses finall Resolutions Declaring what is Law are called illegall and required to be reversed the power of imprisoning and fining men denyed and prostituted to the censures Writs and Examinations of inferiour Courts by way of Habeas Corpus the just expulsions of their owne Members denyed them all high Violations and denials of the knowne priviledges of Parliament contrary to his Majesties many former and late Printed Protestations and those Acts newly passed concerning Parliaments which will never recover their pristine dignity honour power priviledges if this should miscarry induce the most intelligent to opine that his Majesty long since weary of the yoke of all Parliaments the only Remora to his absolute intended Monarchy and repenting of the Act for continuing this since he hath gained his ends for which it was summoned more out of absolute necessity then love to Parliaments to wit peace with the Scots for the present by an Accommodation wrought by this Parliament purchased with his Subjects mony when as he saw no hopes of repelling them hence by force the paying of his then raised Army against them by the Parliaments free supply is now resolved in prosecution of his pristine Counsels by force or policy to dissolve this Parliament in discontent as he hath done all former and that with such advantages of a generall ill opinion of Parliaments in the ignorant mis-informed vulgar on the one hand and of a prevailing conquering power on his part on the other hand as shall either utterly extinguish the hopes and Bill of summoning any future trienniall Parliamentary Assemblies or at least so emasculate the vigour and eclipse the power of them if called that they shall neither have courage nor might nor meanes to resist his foresaid grand designe if he can now either by force or policy resume the Militia Forts Navy Ammunition into his absolute dispose the onely present obstacle now his forces are so great to gaine a compleate long-expected conquest over his peoples Liberties Lawes Estates and all Parliaments Priviledges if not beings too And if our Parliaments the onely Bulwarkes to protect our Lawes Liberties Estates Lives Religion Peace Kingdome against the devastations of oppressing lawlesse Princes and Officers be once conquered or weakned in the least degree we can expect no other issue but that Tyranny slavery popery shall be ere long entailed upon us and our Heires Soules and bodies forever Secondly By his Majesties frequent imposing of many unlawfull Taxes and Impositions on his Subjects contrary to his Coronation Oath the ancient Lawes of the Realme yea his owne late Statutes Declarations Vowes Promises which designe hath beene carryed on with a strong hand all his Reigne till now and at this present with a farre higher hand then ever which they exemplifie by the Loanes with other Taxes Impositions Grievances complained of in the Petition of Right in the third yeare of his Reigne which Act when first passed with this his Majesties solemne Oration and Protestation Printed with it I doe here declare That these things which have beene done whereby men had some cause to suspect the Liberty of the Subject to be trenched upon shall not hereafter be drawne into example for your prejudice And in time to come IN THE WORD OF A KING you shall not have the like cause to complaine backed with his Royall Declaration to all his Subjects at the breach of that Parliament to like purpose made most men thinke they should never be grieved with illegall Taxes more though the very annexing and Printing of his Majesties two Answers this Speech when he passed the Petition at the end thereof with the Scope and matter of this Speech and other then concurring circumstances made the wisest men suspect it was onely a baite to catch the Temporalties and Clergies five a peece extraordinary great Subsidies then aymed at a greater ayd then was ever before granted at once to any of his Majesties Predecessors and a policy then seemingly to content but subsequently to delude the over-credulous impoliticke Vulgar the verity whereof was at that instant much confirmed by his Majesties clayming even in his very speech when he passed the Petition of Right Tunnage and Poundage as a meere right and his taking it as a just duty without grant by Parliament from his comming to the Crowne till then and since by his extraordinary strange commission granted under the great Seale to divers Lords and others for the laying of an intolerable illegall excise on all the Subjects throughout England and Ireland seconded with the Commission to Dalbere and others for the raysing and importing of German Horse and the billeting of Irish foot in sundry places of England to joyne with those horse to set on this excise even at that very instant when this Petition of Right was debated and passed the breaking up of that Parliament as soone as these Subsidies were granted and the unpatterned inundation of all kinde of unjust Taxes as soone as ever that Parliament was dissolved as fines for Knighthood New-buildings Inclosures exacted Fees not to redresse but authorize them by compositions to get money Shipmony Monopolies of Tobacco Sope Brickes Pins and a world of other particulars upon which annuall rents were reserved Forrest-bounds and offences prosecuted with all Rigour Impositions upon Coale Beare Salt Wines Tobacco and all kinde of Merchandise Lieutenants
right and interest wee cannot say many men but suspect the like and worse usages when these are all surrendred into his Majesties power and that he with his ill Counsellors who had lately such a bloody treacherous designe against Bristoll during the Treaty of Peace and now plainly professe that they never intended the Premises should be put into such persons hands as the Parliament and kingdome might confide in but themselves alone will then as much over-awe the present and all future Parliaments as they doe now the country people where they quarter and handle many active worthy members of both Houses particularly proclaimed rebels by the King without conviction who hath not so violently proceeded against any of the Irish Rebels in this kinde as he hath done against the houses of Parliament and the chiefe well deserving members of it as rigorously if not far worse as any now imprisoned by them notwithstanding that true rule of Seneca Remissius imperanti melius paretur Et non minus Principi turpia sunt multa supplicia quam Medico multa funera Their second generall reason is an ancient â—ore ploâ—teâ— conâ—ederacie between the Popish and Prelaticall Party in the Kingdome to change Religion and re-establish Popâ—ry Which designe hath been vigorously prosecuted long before his Majesties â—aigne but more effectually since his marriage with one of that Religion who in regard of her neerenesse to and continuall presence with him heretofore and activitie to assist him now against his Parliament hath such a meritâ—rious interest in his affections if not powerfull influence upon his will and Councells as may induce his Majestie as well as King Salomon to grant at least a speedy publike long-expected tolleration and free use of the Romish Religion if not a suppression of the Protestant faith throughout the Realme if all the premises be put into his Majesties unlimited power And that which backes this more then conjecturall feare is First the large visible progresse made in this designe before this Parliament as not onely the Houses joynt Declarations but divers Malignant Members declanatory Orations now with the King testifie together with our Prelates manifold Popish Innovations in Doctrines Ceremonies Ecclesiasticall proceedings the Popes Nuncioes Residence neere and free accesse to Court our Agents residence at Rome the Cell of Capuchins Chapples erected for Masse the infinite swarmes of Seminary Priests and Jusuites every where with freedome and impunity the suspention of the Lawes against them and Popish Recusants the late persecutions and suppressions of all godly Preaching Ministers and most zealous Protestants with other particulars clearely demonstrate Secondly the present generall Rebellion and bloody proceedings of the Papists in Ireland to extirpate the Protestant Religion there and the many prevayling Plots of the Irish Rebels party here to delay seize or frustrate all ayde and opposition against them from hence with his Majesties late Commissions to Papists and Protestants and some who have beene in actuall Rebellion to treate and conclude a peace with these Rebells contrary to the very Act he passed this Parliament for Irelands releefe Thirdly his Majesties late letter to the Councell in Ireland to exclude the Parliaments agents and members there from all their Councells and meetings and if reports be credible his Majesties Commissions lately issued to most notorious convicted Papists in Wales Lancashire the North and other parts to arme themselves and raise forces under their Commâ—nds who are now in severall bodies in the field and his inteâ—taiâ—ing of divers Popists and Irish Rebells in his Army to fight against the Parliament contrary to the expresse Lawes of the Realme his owne frequent Proclamations and Protestations â—o entertaine â—o Papists neare hâ—m and to defend the Protestant Religion Which added to the intercepting of the Parliaments provisions for the releefe of the Protestants in Ireland the entertaining of some of the Commanders sent to Ireland by the Parliament agâ—inst the Rebâ—lls if not sending for some of them out of Ireland from that Service to warre against the Parliament with the passes under his Majesties hand for the traâ—sâ—orting of some Popish Commanders since joyned wiâ—h the Irish Râ—bells into Ireland make many jealous heads suspect the common vaunt of the Irish Rebells that they have expresse Commissions both from the Kiâ—g aâ—d Queene to warrant theâ—r â—roceedings thâ—re and that they fight but for them against the Parliâ—mâ—nt Puâ—â—tanes and Parliament-Dâ—gs the Language of the Cavaleeres too learned from them are not onely possible but probable and that thâ—re is a generall designe on foote towards which the Papists in forraigne parts through the Priests and Queenes Negotiations have made large contributions by the Popish Armies now raised in both Kingdomes to sâ—t up Popery in its perfection every where and extirpate the Proteâ—â—ant Religion in all oâ—r Kingdomes which nothing but an absolute conquest of these blood-thirsty Papists caâ— in probability prevent they being already growne so insolent as to say Masse openly in all the Northerne parts and Army and in Reading in affront of God and our Religion If therefore the premises should now be wholy surrendred to his Majestie it is much to be feared that the Popish party now most powerfull would in recompence of their meritorious service and assistance in these warres at leastwise challenge if not gaine the chiefe command of the Ports Navie Ammunition the rather because the Lord Herbert a most notorious Papist both before and since this Parliament enjoyed the sole charge and custodie of all the Military Engines and Ammunition royall at Foxes Hall designed for the Kings chiefest Magazine and then farewell Religion Lawes Liberties our Soules and bodies must become either Slaves or Martyrâ—s Their third generall ground is the constant practise of most of our Kings as Iohn Henry the 3d. Edward and Richard the 2 d with others who after warres and differences with their Parliaments Lords Commons upon accommodations made betweene them as soone as ever they got possession of their Castles Ships Ammunition seised by their Subjects brake all vowes oathes covenants made unto them oppressing them more then ever enlarging their owne prerogatives and diminishing the Subjects Liberties yea taking away many of their lives against Law Oathes Promises Pardons on purpose to enthrall them which still occasioned new Commotions as the premised Histories and others plentifully informe us And that the King considering all his fore-mentioned proceedings and pertinacious adhearing to his former evill Councellours and their Councells should degenerate from his predecessors Policies in case the premises be yeelded wholy to him before our Liberties and Religion be better setled and the just causes of our feares experimentally removâ—d iâ— hardly credible But against these 3. Generall reasons his Majesties many late solemne Protestations and those Acts which he hath passed this Parliament are objected as sufficient security against all future feares To which they answer First that if his Majâ—sties Coronation
they should swarve from â—he way of truth but should give good and wholesome Councell both to the King and Kingdome Whereupon they freely gave the King the 30 th part of all their movable goods except their gold silver horses and armes to be spent on the good of the Republicke with this condition often annexed that the King should leâ—ve the Councell of Aliens and onely use the advise of his naturall Subjects Which Subsidie was ordâ—red to be collected by 4 knights and one clerke in every County and there layd up in some religious house or Castle that if the King should receede from his promise and condition every one might faithfully receive backe his owne againe But no sooner was the Parliament ended but the King breakes all his promises shewes more favour to and is more ruled by strangers then ever before levies the subsidie in a stricter and farre other manner then was prescribed and bestowes most of it on strangers to be transported marrieth his sister Eleanor to Sim â—n Monfort a new come French Exile of meane fortunes suâ—ruâ—eque naturalium hominum consiliis factus est extranâ—us suis bâ— nevolis Regnoque ac Râ—publicae uâ—ilibus factus est cervicosus ita quod per eorum consilium parum aut nihil de negoâ—iis Regni tractaret aut operareâ—ur Which courses with other so incensed the Nobility and generally all the subjects as put them into a new commotion which made him enter into new Articles and promises ratified with seales and Oathes yet still infringed as soone as made After this in the 37. yeare of his Raigne he ratified them in the most solemne and religious manner as Religion and State could ever devise to doe The King with all the great Nobility of England all the Bishops and chiefe Prelates in their Pontificalibus with burning Tapers in their hands assemble to heare the terrible sentence of Excommunication and at the lighting of those candles the King having one of them in his hand gives it to a Prelate there by saying It becomes 〈◊〉 me being no Priest to hold this Candle but my beaâ—â— shall be a greater testimony and withall layd his hand spread upon his breast the whole time the sentence was read in this forme We Boniface Arch-bishop of Canterbury c. by the Authority of Goâ— Almighâ—y and of tâ—e Sonne and of the Holy Ghost and of all Apostle Mâ—rtyrs Confessors Virgins and all tâ—e Saints of God many of them there specially named doe 〈…〉 and separate 〈…〉 Church of God all those who from henceforth wittingly and willingly shall deprive or spoyle the Church of her right likewise all those who by any art or cunning shall rashly violate diminish or altâ—r privily or openly or by 〈◊〉 deed or councell shall rashly come against al oâ— any of the ancient Liberties oâ—â—pprovâ—d customes of the Realme and especially the Libertie and free Customes which are conteined in the Charters of the Common Liberties of England and of the Forest granted by oâ—r Lord the King of England to tâ—e Arch-Bishops Bishops Prelates Earles Barons Knights and Fâ—ee Tenants of England likewise all them who shall make or observe when made any statutes or introduce or keepe when introduced any customes against them or any of them together with the writers Councellors and executioners of such statutes and those who shall presume to judge accordâ—ng to them Insempeternall memory whereof we have thought meete to set our seales And then throwing downe all their Candles which lay smoking on the ground every one cryed out So let every one who incurres this sentence be extinct in hell Then the Bâ—lâ—s ringing cut the King himself solemnely swore and protested with a lowd voyce with his hand upon his brest As God me hâ—lpe I will faithfully and inviolably keep these things as I am a Man a Christian a Knight a KING CROWNED ANO INTED Which done Robert Bishop of Lincolne fore-thinking that the King would violate the foresaid Charters presently caused the like excommunication to be made in all his innumerable Parish Churches which sentence would make mens eares to tingle and their hearts not a little to tremble Never were Lawes amongst men except those holy Commandments from the Mount established with more majestie of Ceremony to make them reverend and respected then were these they wanted but â—hunder and lightning from heaven which if prayers would have procured they would likewise have had to make the sentence ghastly and hideous to the infringerâ—â—ereof The greatest security that could be given was an oath and that solemnely taken the onely chain on earth besides love to tie the conscience of man and humane Society together which should it not hold us all the frame and government must needes fall quite asunder Who would have once imagined that a man a Christian a Knight a King after such a publicke oath and excommunication would ever have violated his faith especially to his loyall Subjects yet loe almost a miracle though over-common among our Kings the very next words in my Historian after this Oath and Excommunication are these The Parliament being thus dissolved the King PRESENTLY using ill Counsell studied how to infringe all the premises these whisperers of Satan telling him that he neede not care though he incurred this sentence for the Popâ— for one or two hundred pounds will absolve him who out of the fulnesse of his power can loose and binde whatsoever he pleaseth c. which the Pope soone after did and the King returned to his former oppressive courses more violently than before Well then might the royall Prophet give us this divine caution O put not youâ— trust in Princes Surely men of high degree are a lye to be layd in the ballance they are altogether lighter thâ—n vainty both in their oathes and promises Hence* Isable Countesse of Arundle a well spoken Lady receiving a repulse from this Kings hands about a Ward whereto she conceived she had right the King giving her a harsh answere and turning from her sayd thus to his face O my Lord King why turne you away your face from justice that we can obtaine no right in your Court You are constituted in the midst betweene God and us but you neither governe your selfe nor us discreetely as you ought You shamefully vex both the Church and Nobles of the Kingdome by all wayes you may which they have not only felt in present but often heretofore The King fired 〈◊〉 so free a speech with a scornefull angry countenance and lowd voyce answered What my Lady Countesse have the Lords of England because you have tongue at will made you a Charter and hired you to be their Orator and Advocate Whereunto she replyed Not so my Lord they have not made any Charter to me but that Charter which your Father made and which your selfe have oft confirmed swearing to keepe the same inviolably and constantly and often extorting money upon promise that the
of divers Malignants about the King who will challenge all places of trust from his Majestie as just reward for their faithfull service as they did in Henry the 〈◊〉 this raigne when Mathew Paris complained and the whole Kingdomâ— with him in this manner Iudicia 〈◊〉 injustis leges exlegibus 〈…〉 c. Who when they have all power and offices shared among them will be apt to meditate and act revenge on the primest of their Parliamentary Opposites to oppresse and fleece the Subjects to repaire their losses their expences in this warre or their poore decayed fortunes All these with other such like probable subsequent considerations may iustly plead the inconvenience and great danger to Parliament and Kingdome to make an absolute present surrender of the Militia Forts Navie ammunition into such untrusty hands as are likely to turne them all against them and to prooue mischeivous if not pernicious unto both for the premised reasons Pestifera vis est valere ad nâ—cendum especially if it be in Malignant hands And here to avoyd all misinterpretations of this impartiall discourse I seriously protest that as I heartily desire and constantly endeavour a speedy safe cordiall vnion between King Parliament People so have I most unwillingly been necessitated to repeat the premised objections much feared designes and experimentall contradictions betweene many late Protestations and actions frequent in Parliamentary Declarations new printed Pamphlets and most mens mouthes not out of any disloyall seditious intention as some will maliciously mis-conster it to staine his Maiesties Reputation with his people and make the breach betweene them incurable that they may never trust one another more but onely faithfully to demonstrate to his Highnesse and all about him the great disservice and impoliticke pernicious advise of those ill Counsellors who have most unhappily engaged him in such pernicious proiects and frequent repugnances of workes and words as have given both Parliament and people a more then colourable if not iust occasion to distrust his Maiesties gracious words and promises for the present till they shall visibly discerne them more punctually observed and reallized for the future and made them so unhappy on the one hand that now they dare not trust his Majesty so farre forth as they desire out of a provident care of their owne future security and His Highnesse so unfortunate on the other hand as to grow jealous of their Loyalties because they will not conside in his Royall Faith and Protestations so farre as he expects out of a care to preserue his owne Kingly Honour In this unhappy diffidence occasioned onely by His Majesties cvill Counsell betweene King and Kingdome a reall future renouncing of all forenamed suspected designes and actuall performance of all Regall promises will be the onely meanes to cure all Ielousies banish all feares remove all diffidences and beget an assured trust firme peace and lasting unity between King and Subjects to their mutuall unexpressible felicity which I shall dayly imprecate the God of Peace speedily to accomplish But to returne to the matter in hand Secondly It is conceived by many indifferent men to be farre more reasonable and safe both for King and Kingdome as things now stand that the Miliâ—ia Ports c. till our feares and jealousies be quite removed should remaine in the Parliaments hands then in the Kings alone which they thus demonstrate First Because all these are the Kingdomes in right property use not the Kings Who being but the Kingdomes Royall publicke Servant may with Honour and better reason deliver up the Custody of them to the representative Body of the Kingdome for a reason then detaine them from them when they require it Secondly Because the Parliament is the Superiour Soveraigne power the King but the Ministeriall and it is more rationall and just that the inferiour should condiscend to the greater Power the Ministeriall to those hee serves then they to him Thirdly Many men of Honour and fidelity are more to be trusted and credited then any one man whatsoever because not so mutable so subâ—ect to seduction corruption errour or selfe-ends as one or very few This is the true reason there are many Iudges in all Courts of Iustice most select Members in the highest Court of all the Parliament as there was in the Roman Senate in Foraigne Parliaments in Nationall and Generall Councels because Courts of greatest trust and power many being more trusty and juditious then one or a few Whence Solomâ—n doubles this resolution In the multude of Counsellors there is safety yea two saith hee are better then one in point of trust whence wise men of great estates make many 〈◊〉 or Executors and seldome doe cofide in one alone The Parliament therfore being many and the King but one are most to be confided in by the Kingdome Fourthly Kings have frequently broke their Faith and Trust with their Parliaments and Kingdomes Parliaments seldome or never violated their trust to King or Kingdome therefore it s more just lesse dangerous for King and Kingdome to trust the Parliament then the King Fiftly The Parliament is elective consisting for the most part of the principall men in every County City Burrough in whom the people who elected them most confide The King successive not Elective Therefore not so much confided in by the Kingdome as the Parliament Sixtly The Parliament being the great Counsell both of King and Kingdome consisting of the ablest men of all Counties is better able to judge and make choyce of fit persons to manage and keep the premises for the publike safety then the King alone without their advise Seventhly The Parliament heretofore hath elected the greatest Officers of the Kingdome yea the King himselfe when the Title to the Crowne hath been doubtfull the inheritance and discent whereof hath in all or most Princes raignes beene constantly guided and setled by the Parliament as I have formerly proved because it most concernes the weal or woe the peace safety of the Realme to have trusty Officers Therefore by the selfe-same reason they should for the present appoint all Officers for the custody and ordering of the Premises Eightly The Kings trusting the Parliament with these things for a convenient time wil be the only meanes to remove the peoples feares prevent their dangers quiet their mindes beget a perfect vnity and amity between King Parliament Subject and prevent all future differences whereas the present resigning of them to his Majesties trust and power will but augment their jealousies feares dangers discontents and neither pacifie former differences nor prevent future but rather perpetuate and beget them especially if any notorious Papists Malignants the likeliest men to be imployed vnder his Maiesty be trusted with any of the premises which will endanger both Liberties and Religion of which there will be no feare at all if the Parliament and such as they shall nominate be the onely Trustees In fine If neither King nor
judicature as both King and Kingdome may confide in which will be so far from depressing that it will infinitely advance both the Kings Honour Justice profit and the Kingdomes too Seventhly It is undeniable that the Counsellours Judges and Officers of the Kingdome are as well the Kingdoms Councellours Officers and Iudges as the Kings yea more the Kingdoms than the Kings because the King is but for the Kingdoms service and benefit This is evident by the Statute of 14 E. 3. c. 5. which enacts that as well the Chancellour Treasurer Keeper of the Privie Seale the Iustices of the one Bench and of the other the Chancellour and Barons of the Exchequer as Iustices assigned and all they that doe meddle in the said places under them shall make an Oath well and lawfully to SERVE the King and HIS PEOPLE in THEIR OFFICES which Oath was afterward enlarged by 15 E. 3. c. 3. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. 1 Rich. 2. c. 2. swearing and injoyning them To doe even Law and execution of right to all the Subjects rich and poore without having respect to any person c. And if any of them doe or come against any point of the great Charter or other Statutes or the Lawes of the Land by the Statute of 15 E. 3 c. 3. he shall answer to the Parliament as well at the Kings suite as at the suite of the party Seeing then they are as well the Kingdomes Councellours Officers Iudges as the Kings and accountable responsible for their misdemeanours in their places as well to the Parliament and Kingdom as to the King great reason is there that the Parliament Kingdome especially when they see just cause should have a voice in their elections as well as the King The rather because when our Kings have been negligent in punishing evill Councellours Officers Iudges our Parliaments out of their care of the publike good have in most Kings reignes both justly questioned arraigned displaced and sometimes adjudged to death the Kings greatest Counsellours Officers and Iudges for their misdemeanours witnesse the displacing and banishing of William Longcham Bishop of Ely Lord Chauncellour chiefe Iustice and Regent of the Realme in Richard the 1. his Reigne Of Sir Thomas Wayland chiefe Iustice of the Common pleas attainted of Felony and banished for bribery by the Parliament 18 Ed. 1. the severall banishments of Piers Gaveston and the â— Spensers the Kings greatest favourites Officers Counsellors for seducing miscounselling King Edward the second oppressing the Subjects and wasting the Kings revenues the removall and condemnation of Sir William Thorpe Chiefe Iustice of the Kings Bench for Bribery 25. E. 3. The fining and displacing of Michael de 〈◊〉 Pole Lord Chauncellour Alexander Nevell and divers other great Officers and Privie Counsellours with the condemning executing and banishing of Tresilian 〈◊〉 and other Judges in 10 11 Rich 2. by Parliament for ill Councell and giving their opinions at Nottingham against Law Of Empson Dudley and that grand Cardinall Wolsey Lord Chancellour and the Kings chiefest Favourite and Counsellour in Henry the eight his Reigne Of the Duke of Sommerset Lord Protector and his Brother Lord Admirall for supposed Treasons in Edward the 6 th his Reigne Of Sir Francis Bacon Lord Keeper and Cranfield Lord Treasurer in King Iames his latter dayes with infinite other presidents of former and latter ages and one more remarkable then all the rest In the Yeare 1371. the 45. of King Edward the third his Reigne and somewhat before the Prelates and Clergy-men had ingrossed most of the Temporall Offices into their hands Simon Langham Arch-bishop of Canterbury being Lord Chancellour of England Iohn Bishop of Bath Lord Treasurer William Wickam Archdeacon of Lincolne Keeper of the Privie Seale David Wolley Master of the Rolles Iohn Troy Treasurer of Ireland Robert Caldwell Clerke of the Kings Houshold William Bugbrig generall Receiver of the Dutchy of Lancaster William Ashby Chancellour of the Exchequer Iohn Newneham and William de Mulso Chamberlaines of the Exchequer and keepers of the Kings Treasury and Iewels Iohn Roxceby Clerke and Comptroller of the Kings works and Buildings Roger Barnburgh and 7 Priests more Clerkes of the Kings Chancery Richard Chesterfield the Kings under-Treasurer Thomas Brantingham Treasurer of Guives Merke and Calis All these Clergie-men who abounded with pluralities of rich Spirituall Livings though they Monopolized all these temporall Offices in the Parliament of 45 Edward the 3d. by a Petition and complaint of the Lords were displaced at once from these Offices no wayes suitable with their functions and Lay-men substituted in their places And a like president I find about 3 Hen. 3d. where the Clergy Lord Chancellour Treasurer with other Officers were removed upon a Petition against them and their Offices committed to Temporall-men whom they better beseemed If then the Parliament in all Ages hath thus displaced and Censured the greatest Councellours state-State-Officers Iudges for their misdemeanours ill Counsell insufficiency and unfitnesse for these places contrary to that twice condemned false opinion of the over-awed Iudges at Nottingham in 11 R 2. That the Lords and Commons might not without the Kings will impeach the Kings Officers and Iustices upon their Offences in Parliament and he that did contrary was to be punished as a Traitour and that upon this very ground that they are the Kingdoms Counsellours Officers and Iustices as well as the Kings and so responsible to the Parliament and Kingdome for their faults I see no cause why they may not by like reason and authority nominate and place better Officers Counsellours Iudges in their steeds or recommend such to the King when and where they see just cause Eightly Iohn Bodin a grand Polititian truely determines and proves at large That it is not the right of election of great Officers which declareth the right of Soveraignty because this oft is and may be in the Subjects but the Princes approbation and confirmation of them when they are chosen without which they have no power at all It can then be no usurpation at all in the Parliament upon the Kings Prerogative to nominate or elect his Councellours great Officers and Iudges or recommend meet persons to him which is all they require so long as they leave him a Power to approve and ratifie them by Writs or speciall Patents in case he cannot justly except against them Of which power they never attempted to divest his Majesty though he be no absolute but only a politick King as Fortescue demonstrates Ninthly It hath beene and yet is usuall in most Forraigne Kingdomes for the Senate and people to elect their publike Offiâ—ers and Magistrates without any diminution to their Kings Prerogative In the Roman State the people and Senate not only constantly elected their Kings and Emperours but all their other grand publike Officers and Magistrates as Consuls Tribunes Dictators Senators Decemviri and the like
were elected by the people who prescribed them Lawes Oathes and had power to question to punish remoove and censure them when they offended Solon and Aristotle with other great Politicians debating this Question Whether the power of Electing and censuring the Magistrates and chiefe Officers ought to resids in the people Conclude offirmatively That it is most necessary and convenient this power should rest in the people because else the people shall become both the servants and enemies of their Princes if they have not this power and because all the people together are more considerable and better able to judge of the goodnesse and fitnesse of Magistrates for them then any few select particular men which are more apt to be seduced with by-endâ— then a great multitude Whence among the Lacedemonians and in most Kingdomes and Republicks in Greece the people had both the election yea and correction of their Magistrates and chiefe State Officers as they manifest In the Kingdome of Aragon in Spaine their ancient Suparbiense Forum their Iustitia Aragoniae and Rici homines who are their principall Magistrates Great Counsell of State and Priviâ— Counsellours to their King both in Warre and Peace having power over their Kings themselves to examine and censure all their Actions and remove them if there be cause with all their Members Knights and Burgesses of their Parliaments held formerly once a yeâ—re but now once every second yeare by fixed Lawes anciently were and at this day are elected by the People and not the King In the Germane Empire the Electorship Chancellourship and all great Offices of State are hereditary and successive not chosen by the Emperour and the greatest part of inferiour Magistates are elected in most Provinces and Cities by the people In Polonia the Archbishop of Gnesne is by inheritance alwayes Chancellour of the Realme In Hungary the great Palatine the chiefest Officer of that Kingdome next to the King himselfe who at home determineth and judgeth all differences between the King and Subjects according to the Lawes of that Realme est enim apud Panonios in usu Regem si quid contra Legem fecerit legibus subijci and during the interregnum hath right to summon Parliaments and generall assemblies of the Estates yea the chiefe hand and power in electing a new King and the Soveraigne command in the Warres Adeo ut sontes punire bene de re publica â—â—ritis praemia discernere fundosque qui 20. vel 30. agricolarum capaces sunt juris haerâ—ditarij nomine conferre possit c. as Nicholaus Isthuanfus writes is elected by the States and Parliament of Hunâ—ary not the King And in this manner Bethrius was elected Palatine in a full assâ—mbly of the States Senatus Nobiliâ—tiâ—sque consensu Anno Dom. 1517. and the Vayvode put by In Venice the Senate and people chuse all the great publike Officers not the Duke In Poland where the King is elective by the Law of Sigismond Augustus all the Magistrates of every Countrey were to be chosen by the particular States of every Government and so they are now In Denmarke and Sweden and Bohemia the Kings themselves are Elective by the States and people and most of their publike Officers too When Rome and Italy were under the Gothish Kings they still elected their publike Officers as is evident by King Theodoricus Letter of approbation of their Election in these words Our consent Reverend Fathers doth accompany your jâ—dgement In Scotland Anno 1295. the Scots in King Iohn Bayliols Reigne considering his simplicity and unapâ—nâ—sse elected them 12. Peeres after the manner of France to wit 4. Bishops 4. Earles and 4. Lords by whose counsell the King ought to Governe the Realme and by whose ordination all the affaires of the Kingdome should be directed which was principally done in affront of King Edward the first by whom this Iohn was made King of Scotland in some sort against the Scots good liking some of them secretly murmuring against it In France it selfe where the King as some thinke and write is an absolute Monarch the greatest publike Officers anciently have sometimes been Elected by the Three Estates of Parliament Anno 1253. The States of France Elected the Earle of Leycester their Grand Seneschall and chiefe Counsellour of State to advise them and their desolate estate what to doe In the Yeare 1324. Arthur Duke of Brittaine was chosen Constable of France by the voice of all the Peers of the Great Counsell and Parliament and thereupon was admitted to that Grand Office In the Yeare 1357. the 7 th of King Iohn of France the Archbishop of Roan Chancellour of France Sir Simon de Bury chiefe Counsellour of the King and of the Parliament Sir Robert de Lorize Chamberlaine to the King Sir Nicholas Brake Master of the Kings Pallace Eguerrain Burges of Paris and Under-Treasurer of France Iohn Priest Soveraigne-Master of the Money and Master of the Accounts of the King and Iohn Chauneon Treasurer of the Kings Warres were all complained of by the Three Estates of France assembled in Parliament for misguiding the King and Realme their goods confiscated to the King themselves removed from these Offices and others elected in their places by the States In the Yeare 1408. by a Law made in the Parliament at Paris it was decreed That the Officers of the High Court of Parliament should be made by the Parliaments Election and those then vacant were so which Law was againe revived by King Lewis the 11 th in the Yeare 1465. And after him in the time of Charles the 8 th not onely the Presidents the Kings Counsellours and Advocates were made by election but even the Kings Atturney Generall the onely man of all the body of the Court that oweth not Oath but to King onely was chosen by the suffrages of the Court in the Yeare 1496. though their Letters of Provision and confirmation of their Election then were and yet are alwayes granted by the King About the Yeare 1380. the Earle of Flanders who had regall Jurisdiction exacting new Customes and Taxes from his Subjects contrary to their Liberties they thereupon expelled him with all his Family and Counsellours out of their Countrey And refused upon any termes to submit to his Governement unlesse he would remove all his evill Counsellours from him and deliver them into their hands to be punished Et recipere SOLVM VELIT CONSILIARIOS EX COMMVNIS VVLGI DECRETO and would receive such Counsellours onely as his people by common decree should assigne him which he was constrained sore against his will to condescend too ere they would restore him Since then the Councellours Magistrates Judges and Prime Officers of State in most other Kingdomes have beene thus elected by the people and Parliaments without any enchrochments upon their Kings just Regalities Why our Parliament now may not claime and enjoy the like Priviledges without any impeachment
deny to your Lord the King especially when the servants ought not at all to judge their Lord nor the vassalls their Prince nor to restraine him with their conditions Yea verily who ever are reputed inferiours ought rather to be directed by the pleasure of their Lord and to be regulated by his will for the servant is not above his Lord nor yet the Disciple above his Master Therefore he should not be as your King but as your servant if he should be thus inclined to your will Wherefore he will neither remove Chancellour nor Iustice nor Treasurer as you have propounded to him to doe neither will he substitute others in their places He likewise gave a cavilling answer to the other Articles though wholesome enough to the King and demanded an ayde to recover his right in forraigne parts When the Barons heard this answer it appeared more cleere then the light that these things sprung from those ill Councellours whose weakened power would be utterly blowne up if the Councell of all the Baronage should be hearkened to Wherefore they all gave this unanimous peremptory answer That they would grant no ayde at all to impoverish themselves and strengthen the enemies of the King and Kingdome and so the Parliament being dissolved with indignation unusquisque spe fraudatus a Parliamento frustra diu expectato nihil nisi sannas cum frivolis amissis laboribus cum expensis ut solent saepius reportarunt Which when the king had seene he was put into a vehement anger and said to his Councellours Behold by you the hearts of my Nobles are turned from me Behold I am like to lose Gascoigne Poyteirs is spoyled and I am destitute of Treasure What shall I doe Whereupon to satisfie him they caused his Plate and Iewels to be sold and invented sundry new projects to raise monies The very next Yeare 1249. the Lords assembling againe at London at the end of Easter pressed the King with his promise made unto them That the chiefe Iusticiar Chancellour and Treasurer might BE CONSTITVTED BY THE GENERALL CONSENT OF THE KINGDOME which they most certainely beleeved they should obtaine but by reason of the absence of Richard Earle of Cornewall which was thought to be of purpose they returned frustrate of their desire for that time Anno 1254. in another Parliament summoned at London in Easter Tearme the Lords and Commons require and claime againe their former Rights in electing the Iusticiar Chancellour and Treasurer but after much debate the Parliament is proroged and nothing concluded Yet the Lords and Commons would not be thus deluded of their right which to regaine they strained their Jurisdiction to an higher Note then ever they had done before For in the Yeare 1258. the Barons seeing the Realme almost destroyed with Taxes and exactions and Poictovines to domineere and rule all things in England effectually to redresse these grievances and reforme the State of the Realme in a Parliament at Oxford to which they came very well armed by advise of some Bishops among other Articles they demanded of the King That such a one should be chiefe Iusticiar who would judge according to Right c. And that 24. others write 12. persons Whom Fabian stiles the Douze Peeres should there be chosen to have the whole administration of the King and State by reason of the Kings former misgovernment and the YEARELY APIOINTING OF ALL GREAT OFFICERS reserving onely to the King the highest place at meetings and salutations of honour in publike places To which Article the King and his Soâ—ne Prince Edward out of feare not onely assented and subscribed but likewise tooke a solemnâ— Oath to performe them all the Lords and Bishops taking then the like Oath to hold and maintaine these Articles inviolably and further they mâ—de all that would abide in the Kingdome to sweare also to them the Arch-Bishops and Bishops solemly accursing all such as should Rebell against them Which Articles the King and his Son labouring by force of Arms to annull they were notwithstanding enforced to confirme them in 3. or 4 subsequent Parliaments By vertue of these Articles enacted thus in Parliament those Lords not only removed old Sherifes of Counties appointed by the King and put in new of their owne chusing but likewise displaced Philip Lovell the Kings Treasurer with divers Officers of the Exchequer and sundry of the Kings meniall servants setting others whom they liked in their places and made Hugh Bygod Lord Chiefe Justice who executed that Office valiantly and justly nullatenus pâ—rmittens jus Regni vacillare creating likewise a new Chancellour and removing the old After this in a Parliament at London Anno 1260. they consulted about the electing of new Justices and of the Chancellour and Treasurer of England for the following yeare these places being made annull by the former Parliament in pursuance whereof Hugh Bigod his yeare expiring Hugh Spenser was by the Lords and Parliament appointed to be his successour and made Lord Chiefe Iustice and likewise Keeper of the Tower of London by the consent of the King and Barons and by authority of this Parliament the Abbot of Burgh succeeded Iohn de Crakedale in the Treasurership and the Great Seale of England was by them committed to the custody of Richard then Bishop of Ely The very next yeare 1261. the Barons with the consent of the selected Peeres discharged Hugh Spenser of his chiefe Iusticeship when his yeare was expired and substituted Sir Philip Basset in his roome In which yeare the King appointed Justices of Eyre through England without the Lords contrary to the Provisions of the Parliament at Oxford they coming to Hereford to keepe a Sessions there and summoning the County to appeare before them on Hockeday divers chiefe men of those parts who sided with the Barons assembled together and strictly commanded those Iudges not to presume to siâ— against the Ordinances of Oxford neither would any other of the people answer them in any thing whereupon acquainting the King with this opposition they departed thence without doing ought and the King making this yeare new Sherifes in every Couunty displacing those the Barons had made the inhabitants of each County hereupon marfully repulsed them and would not obey nor regard nor answer them in any thing whereat the King was much vezed in minde and upon a seeming shew of reconciliation to the Barons going to Dover and Rochester Castles committed to the Barons custody for the Kingdomes safety they permitted him to enter peaceably into them without any resistance Upon which minding to breake his former oaths for the keeping of the Oxford Articles he first seiseth upon these and other Castles and then coming to Winchester Castle where he had free entrance permitted him by the Barons who suspected no ill dealing he tooke it into his owne custody whether he called to him the Chiefe Iustice and Chancellour not long before made that yeare by the Barons commanding them to
that in every Parliament at the third day of the same Parliament the King shall take to his hands the Offices of all the Ministers aforesaid and so shall they abide 4 or 5 dayes except the Offices of Iustices of the one place and the other Iustices assigned Barons of the Exchequer so alwayes that they and all other Ministers be put to answer to every complaint And if default be â—ound in any of the said Ministers by complaint or other manner and of that be attainted in the Parliament he shall be punished by judgement of his Peeres out of his Office and other convenient set in his place And upon the same our said Soveraigne Lord the King shall doe to be pronounced to make execution without delay according to the Iudgement of the said Peeres in the Parliament Loe here an expresse Act of Parliament ordained and established by King Edward the third by assent of the Prelates Earles Barons and other great men and of all the Commonalty of the Realm which this King did give and grant for him and his heires firmely to be kept and holden for ever that all great Officers Barons Iudges and Iustices of the Kingdome and chiefe attendants about the King and Prince should not onely take the fore-mentioned Oath but be elected alwayes by the accord of the great Men and good Councell neare and about the King out of Parliament and by the Peeres in Parliament and the King bound to make execution according to their Iudgement This Law as I conceive was never legally repealed by Parliament but onely by this Kings Proclamation by the ill advice and forced consents of some few Lords and Councellours about him upon pretence that he never freely assented to it but by dissimulation onely to obtaine his owne ends that Parliament which else would have miscarried and broken up in discontent had not this Law beene granted in manner aforesaid Which consideration makes me confident that the Parliament being so eager to obtaine this Law would never so soone yeeld wholly to repeale it and so for ought I know it stands yet in force to justifie the present Parliaments claime in this particular In 2 E. 3. c. 8. 14 E. 3. c. 5. 18 E. 3. Stat. 3. 20 E. 3. c. 1 2 3. divers notable Oathes are prescribed to Iudges Iustices and other Officers and that they shall not delay nor forbeare to doe right for the Kings great or little Seale or any letters from him or any other but goe forth to doe the Law notwithstanding them In the Yeare 1375. the 50 of Edward the 3d. his raigne a Parliament commonly called the good Parliament by our Historians being assembled the King required a Subsidie by reason of his warres to which the Commons answered that they could no longer beare such charges considering the manifold most grievous burdens they had from time to time borne before and that they knew full well that the King was rich enough to defend him and his Land if his Land and the Treasure were well guided and governed but it had beene long evill ruled by evill Officers so that the Land could not be plenteous neither with Merchandize chaffer nor riches By reason whereof and of their importunate charges the Commonalty was generally impoverished Moreover the Commons complained upon divers Officers that were the causers of this mis-order whereof the Lord Latimer then Lord Chamberlaine was principall and Dame Alice Piers the Kings Concubine who would usually in most impudent manner come in person into all Courts of Iustice and sitting by the Iudges and Doctors perswade or disswade them to judge against the Law for her owne advantage on that side for which she was engaged to the great scandall and dishonour of the King both in his owne and other Realmes and Sir Richard Scurry Knight by whose Councells and sinister meanes the King was mis-guided and the government of the Land disordered Wherefore they prayed by the mouth of their Speaker Sir Piers de la Mare that the said persons with others might be removed from the King and others to be set in authority about his person as should serve for his honour and for the weale of his Realme Which request of the Commons by meanes of the Noble Prince Edward was accepted so that the said persons with the Duke of Lancaster and others were removed from the King and other Lords by advise of the said Prince and other wise Lords of the Realme PER PARLIAMENTVM PRAEDICTVM writes Walsingham were put in their places such as the Prince and Peers thought fittest Moreover in this Parliament at the Petition of the Commons it was ordained That certaine Bishops Earles and other Lords should from thence forth govern both the King and Kingdom the King being then in his dotage unable to governe himself or the Kingdome because the king was growne old and wanted such Governours This passage is thus expressed in the Parliament Roll of 50. E. 3. numb 10. Also the Commons considering the mischiefes of the Land shewed to the King and Lords of the Parliament that it shall be for the honour of the King and profit of all the Realme which is now grieved in divers manners by many adversities as well by the wars of France Spaine Ireland Guyon and Bretaigne and else-where as likewise by the Officers who have been accustomed to be about the King who are not sufficient at all without other assistance for so great a government wherefore they pray that the Councell of our Lord the King be inforced or made up of the Lords of the Land Prelates and others to the number of 10. or 12. which the King shall please to remaine continually with the King in such manner that no great businesse shall passe or be there decreed without all their assents and advice and that other lesser businesses shall be ordered by the assent of 6 or 4. of them at least according as the case shall require so that at least 6. or 4. of such Counsellours shall be continually resident to councell the King And our Lord the King considâ—ring the said request to be honourable and very profitable to him and to all his Realme hath thereto assented provided alwayes that the Chancellour Treasurer or Keeper of the Privy seale and all other Officers of the King may execute and dispatch the businesses belonging to their Offices without the presence of the said Councellours the which the King hath assigned c. But this Ordinance lasted scarce three moneths for after the Commons had granted a Subsidy of foure pence the pole of all above foureteene yeares old except Beggars Prince Edward dying and the Parliament determining these removed ill-ill-officers got into the Court and their offices againe and by the instance and power of Alice Piers the Speaker De la Mare was adjudged to perpetuall prison in Nottingham Castle an Act without example in former times and which did no good in this where he remained prisoner
and 14. The Bishop of Durham late Chancellour of England to Henry the 5. deceased and the Bishop of London Chancellour of the Dutchy of Normandy severally shew that upon King Henry the 5. his decease they delivered up their severall Seales after their homage and fealty first made to King Henry 6. in the presence of divers honourable persons whom they name particularly desiring the Lords to attest their surrender of the said Seales at the time and place specified which they did and thereupon they pray that a speciall act and entry thereof may be made in the Parliament Rolls for their indemnity which is granted and entred accordingly Numb 15. It was enacted and provided by the said Lord Commissioner Lords and Commons that in as much as the Inheritance of the Kingdomes and crownes of France England and Ireland were now lawfully descended to the King which title was not expressed in the Inscriptions of the Kings Seales whereby great perill might accrue to the King if the said inscriptions were not reformed according to his Title of Inheritance that therfore in all the Kings Seales as well in England as in Ireland Guyen and Wales this new stile should be engraven Henricus Dei Gratia Rex Franciae Angliae Dominus Hiberniae according to the effect of his inheritances blotting out of them whatever was before in them superfluous or contrary to the said stile and that command should be given to all the keepers of the said Seales of the King to reforme them without delay according to the forme and effect of the new Seale aforesaid Numb 16 Duke Humfrey the Kings Commissary and the other spirituall and temporall Lords being sate in Parliament certaine Knights sent by the Speaker and whole House of Commons came before them and in the name and behalfe of the said Commonalty requested the said Duke that by the advise of the said Spirituall and Temporall Lords for the good government of the Realme of England he would be pleased to certifie the said Commons to their greater consolation what persons it would please the King to cause to be ordained for the Offices of Chancellor and Treasure of England and Keeper of his Privie Seale Vpon which request so made due consideration being had and full advise taken and the sufficiency of those persons considered which deceased King Henry the Kings Father now had in his descretion assigned to those Offices as fitting enough the King following his Fathers example and advise by the assent of the said Lord Duke his Commissary and of all and every one of the Lords spirituall and temporall hath nominated and ordained anew the Reverend Father Thomas Bishop of Durham to the Office of his Chancellour of England William Kinwolmaâ—sh Clerk to the Office of Treasurer of England and Mr. Iohn Stafford to the Office of the Keeper of the Privie Seale And hereupon the King our Lord willeth By THE ASSENT AND ADVISE aforesaid that 〈◊〉 well to the said Chancellor of England as to the said Treasurer of England and to the said Keeper of his Privie Seale for the exercise of the said Offices severall letters patents should be made in this forme Henâ—icus Dei gratia Rex Angliae Franciae Dominus Hâ—berniae omnibus ad quos presentes liteâ—ae pervenerint 〈◊〉 Sciatis quod De AVISAMENTO ET ASSENSV TOTIVS CONSILII NOSTRI IN PRAESENTI PARLIAMENTO NOSTRO EXISTENTES constituimus venerabilem patrem Thomam Episcopum Dunelmensem CANCELLARIVM nostrum ANGLIAE dantâ—s concedentes DE AVISAMENTO ET ASSENSV PRAEDICTIS eidem Cancellario nostro omnes omnimodas auctoritatem potestatem adomnia ea fingula quae ad officium cancellarii Angliae de jure sive consuetudine pertinent seu quovis tempore pertinere consueverunt c. The like Patents verbatim are in the same role mutatis mutandis made to the said Treasurer of England and Keeper of the Privy Seale After which the said Duke by advice and assent of the Lords spirituall and temporall sent the Archbishop of Canterbury the Bishops of Winchester and Worâ—ester the Duke of Excester the Earle of Warwicke the Lords of Ferrers and Talbot to the Commons then being in the Commons House and notified to the Commonalty by the said Lords these Officers to be nominated and ordained to the foresaid offices in forme aforesaid Vpon which notice so given THE SAID COMMONS WERE WEL CONTENTED with the nomination and ordination of the foresaid Officers so made rendring many thanks for this cause to our Lord the King and all the said Lords as was reported by the said Lords in the behalfe of the Commons in the said Parliament Numb 17. The liberties Annuities and Offices granted by King Henry the 5. and his Ancestors to Souldiers in forraigne parts are confirmed by Parliament and their grants ordered to be sealed with the Kings new Seales without paying any Fine Numb 18. Henry the 5. his last Will and the legacies therein given are confirmed by the Kings Letters Patents with the assent of the Lords and Commons in Parliament Numb 19. A subsidy is granted to be imployed for the defence of the Realme of England to which end the Lord Protectour promiseth it shall be diligently imployed Numb 22. and 23. The King by assent of all the Lords spiritual and temporall wills and grants that his deare Vncle the Duke of Gloucester shall have and enjoy the Office of the Chamberlaine of England and of the Constableship of the Castle of Gloucester from the death of the Kings father so long as it shall please the King with all the fees profits and wages thereunto belonging in the same manner as they were granted to him by his Father Numb 24. The 27. day of this Parliament the tender age of the King being considered that he could not personally attend in these dayes the defence and protection of his Kingdome of England and the English Church the same King fully confident of the circumspection and industry of his most deare Vncles John Duke of Bedford and Humfrey Duke of Gloucester By ASSENT AND ADVICE OF THE LORDS as well Spirituall as Temporall and LIKEWISE OF THE COMMONS in this present parliament hath ordained and constituted his said Vncle Duke of Bedford now being in forraigne parts PROTECTOR and DEFENDER OF HIS KINGDOME and of the Church of England and PRINCIPALL COVNSELLOR of our Lord the King and that he shall both be and called Protector and Defendor of the Kingdome and the Principall Councellor of the King himselfe after he shall come into England and repaire into the Kings presence from thenceforth as long as he shall stay in the Kingdome and it shall please the King And further our Lord the King BY THE FORES AID ASSENT and ADVICE hath ordained and appointed in the absence of his said Vncle the Duke of Bedford his foresaid Vncle the Duke of Gloucester now being in the Realme of England PROTECTOR of his said Realme and Church of England
that they be sworne to fore my Lord of Glocester and all the Lords of the Counsell that for no friendship they shall make no man privy but the Lords of the Counsell what the King hath in his Treasorie Numb 32. Item that the Clark of the Counsell be charged and sworne to truely enact and write daily the names of all the Loras that shall be present from time to time to see what how and by whom any thing passeth Numb 33. And after that all the Lords aforesaid had read before them the said Articles in Parliament and had well considered of them and fully assented and accorded to them the scedule of paper by certaine of the Honorable Lords of Parliament on behalfe of the King and all the Lords in Parliament was sent and delivered to the Commons to bee ascertained of their intent whereupon after the said Commons had advised the said Lords repeated in the said Parliament that the Commons thanked all the Lords and that THEY WERE WELL CONTENTED with all there contained in the said scedule WITH THIS that to the first of the said Articles there should be added one clause of purveiu which the said Lords repeated on the behalfe of the said Commons who delivered it to them in Parliament in one parchment scedule written in French the tenour whereof ensueth Provided alwayes that the Lords and other persons and Officers which have estate and authoritie some of inheritance some for terme of life and otherwise to make and institute by vertue of their offices deputy Officers and Ministers which appertaine to them to make of right and as annexed to them and to their offices of ancient time accustomed and used shall not be restrained nor prejudiced of that which appertaines to them by colour of this Ordinance or appointment To which parchment scedule and the contents thereof read before the Lords in Parliament the said Lords well agreed and fully consented Numb 44. The Queen Mothers dower formerly agreed appointed and sworne to buy all the three estates in Parliament in 9. H. 5. was now againe upon her Petition confirmed and setled by this Parliament after her husbands decease And Numb 41. Pet. 2. The Commons petitioned that it might then be enacted that no man nor woman should thenceforth be compelled nor bound to answer before the Counsell or Chancery of the King nor elsewhere at the suit or complaint of any person for any matter for which remedy by way of Action was provided by the Common law and that no privie Seale nor subpoena should issue thence before a Bill were first there exhibited and also fully allowed by two Iudges of the one Bench and other that the complainant for matters and grievances in the said Bill could have no action nor remedy at all by the common law c. A good Law to prevent the Arbitrary proceedings of these Courts which are now too frequent in subverting of the Common law Lo here in this Parliament we have a Lord Protector Chancellor Treasurer Keeper of the privie Seale Chamberlaine Privie Counsellors Constables of Castles and most other Officers of the King elected by Parliament yea a Commission for calling and holding this Parliament confirmed by this Parliament when met the Kings owne publike feales altered and new made a new stile conferred on the King a Kings last Will and a Queenes Dower when fallen confirmed by the Parliament and the privie Councell Court of Request and Chancery limited by it without any dimininution of the Kings prerogative royall what injury or disparagement then can it be to his Majesties royalties to have his great Officers Counsellers and Judges thus nominated and regulated in and by Parliament at this present surely none at all In the Parliament Rolls of 4. H. 6. num 8. I finde a Commission granted to John Earle of Bedford under the great Seale which was read in Parliament to supply the Kings place and power in this Parliament and to doe all that the King himselfe either might or ought to doe therein because the King by reason of his minoritie could not there personally attend to doe it Numb 10. The Commons by a Petition lamentably complained of the great discords and divisions betweene certaine great Lords and privie Counsellors of the Kingdome and more especially betweene the Duke of Glocester Lord Protector and the Bishop of Winchester Lord Chanceilor by which divers inconveniences might happen to the Realme if not speedily accommodated desiring the Duke of Bedford and other Lords to accord them Vpon which the Lord tooke a solemne Oath to reconcile them and made an accord betweene them which you may read at large in Hall Holinshed and other our Historians and in the Parliament Rolls Numb 12. 13. On the 13. day of March Numb 14. The Bishop of Winchester Lord Chancellor of England for certaine causes declared before the Lords in Parliament instantly desired to be discharged of his Office which causes they considering of and allowing he was by the Lords discharged from his said Office and the same day in like manner the Bishop of Bathe Treasurer of England requested to be freed from his Office which was that day done accordingly Numb 14. On the eighteenth day of March Iohn Bishop of Bathe and Wells late Treasurer of England by vertue of a privie seale directed to him brought the Kings great golden seale sealed up in a leather Bagge into the Parliament and really delivered it to the Earle of Bedford the Kings Commissary who receiving it of the said Bishop caused it to be taken out of the Bagge and to be seene of all and then to be put into the Bagge againe who sealing the Bagge with his signet he delivered it to be kept to the Bishop of London then CHANCELLOR OF ENGLAND BY ADVICE and ASSENT of the Lords spirituall and temporall in that Parliament Numb 18. The King by the advise of the Lords spirituall and temporall and by the assent of the Commons in Parliament makes an exchange of Lewes de Buâ—bon Earle of Vandosme taken prisoner at the battell of Agencourt for the Earle of Huntingdon taken prisoner by the French releasing the said Earle Vandosme of his Ransome and Oath Numb 19. The Duke of Bedford Constable of the Castle of Berwicke petitioned that the King BY AVTHORITY OF PARLIAMENT in regard of his absence from that charge by reason of his continuall imployments in the Kings service in France and elsewhere might license him to make a Lieutenant under him to guard that Castle safely Vpon which Petition the Lords spirituall and temporall granted him power to make a sâ—fficient Lieutenant such as the Kings Counsell should allow of so as the said Lieutenant should finde such reasonable sureties for the safe keeping of the said Castle as the Kings counsell should approve And in this Parliament BY ASSENT OF THE THREE ESTATES OF ENGLAND Richard Beauchamp Earle of Warwicke was ordained to be Governour of the young King in like
these â—iberties and that which we have sworne ALL OF US ARE BOUND TO OBSERVE But where the Acts to which the assent is gained are unjust or illegall such to which the King was not bound by Oath or duty to consent but meerely out of necessity to avoid imminent danger of death or other mischiefe and where the whole Parliament was enforced as well as the King there the acts may be avoided by Duresse as is evident by the Statutes of 11. and 21. of R. 2. c. 12. by the Statute of 31 H. 6. c. 1 which makes voyd all the Petitions granted by this King in a former Parliament the 29. of his Reigne and all indictments made by Duresse through the Rebellion Tyranny and Menaces of Iack Cade and his rebellious rout of Traytors and by 39. H. 6. c. 1. 15. E. 3. stat 2. and 17. E. 4. c. 7. Yet these enforced unjust Bills being publike Acts done in a legall forme are not meerly void but good in Law till they be repealed and nullified by a subsequent Parliament as is evident by the next forecited Statutes even as a Marriage Bond or deed made by Duresse or Menace are good in Law and not meerly void but voidable only upon a Plea and Tryall And if subsequent Parliaments refuse to repeal these forced Laws and to declare the Royall assent thereto by coertion void or illegall the King cannot avoid them by Duresse because his Royall assent is a judiciall Act in open Parliament which his oath and duty obliged him to give and the Lawes are rather the Parliaments Act which was not forced then his owne but they remaine in full vigour as if he had freely assented to them which is most evident by the Statutes made in 10. and 11. R. 2. which though extorted from the King by Duresse against the will and liberty of the King and right of his Crowne as is pretended and declared in the Statute of 21. R. 2. c. 12. yet they continued in full strength for ten yeares space or more during which time there were no lesse then 8. Parliaments held under this King because these Parliaments refused to reverse them upon this pretext of Duresse and the Parliament of 1 H. 4 c 2 3 4. received and confirmed them From all which premises I humbly conceive I may infallibly conclude That the King in passing the fore-mentioned kinde of Bills of Common Right and Iustice for the Kingdomes and the Subjects weale and safety hath no absolute negative voyee but must and ought of common right and Iustice by vertue of his Royalloath and duty to give his ready and free assent unto them without any tergiversatiâ—n And so the Parliament in their Declarations to this purpose hath no wayes invaded nor injured his Majesties just Prerogative royall in this particular Nor yet those members in it eclipsed his royall grace who have upon occasion given affirmed the Petition of Right the Bills for Trieniall Parliaments which before by Law were to be annuall at least the continuance of this Parliament without adjournment for the Kingdomes necessary preservation the acts against Shipmoney Forest-Bounds c. illegall new invented grievances and oppressions not heard of in former Kings Reigns and the Statutes for the suppression of the Star-Chamber High Commission Knighthood and Bishops votes lately growen intollerable grivances and mischeifes to the Realme Especially since his Majesties Reigne to bee no acts of most transcendent Grace such as never any Prince before vouchsafed to his people as they are daily cried up in Presse and Pulpet but Bills of meere Common Right and Iustice which the King by his Royall Office Oath Duty in Law and Conscience ought to assent unto and could not without apparent injustice deny to passe when both Houses urged him thereunto the rather because the unhappy fractions of all Parliaments and Grievances of these Natures under his Majesties own Reign and Government occasioned by his evill Councellers were the sole grounds and just occasions of enacting these necessary Laws for the Subjects future security if the sword now drawen to suppresse the Parliament and cut these Gordians or rather Cobwebs as Diogenes once termed Laws a sunder deprive them not of their benefit before they scarce enjoy it I should now here proceed to manifest the Parliaments taking up of defensive Armes against his Majesties Malignant Army of professed Papists Delinquents and pillaging murthering Cavaleers whose grand designe is onely to set up Popery and an absolute tyrannical Government over our consciences bodies estates in defense of their own persons priviledges the Subjects Laws Liberties Properties and our Protestant established Religion devoted by Papists to eternall ruine as we have cause to feare to be just lawfull and no treason nor rebellion at all against the King neither in point of Law nor conscience And that the Parliaments assessing of men towards the maintenance of this necessary defensive warre by an Ordinance of both Houses onely without the Kings assent now wilfully absent from and in armes against his Parliament and People with their distraining and imprisoning of such as refuse to pay it and their confinement and securing of dangerous Malignants to be justifiable by Law and ancient presidents with other particulars not yet so fully discussed by any as is desired But this part being already growne somewhat large and having lingred much longer at the Presse then I expected I have thought it more convenient to reserve the remainder for a future Treatise by it selfe then to hinder the state of the present benefit which it may receive by this through Gods blessing ere the other can â—ee compleated which I hope will fully un-blindfold the hood-winkt world and either satisfie the consciences or stop the mouthes of all who are not wilfully malicious against the Truth and Parliaments proceedings and the Soveraigne Power of Parliaments and Kingdoms over their Kings themselves which I shall more copiously manifest in the Appendix FINIS partis secunda 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 Iust 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
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 an ignoble 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 POWER OF PARLIAMENTS KINGDOMES PROVING 1 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 Objection 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 lâ—tters 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 knowne 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 Popish Rebels but likewise English and Outlandish Papists in his Army and given Commissions to sundry Arch-Popish Recusants to Aâ—me 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
the very Law of Nature and fundamentall institution of Parliaments now justly take up Defensive armes to preserve their Liberties Lawes Lives Estates Religion from vassallage and ruine Thirdly Our owne Parliaments Prelates Nobles and Commons in all ages especially in times of Popery as well in Parliament as out have by open force of armes resisted suppressed the oppressions rapines vnjust violence and armies of their Princes raised against them Yea incountred their Kings in open Battells taken their persons Prisoners and sometimes expelled nay deposed them their Royall authority when they became incorrigible open professed enemies to their kingdomes their Subjects seeking the ruine slavery and desolation of those whom by Office Duty Oath and common Iustice they were bound inviolably to protect in Liberty and peace as the premised Histories of Achigallo Emerian Vortigern Segebert Osred Ethelrâ—d Bernard Edwin Ceolwulfe King Iohn Henry the 3d. Edward 1. and 2. Richard the 2 Henry the 6 th our British Saxon English Kings and other examples common in our owne Annalls plentifully manifest Neither are their examples singular but all Kingdomes generally throughout the world in all ages have done the like when their Kings degenerated into Tyrants of which there are infinite precedens in History which actions all ages all Kingdomes have alwaies reputed lawfull both in point of Policy Law Religion as warranted by the very Lawes of Nature Reason State Nations God which instruct not onely particular persons but whole Cities and Kingdomes for their owne necessary defence preservation the supportation of humane Societie and Libertie to protect themselves against all unlawfull violence and Tyranny even of their Kings themselves or their Ministers to whom neither the Lawes of God Nature Man nor any civill Nation ever yet gave the least authority to Murther Spoile Oppresse enslave their Subjects or deprive them of their lawfull Liberties or Estates which resistance were it unlawfull or unjust as many ignorant Royallists and Parasites now â—each some few oppressing tyrannizing wilfull Princes might without the least resistance ruine murther enslave the whole world of men overthrow all setled formes of civill government extirpate Christian Religion and destroy all humane Society at their pleasures all which had beene effected yea all States and Kingdomes totally subverted long agoe by ambitious Tyrannizing lawlesse Princes had not this Lawfull Naturall Hereditary power of resisting and opposing their illegall violence inherent in their Parliaments States Kingdomes restrained and suppressed their exorbitances of this kinde Now that this necessary Defensive opposition and resistance against open Regall Hostile violence which hath beene ever held lawfull and frequently practised in all Kingdomes all ages heretofore as just and necessary should become sodenly unlawfull to our Parliament and Kingdome onely at this instant seemes very unreasonable unto me Fourthly It is the expresse resolution of Aristâ—tle Xenophon Polibius Pope Elutherius in his Epistle to our first Christian King Lucius King Edward the Confessor in his established Lawes c. 17. the Councell of Paris Anno 829. and Isiodâ—r cited by it Iohn 〈◊〉 Iâ—hn Mariana and generally of all forraigne Divines and Polititians Pagan or Christian yea of Bracton Fâ—â—ta Fortescue and King Iames himselfe that a King governing in a setled Kingdome ceaseth to be a King and degenerates into a Tyrant so soone as hee leaves to rule by his Lawes much more when he begins to invade his Subjects Persons Rights Liberties to set up an Abitrary power impose unlawfull Tâ—xes raise Forces and make Warre upon his Subjects whom he should Protect and rule in peace to pillage plundâ—r â—aste and spoile his Kingdome imprison murther and destroy his people in an hostile manner to captivate them to his pleasure the very highest degree of Tyranny condemned and detested by God and all good men The whole State and Kingdome therefore in such cases as these for their owne just necessary preservation may lawfully with force of Armes when no other course can secure them not onely passively but actively resist their Prince in such his violent exorbitant tyrannicall proceedings without resisting any kingly lawfull royall Authority Vested in the Kings person for the Kingdomes preservation onely not destruction because in and as to these illegall oppressions tyrannicall actions not warranted but prohibited by the Lawes of God and the Realme to whom he is accountable and by whom he is justly censurable for them he is no lawfull King nor Majestrate but an unjust oppressing Tyrant and a meere private man who as to these proceedings hath quite denuded himselfe of his just Regall authority So that all those wholsome Lawes made by the whole State in Parliament for the necessary preservation and defence of their Kings Royall Person and lawfull Soveraigne power the suppression of all Insurrections Treasons Conspiracies and open Warres against them whiles they governe their people justly according to Law as all good Princes are obliged to doe by oath and duty or the open violent resisting of their Lawfull authority and Commands to which all Subjects both in point of Law and Conscience ought cheerfully and readily to Submit will yeeld no publike Countenance Encouragement or Protection at all to Kings in their irregall tyrannicall oppressions or violent courses especially when they turne professed publike enemies to their people proclaime open Warre against them invade their Lawes Liberties Goods Houses Persons and exercise all acts of Hostilitie against them as farre forth as the most barbarous Forraigne Enemies would doe It being against all common sence and reason to conceive that our Parliaments Lawes which strictly inhibit and punish the very smallest violations of the publike peace with all kinds of Oppressions Robberies Trespasses Baâ—tâ—ries Assaults Bloodsheds Fraies Murthers Routs Riots Insurrections Burglaries Rapes Plunderings Force-able Entries Invasions of the Subjects Liberties or Properties in all other persons and greatest publike Officers whatsoever whose Delinquences are so much the more hainous execrable and censurable as their persons honours and places are more eminent should so farre countenance justifie or patronize them onely in the King the Supreame fountaine of Iustice ad tutelam Legis corporum bonorum crectus as Fortescue and Sir Edward Cooke resolve Cujus Potestas Iuris est non Injuriae cum sit author Iuris non debet inde injuriarum nasci occasio unde Iura nascâ—nt ur as Bracton and Fleta determine as not to permit the Subjects under paine of Rebillion and high Treason by force of Armes upon expresse command and direction of the whole Kingdome in Parliament so much as to defend their Persons Goods Estates Houses Wives Children Liberties Lives Religion against the open violence of the King himselfe or his Malignant plundring murthering Papists Caveleers When as Kings of all others as Bracton Fortescue and Mariana prove at large both by Oath and Duty ought to be more
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 thâ—â— that of Romans 13. 1. to 7. if rightly scanned as Pareus and others oâ— 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 itselfe 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 iâ— Treason or Rebellion in point of Law and a matter of Damnation in Conscienâ—â— 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 dâ—esse quoad vita suppetat alijs turpe Camillo etiam NEFAS EST. And is not there the selfesame equity and reason when the King shall raise an Army of Popish English or Irish Rebels Malignants Delinquents and bring in Forraigners though yet in no great proporation to effect the like designe If armed forceable resistance be no Treason no Rebellion in Law or Conscience in the first it can be no such crime in our present case Sixty 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
onely the beating but killing of such persons who assault their Masters persons goods or houses as is expresly resolved by the Statute of 21. E. 1. De malefactoribus in Parcis By 24. H. 8. cap. 5. Fitzherbert Corone 192. 194. 246. 258. 261. 330. 21. H. 7 39. Trespas 246. Stamford lib. 1. cap. 5. 6. 7. 22. Ass. 46. 11. H. 6. 16. a. 14. H. 6 24. b. 35. H. 6. 1. a. 9. E. 4. 48. b. 12. E. 4. 6. a. 12. H. 8. 2. b. Brooke Coron 63. Trâ—spas 217. Therefore they may justly defend themselves resist oppose apprehend and kill his Majesties Cavalliers notwithstanding any Commissions and make a defensive Warre against them when as they assault their persons houses goods or habitations without any Treason Rebellion or Crime all against the King or Law Thirdly It is past dispute That the Sheriffes Iustices of Peace Mayors Constables and all other Officers of the Realme may and ought by our Lawes and Statutes to raise the power of the Counties and places where they live and command all persons to arme themselves to assist them upon their Command when they see just cause which commands they are all bound to obey under paine of imprisonment and fines for their contemptuous disobediene herein to suppresse and withstand all publicke breaches of the Peace Riots Routs Robberies â—raies Tumults Forcible Entries and to apprehend disarme imprison and bring to condigne punishment all Peace-breakers Riotors Trespassers Robbers Plunderers Quarrellers Murtherers and Forces met together to doe any unlawfull Hostile act though by the Kings owne precept and in case they make resistance of their power they may lawfully kill and slay them without crime or guilt if they cannot otherwise suppresse or apprehend them yea the Sheriffes and all other Officers may lawfully raise and arme the power of the County to apprehend Delinquents by lawfull Warrants from the Parliament or Processe out of other inferiour Courts of Iustice when they contemptuously stand out against their Iustice and will not render themselves to a Legall triall in which service all are bound by Law to assist these Officers who may lawfully slay such contemptuous Offenders in case they cannot otherwise apprehend them All which is Enacted and Resolved by 19. E. 3. cap. 38. 3. Ed. 1. cap. 5. 2. R. 2. cap. 6. 5. R. 2. cap. 5. 6. 7. R. 2. cap. 6. 17. R. 2. cap. 8. 13. H. 4. cap 7. 1. H. 5. cap. 6. 2. H. 5. cap. 6. 8. 19. H. 7. cap. 13. 3. E. 6. cap. 5. 1. Mar. cap. 12. 31. H. 6. cap. 2. 19. E. 2. Fitz Execution 247. 8. H. 4. 19. a. 22. Ass. 55. 3. H. 7. fol. 1. 10. 5. H. 7. fol. 4. Register f. 59. 60. 61. Fitz. Coron 261. 288. 289. 328. 346. Stamford lib. 1. cap. 5. 6. Cooke lib. 5. fol. 92. 9. 3. with sundry other Bookes and Acts of Parliament and Walsingham Hist. Angliae pag. 283. 284. Yea the Statute of 13. Ed. 1. cap. 38. recites That such resistance of Processe out of any the Kings Courts much more then out of the Highest Court of Parliament redounds much to the dishonour of the King and his Crowne and that such resisters shall be imprisoned and fined because they are desturbers of the Kings Peace and of his Realme And the expired Statute of 31. H. 6. cap. 2. Enacted That if any Duke Marquesse Earle Viscount or Baron complained of for any great Riots Extortions Oppressioâ—s or any offence by them done against the Peace and Lawes to any of the Kings Liege people should refuse to obey the Processe of â—he Kings Court under his Great or privie Seale to him directed to answer his said offenes either by refusing to receive the said Processe or despiting it or withdrawing hâ—mselfe for that cause and not appearing after Proclamation made by the Sheriffe in â—he County at the day prescribed by the Proclamation that then hee should for this his contempt forfeit and lose all his Offices Fees Annuities and other possessions that he or any man to his use hâ—th of the gift or grant of the King or any of his Progenitors made to him or any of his Ancestors And in case he appeares not upon the second Proclamation on the day therein to him limited that then he shall lose and forfeit his Estate and place in Parliament and also All the Lands and Tenements Whâ—ch he hath or any other to his use for terme of his life and all other persons having no Lands not appearing after Proclamation were to be put out of the Kings Protection by this Act. Such a heinous offence was it then repuâ—ed to disobey the Processe of Chancery and other inferiour Courts of Iustice even in thâ— greatest Peeres how much greater crime then is and must it be contemptuously to disobey the Summons Processe and Officers of the Parliament it selfe the supremest Court of Judicature especially in those who are Members of it and stand engaged by their Protestations trusts and Places in it to maintaine its honour power and priviledges to the uttermost which many of them now exceedingly vilifie and trample under feete and therefore deserve a severer censure then this statute inflicts even such as the Act of 21. R. 2. c. 6. prescribed to those Nobles unjustly fore judged in that Parliament That their issues males now begotten shall not come to the Parliaments nor to the Councells of the King nor his heires nor be of the Kings Counsell nor of his heires Therefore it is undubitable that the Sherifes Iustices of Peace Majors Constables Leivtenantes Captaines and other Officers in every County through the Realme may by their owne Authority much more by an Ordinance and Act of association of both houses raise all the power of the County all the people by vertue of such commands may lawfully meete together in Armes to suppresse the riots burglaries rapines plunders butcheries spoyling robberies and armed violence of his Majesties Cavaleers and apprehend imprison slay arraigne execute them as common enemies to the kingdomes peace and welfare even by the knowne Common Law and Statutes of the Realme and feise Delinquents notwithstanding any royall Commission or personal commands they may or can produce Fourthly it is most certaine that every Subject by the very Common Law of the Realm yea Law of Nature as he is a member of the State and Church of England is bound both in duty and conscience when there is necessary occasion to Array and Arme himselfe to resist the invasions and assaults of oâ—en enemies of the Realme especially of Forraigners as is cleare by infinite * Presidents cited by the Kings owne Councell and recited by Iudge Crooke in his Argument concerning Ship-money in both the Houses two Remonstrances and Declarations against the Commission of Array and the Answer of the first of them in the Kings name all newly Printed to which I shall referre the Reader for fuller Satisfaction and by the expresse statutes of 1 E. 3. c.
5. 25. E. 3. c. 8. and 4. H. 4. c. 13. The reason is from the Originall compact and mutuall stipulation of every member of any Republicke State or Society of men for mutuall defence one of another upon all occasions of invasion made at their first association and incorporation into a Republike state kingdome Nation of which we have a pregnant example Iudg. 20. 1. to 48. If then the King himselfe shall introduce forraigne Forces and enemies into his Realme to levie war against it or shall himself become an open enemie to it the Subjects are obleiged by the self-same reason law equity especially upon the Parliaments command to Arm themselves to defend their Native Country Kingdome against these forraigne and domesticke Forces and the King himselfe if he joyne with them as farre forth as they are bound to doe it upon the Kings own Writ and Commission in case he joyned with the Parliament and Kingdome against them the necessary defence and preservation of the Kingdome and themselves and of the King onely so farre forth as he shewes himselfe a King and Patron not an enemie of his Kingdome and Subjects being the sole ground of their engagement in such defensive warres according to this notable resolution of Cicero Omnium Societâ—tum nulla est gratior nulla cariâ— quà m ea quae 〈◊〉 Reâ—ublica est unicuique nostrum Cari sunâ— pareâ—tâ—s cari liberi propinqui familiares SED OMNES OMNIVM CARITATES PATRIA VNA COMPLEXA EST iro qua quis bonus dubitâ—t mortem oppetere si ei sit profuturus Quo est detestabilior illorum immanitas qui lacerant omni scelere Patriam nâ—a funâ—itus delenda occupati sunt fuerunt and seeing kings themselves as well as Subjects are bound to hazard their lives for the preservation of their Kingdomes and peoples safetie and not to endanger the ruine of the Kingdome and people to preserve their owne lives and prerogatives as I have elsewhere manifested it cannot be denyed but that every Subject when the King is unjustly divided against his Kingdome Parliament and People is more obleiged to joyne with the kingdome Parliament and his Native dearest Countrey who are most considerable against the King than with the king against theâ— and rather in such a case than any other because there is lesse neede of helpe and no such danger of ruine to the whole Realme and Nation when the King joynes with them against forraigne invading enemies as there is when the king himselfe becomes an open intestine Foe unto them against his Oath and Duty and the Peopâ—es safety being the Supremest Law the Houses of Parliament the most Soveraigne Authoritie they ought in such unhappie cases of extremitie and division to oversway all Subjects to contribute their best assistance for their necessary just defence even against the king himself and all his Partisans who take up Hostile Armes against them and not to assist them to ruine their owne Country Kingdome Nation as many as now over-rashly do Fifthly I conceive it cleare Law that if the King himselfe or his Courtiers with him shall wrongfully assault any of his Subjects to wound rob or murther them without just cause that the subjects without any guilt of Treason or Rebellion may not onely in their owne defense resist the King and his Courtiers assaults in such a case and hold their hands as Doctor Ferne himselfe accords but likewise close with and disarme them and if the King or his Courtiers receive any blowes wounds in such a case or be casually slaine it is neither Treason nor Murder in the Defendants who had no Treasonable nor murtherous intention at all in them but onely endeavoured their own just defence attempting nothing at all against the kings lawful Royall authority as is cleare by all Law Cases of man slaughter se defeâ—dendo and to put this out of question I shall cite but two or three cases of like Nature It hath beene very frequent with the Kings of England France and oâ—her Princes for triall of their man hood 〈◊〉 runne at Iousts and fight at Barriers not onely with forraigners but with their owne valiantest Lâ—rds and Knights of which there are various Examples In these Martiall disports by the very Law of Armes these Subjects have not onely defended themselves against their kings assaults and blowes but retorted lance for lance stroke for stroke and sometimes unhorsed disarmed and wounded their Kings our Kiâ—g Henry the eight being like to be slaine by the Earle of â—uffolke at a 〈◊〉 in the 16. yeare of his reigne and no longer since then the yeare 1559. Henry the 2 d King of France was casually slaine in a Ioust by the Earle of Mountgommery his Subject whom hee commanded to Iust one bout more with him against his will whose Speare in the counter-blow ran so right into one of the Kings eyes that the shivers of it peirced into his head perished his braine and slew him yet this was Iudged no Treason Fellony nor offence at all in the Earle who had no ill intention If then it hath ever beene reputed lawfull and honourable for Subiects in such militarie exercises upon the challenges of their kings to defend themselves couragiously against their assaults and thus to fight with and encounter them in a martiall manner though there were no necessity for them to answer such a challenge and the casuall wounding or slaying of the King by a Subiect in such a case be neither Treason nor Fellony then much more must it be lawfull by the Law of Armes Nature and the kingdome for the Parliament and subjects in a necessary just unavoydable warre to defend resist repulse the kings and his Cavaleers personall assaults and returne them blow for blow shot for shot if they will wilfully invade them and if the king or any of his Forces miscarry in this action they must like King Henâ—y the 8 th when endangered by tilting blame themselves alone and have no other just legall remedie but pâ—tience 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 he neede 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 betrayâ—d incountred his owne mâ—n and slew two or three of themâ—ere they were ware of him wounding others Whereupon they closing with him disâ—rmed and led him away forceably keeping him close shut up like a Bedlam â—ill he recovered his senses I thinke no man in his right wits will deeme tâ—is 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 Irâ— brevius furor est shall take up
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 Exled 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 proâ—â—cured 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 Robâ—rt Baldocke and Edmoâ—d 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 Robert 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 Francâ— 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 Westminster 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 Fatâ—er was taken and put in ward and yet remaineth in ward shall not be molested impeached or gâ—ieved in person or goods in the kings Court or other Court for the puâ—suite of the said king taking and with holding of his body nor pursuâ—te 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 my 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 adnulled 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 dâ—tâ—ined Prisoâ—â—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 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 or punishment or prosecution whatsoever against them Which consideration makâ—s 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 Realmâ— did never intend it of a necessary defensive warre against a seduced King and his evill Councellors especially by the Votes of both Houses of Parliament who doubtlesse would never passe any Act to make themselves or their Posteritie in succeeding Parliaments Traytors for taking up meere necessary defensive Armes for their owne and the Kingdomes preservation for that had beene diametraâ—ly contrary to this statute made in the very first yeare and Parliament of this King and would have lâ—yd an aspertion of High Treason upon the king himself the Queene his
Mother their own Fathers and many of themselves who thus tooke up Armes and made a defensive kinde of warre upon King â—dwarâ— the 2 d taking him pâ—isoner 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 2d. Iohn Mercer a Scot with a Navie of Spanish Scottish French ships much infested the Marchants and Coasts of England â—aking 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 griâ—ving 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 Mercer 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 Philpot 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 VEL REGNO 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 frâ—eing 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 â—ut 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 2d. 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 theâ—r treachery to provide for his owne safety wisely withdrew himselfe and posted to his Castleat 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 Vcere 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 goe forth and give 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 saide 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 THOV HAST SLAINE ALL THE FAITHFVLL FRIENDS THOV 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 ambuseadoes to intrap them where the Chauncellour
or of any other beasts taking or carriage of goods harnesse armour cattle and other movable 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 surmised 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 Ianuary 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 Barrors 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 a taine 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 in but it 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 of 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 feoffâ—es 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 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 Paâ—liament 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 thâ— raiseth the people and riseth against the King to make warre within his Realme and of hâ—t 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
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 de facto being crowned by Parliament but an Vsurper and bloody Tyrant 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 ramping 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 flew 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 Realâ—e 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 assiâ—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 fundamâ—ntall 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 Chartels What our Princes and State have thought of the lawfulâ—esse of necessary Defensive 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 Iames 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 Iames 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 Oâ—aâ—ge to whose Sonne hee hath married his elstest Daughter against the Spaniard and entred into a solemne League with them which hee could 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 â—aking up Armes against him and his evill Counsellors in defence of their Religion Lawâ—s 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 threatnâ—d 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
bearing of all grosse outward injuries to our persons or estates without resistance which precept being given generally to all Christians to Kings and Magistrates as well as Subjects if it be strictly urged prohibits Kings and Magistrates to resist the violence and injuries of the people as much as the people not to repulse the Armed violence and oppressions of their Pâ—inces and Governours and that Text of Iames 5. 6. Ye have condemned and killed the just and he doth not resist you which some thinke is meant of Christ alone proves onely that some just men and many Martyrs have beene condemned and killed without resistance as our Saviour was not that it is unlawfull to resist an open enemy theefe or murtherer who comes to kill rob or plunder us against Law and Conscience I read of Saint Andrew that when the people ran together in multitudes â—o rescue him out of the hands of a wicked man and defend him from the injury of death he teaching them both by word and example exhorted them not to hinder his martyrdome yet the people lawfully rescued innocent Ionathan from that unjust death which his Father King Saul twice vowed hee should undergoe Some mens patient suffering death and injuries without resistance is no better an argument that all therefore must so suffer without opposition then that all men ought to yeeld their purses up to high-way theeves or their persons goods ships to Turkes and Pyrates without fight or resistance because some yea many have shamefully done it for want of courage when they were able to resist and so have deservedly lost their purses shippes goods liberties and become Turkish Gally-slaves to the ruine of their estates bodies soules which miseries by a manfull just defence they might have easily prevented All which considered I see no ground in Scripture nor reason but that temporall enemies of all kindes which wrongfully invade our persons or estates by open force of Armes in a warlike manner may be resisted with temporall weapons as well as spirituall enemies with spirituall Armes Eighthly That which all Nations in all ages by the very light of nature have constantly practised as just and lawfull must doubtlesse be lawfull in point of conscience if there be no Law of God to the contrary But selfe-defence against invading Tyrants and their instruments hath by the very light of Nature beene constantly practised by all Nations in all ages as just and lawfull which the premises the Appendix the Histories of all ages evidence there being never any one Nation or Kingdome for ought I finde that ever yet reputed it a thing unlawfull in point of Conscience to resist the open malicious destructive tyranny violence hostility of their unnaturall Princes or that desisted from any such resistance giving themselves up willingly to their outragious lusts and butchâ—ries without any opposition though some private men and Martyres have sometimes done it upon particular reasons as to avoid the scandall of Religion to beare witnesse to the truth for the confirmation and conversion of others or for want of power or oportunity to resist or to avoyd a generall massacre of their fellow Christians or because they were onely a few private men and their religion directly opposite to the Lawes and government under which they lived or the like not because they judged all resistance simply unlawfull as blinde Doctors â—alsely informe us which I shall prove hereafter and there is no Law of God at all to prohibite such resistance therefore doubtlesse it must be lawfull even in point of conscience Ninthly that which is directly opposite to what is absolutely illegall and unjust in point of conscience and the chiefe lawfull obstacle and remedy to prevent or redresse it must certainely be just be lawfull in the court of Conscience since that which is directly opposite to that which is â—imply ill and unjust must necessarily be good and just But necessary just defence by force of Armes is directly opposite to that open Armed violence and tyranny which is absolutely illegall and unjust in point of Conscience and the chiefe lawfull remedy and obstacle to prevent or redresse it as reason experience and the premises evidence Therefore it must necessarily be just and lawfull even in the Court of Conscience Tenthly That resistance which doth neither oppose the Kings royal person nor lawfull Authority must certainely be lawfull in point of conscience But the resistance of the Kings Forces not accompanied with his person in the execution of his unjust commands is neither a resistance of his Royall person for that is absent and his Cavalliers I hope are no Kings nor yet invested with the priviledges of Kings nor yet of his lawfull Authority his illegall Commissions and Commands being meere nullities in Law transferring no particle of his just Authority to those who execute them Therefore it must certainely be lawfull in point of conscience Eleventhly That resistance which is the onely remedy to keepe not onely Kings themselves but every one of their Officers and Souldiers from being absolute Tyrants Monarchs and the deny all whereof equalizeth every souldier and particular Officer to Kings yea God himselfe whose prerogative only it is to have an absolute unresistable wil must doubtlesse be lawful in the Court of Conscience But this necessary defensive resistance now used by the Parliament and Subjects is such For if they may not resist any of the Kings Officers or Souldiers in their plunderings rapines fierings sackings of Townes beating wounding murthering the Kings leige people and the like will not every common Souldier and Officer be an absolute Tyrant equall in Monarchie to the great Turke himself and â—aramount the King who hath no absolute irresistable Soveraignety in these particulars Either therefore this resistance must be granted not onely as lawfull but simply necessary else every officer and common Souldier wiâ—l be more than an absolute 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 withan 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 Vnlawfull but because prohibited by the King whom they falsely affirme 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 Supreamesâ— 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 this 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 Sâ—dom Gomorrah Admah Zeboiim and Zoar rebelling against Chedorlaomer 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 Sâ—dom and Gomorrah and taking Lot and his goods along with them as a prey 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 Israelites 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 deliver 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 Pharaoh 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 hereupon 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 sonâ—e of Kenaz and the Spirit of the Lord came upon him and he went out to warre and the Lord delivered Cushan-rishathaim 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 of 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 Eglon the King in the belly under pretext of private conference with him and escaping he thereupon blew the trumpet commanded the Israelites to follow him to the warre slew ten thousand valiant men of Moab which he subdued and procured rest to his Country 40. yeeres God his Spirit Word approving this his action Fifthly by the example of Barack and Deborah Iudges ch 4. and 5. Where God selling the children of Israel for their sinnes into the band of Iabin King of Canaan and his Captaine Sisera for 20. yeeres space during which he mightily oppressed them hereupon Barack at the instigation of the Prophetesse Deborah by the command of the Lord God of Israel gathered an Army of ten thousand men which Sisera and the King of Canaan hearing of assembled all their Chariots and Army together at the River of â—ishon where the Lord discomfited Sisera and all his Host with the edge of the sword before Barack his Army and subdued Iabin the King of Canaan before the children of Israel which warre is by a speciall Song of Deborah and Barack highly extolled and God in it as most just and honorable and this curse denounced against those that refused to assist in it Iudges 4. 23. Curse ye Meroz saith the Angel of the Lord curse ye
his Souldiers and Abishaies minds who would have slain him without any scruple of conscience that the reasons he spared him were First because he was Gods Annointed that is specially designed and made King of Israel by Gods own election which no kings at this day are so this reason extends not so fully to them as to Saul Secondly Because he was his Father and Lord too and so it would have been deemed somewhat an unnaturall act in him Thirdly because it had â—avoured onely of private self-revenge and ambitious aspiring to the Crown before due time which became not David the quarrell being then not publike but particular betwixt him and David onely who was next to succeed him after his death Fourthly because by this his lenity he would convince reclaim Saul froÌ„ his bloody pursuit and cleare his innocency to the world Fifthly to evidence his dependence upon God and his speciall promise that he should enjoy the Crown after Saul by divine appointment and therefore he would not seem to usurp it by taking Sauls life violently away Most of which considerations faile in cases of publike defence and the present controversie Thirdly that Saul himselfe as well as Davids Souldiers conceived that David might with safe conscience have slain as well as spared him witnesse his words 1 Sam. 24. 17 18 19 Thou art more righteous then I for thou hast rewarded me good whereas I have rewarded thee evill And thou hast shewed me this day how thou hast dealt well with me for as much as when the Lord had delivered me into thine hand THOV KILLEDST ME NOT. For if a man finde his enemy WIL HE LET HIM GO WEL AWAY Wherefore the Lord reward thee good for that thou hast done unto me this day c. And in 1. Sam. 26. 21. Then said Saul I have sinned returne my sonne David for I will no more do thee harm because my sovle was precious in thine eyes this day behold I have played the fool exceedingly c. But the former answers are so satisfactory that I shall not pray in ayd from these much lesse from that evasion of Dr. Fern who makes this and all other Davids demeanors in standing out against Saul EXTRAORDINARY for he was annointed and designed by the Lord to succeed Saul and therefore he might also use all extraordinary wayes of safeguarding his person which like wise insinuaâ—es that this his scruple of conscience in sparing Sauls life was but extraordinary the rather because all his Souldiers and Abishai would have slain Saul without any such scruple and Saul himselfe conceived that any man else but David would have done it and so by consequence affirms that this his sparing of Saul is no wayes oblâ—gatory to other subjects but that they may lawfully in Davids case kill their Soveraigns But Davids resistance of Saul by a guard of men being only that ordinary way which all subjects in all ages have used in such cases and that which nature teacheth not onely men but all living creatures generally to use for their own defence and this evasion derogating exceedingly from the personall safety of Princes yea and exposing them to such perils as they have cause to con the Dr. small thanks for such a bad invention I shall reject it as the extraordinary fansie of the Dr. other loyalists void both of truth and loyalty The 7. Obiection out of the Old Testament is this 1 Sam. 8. 11. Samuel tells the people how they should be oppressed under kings yet all that violence and injustice that should be done unto them is no just cause of resistance for they have NO REMEDY LEFT THEM BVT CRYING TO THE LORD v. 18. And ye shall cry out in that day because of the King which ye shall have chosen you and the Lord will not hear you in that day To this I answer 1. that by the Doctors own confession this text of Samuel much urged by some of his fellows to prove an absolute divine Prerogative in Kings is quite contrary to their suggestion and meant onely of the oppression violence and inâ—uâ— not lawfull power of Kings which should cause them thus to cry out to God This truth we have clearly gained by this obiection for which some Royallists will renounce their champion 2. It is but a meer fallacie and absurdity not warranted by the Text which saith not that they shall onely cry out or that they shall use no remedy or resistance but crying out which had been materiall but barely ye shall cry out in that day c. Ergo they must and should onely crie out and not resist at all is a grosse Non-sequitur which Argument because much cryed up I shall demonstrate the palpable absurdity of it by many parallell instances First Every Christian is bound to pray for Kings and Magistrates 1 Tim. 2. 1 2. Ergo they must onely pray and not fight for them nor yeeld tribute or obedience to them Kings and their Subjects too are bound to crie out and pray to God against forraign enemies that come to war against them as Moses did against Pharaoh and his Host David against his enemies Hezekiah against Sennacherib and his Hoste Asa against his enemies Abijah and the men of Iudah against Ieroboam and the Israelites their enemies and as all Christians usually do against their enemies Yea I make no doubt but the Doctor and other Court-Chaplains inform his Majesty and the Cavalleers that they must cry to God against the Parliamenteers and Roundheads now in Arms to resist them Ergo they must onely pray but in no wise resist or fight against them All men must pray to God for their daily bread Ergo they must onely pray and not labour for it Sick persons must pray to God to restore their health Ergo they must take no Physick but onely pray All men are expresly commanded to crie and call upon God in the day of trouble Ergo they must use no meanes but prayer to free themselves from trouble pretty Logick Reason Divinity fitter for deriâ—ion then any serious Answer This is all this Text concludes and that grosly mistaken Speech of Saint Ambrose Christians weapons are Prayers and Tears of which anon in its due place In one word prayer no more excludes resistance then resistance prayer both of them may and sometimes when defence is necessary as now ought to concurre so that our Court Doctors may as well argue as some Prelates not long since did in word and deed Ministers ought to pray and Gods House is an Oratory for prayer Ergo they must not Preach atleast very seldom nor make his House an Auditory for Preaching Or as rationally reason from this Text That Subjects must cry out to God against their kings oppressions Ergo they must not petition their Kings much lesse complain to their Parliament for relief as conclude from thence Ergo they may in no case resist
particular person not that he was the Soveraigne highest power above the Senate and people collectively considered And the occasion of these words will discover the Authors intention to be no other which was this The Christians in that age were persecuted and put to death by Scapula President of Carthage to whom Tertullian writes this Booke because they refused to adore the Emperour for a God to sweare by his Genius and to observe his solemnities and triumphs in an Ethâ—icall manner as is evident by the words preceding this passage Sic circa Majestatem Imperatoris infamamur c. and by sundry notable passges in his Apologeticus In answer to which accusation Tertullian reasons in the Christians behalfe that though they adored not the Emperour as a God yet they reverenced him as a man next under God as one onely lesse then God as one greaâ—er then all others whiles lesse onely then the true God and greater then the Idol Gods themselves who were in the Emperours power c. Here was no other thing in question but whether the Emperour were to be adored as God not whether he or the Roman Senate and people were the greatest highest Soveraigne power And the answer being that he was but a man next under God above any other particular officer in the Roman State is no proofe at all that he was paramount the whole Senate and people collectively considered or of greater Soveraigne power then theâ— which the premises clearely disprove Adde that this Father in his Apologie thus censures the Pagan Romans for their grosse flattery of their Emperours whom they feared more then their Gods appliable to our present times Siquidem majore formidâ—ne callidiore timiditate Caesarem observatis quam ipsum de Olympo Iovem c. â—deo in isto irreligiosi erga deos vestros deprehendimini cum plus timoris humâ—no Domino dicâ—tis citius denique apud vos per omnes Deos quam per unum genium Caesaris pejeratur Then he addes Interest hominis Deo cedere satis â—abeat appellari Imperator grâ—â—nde hoc nomen est quod a Deo tradetur negat illum imperatorem qui deum dicit nist homo sit non est imperator Hominem se esse etiam triumphans in illo sublimissimo curru admonetur Suggeritur enimei a tergo Respice post te hominem memento tâ— Etiam hoc magis gaudet tanta se gloria coruscare ut illi admonitio conditionis suae sit necessaria Major est qui revocatur ne se deum existimet Augustus imperii formator ne Dominum quidem dici se volebat et hoc enim Dei est cognomen Dicam plane Imperatoâ—em Dominum sed mâ—re communi sed quando non cogor ut Dominum Dâ—i vice dicam Concluding thus Nullum bonum sub exâ—eptione personarum administramus c. Iidem sumus Imperatoribus qui vicinis nostris Male enim velle male faceâ—e male dicere male cogitare de quoquam ex aequo vetamur Quodâ—unque non licet in Imperatorem id nec in quenquam quod in neminem eo forsitan magis nec in ipsum qui per deum tâ—ntus est c. From which it is evident that the Christians did not deifie nor flatter their Emperours more then was meet and deemed they might not resist them onely in such cases where they might resist no others and so by consequence lawfully resist them where it was lawfull for them to resist other private men who did injuriously assault them If then the Roman Emperors were not the highest Soveraigne power in the Roman State when Paul writ this Epistle but the Roman Senate and State as I have cleared and if the Parliament not the King be the supremest Soveraigne power in our Realme as I have abundantly manifested then this objected Text so much insisted on by our opposites could no wayes extend to the Roman Senate State or our English Parliament who are the very higher powers themselves and proves most fatall and destructive to their cause of any other even by their owne Argument which I shall thus doubly discharge upon them First that power which is the highest and most soveraigne Authority in any State or kingdome by the Apostles and our Antagonists owne doctrine even in point of conscience neither may nor ought in what case soever say our opposites to be forcibly resisted either in their persons ordinances commands instruments offices or Armed Souldiers by any inferiour powers persons or subjects whatsoever especially when their proceedings are just and legall under paine of temporall and eternall condemnation But the Senate among the Romans not the Emperour and the Parliament in England not the King really were and are the higher Powers and most soveraigne Authority Therefore by the Apostles owne Doctrine even in point of conscience they neither may nor ought to be disobeyed or forcibly resisted in any case whatsoever either in their Persons Ordinances Commands Instruments Officers or Armed Souldiers by the King himselfe his Counsellors Armies Cavaliers or by any inferiour powers persons or Subjects whatsoever especially when their proceedings are just and legall as hitherto they have beene under paine of temporall and eternall condemnation I hope the Doctor and his Camerads will now beshrew themselves that ever they medled with this Text and made such a halter to strangle their owne treacherous cause and those who have taken up armes in its defence Secondly that Power which is simply highest and supreame in any State may lawfully with good conscience take up Armes to resist or suppresse any other power that shall take up armes to subvert Religion Lawes Liberties the Republike or the juâ—t Rights and Priviledges of the Subject or of this higher power This is our opposites owne argumentation Therefore the Parliament being in verity the highest supreame Power in our State may lawfully with good conscience take up Armes to resist or suppresse his Majesties Malignant Popish Forces or any other power which already hath or hereafter shall be raised to subvert Religion Lawes Liberties the Republike just Rights and Priviledges of Parliament or the Subjects and every man with safe conscience may chearefully serve in such a warre upon the Parliaments encouragement or command without guilt of treason or rebellion either in Law or Conscience For the third Question Whether Tyrants or unjust oppressing Magistrates as they are such be within the intendment of this Text and not to be resisted in any case I have fully cleared this before from the occasion scope and arguments used in this Chapter that they are not within the compasse of this Text as they are such and may be resisted in their Tyranny and oppressions notwithsâ—anding this inhibition I shall not repeat but onely fortifie this Position with some new reasons and authorities First then that which is not the ordinance of God but rather of the Devill and the meâ—re sinne and enormity of the Governour himselfe
that Crowne of Martyrdome which they desired and to offer up themselves a voluntary freewill oblation to the Lord who would certainly avenge all their wrongs This is the sum of all these Authorities which evidence resistance lawfull in it selfe and to these Christians too in their owne judgements and resolutions though the desire of Martyrdome made them freely to forbeare it These Examples and Authorities therefore abundantly corroborate and no wayes impeach our cause Thirdly their examples of not resisting Persecuters being rather voluntary then enjoyned out of a longing desire to be Martyrs and an assurance of divine vengeance to be executed on their Persecuters is no restraint nor ground at all for other Christians now not to use any forcible resistance it being a grosse inconsequent to argue The Primitive Christians voluntarily refused to defend themselves with force of Armes against their Persecuters though they were not bound in point of Conscience from such resistance and had both liberty and power to resist Ergo Christians in point of Conscience ought not to make any forcible resistance against oppressing Lords and Persecuters now For then this their voluntary choice and election should deprive all following Christians of that ability of defence which both themselves then had and since enjoy by Gods and Natures Law Yet this is all the argument which can be ingeniously framed from these Authorities and Examples the absurdity whereof I shall thus further illustrate from like Precedents We know first That the primitive Christians out of a desire of martyrdome not only refused to resist but to flee away from their Persecuters when they might safely doe it some of them holding it unlawfull and dishonourable to flee in such a case by name Tertullian in his booke De fuga in persecutione Will our Opposites from hence inferre Ergo it is unlawfull for Christians not onely to resist but even to flee from their Persecuters or his Majesties murdering plundering Forces Or for them selves to flee not onely from the Parliaments Forces but Justice too as many of them have done yea made escapes against Law to flee therefrom If the Christians not fleeing binde neither them nor us not to flee now why should their not resisting onely doe it Secondly The Primitive Christians ran to the stake of martyrdome when they were neither accused cited persecuted by any freely confessing themselves Christians and rather desiring presently to die Martyrs then live Christians and reputing it worse then death not to be admitted to or delaied the honour of being Martyrs of which we have infinite Preâ—idents in Ecclesiasticall Histories commonly known and over-tedious to recite I shall onely instance in Iulian the Apostates Christian Souldiers who being over-reached by him under colour of a largesse to throw some Frankincense into a fire secretly kindled by the Emperour in honour of an Idol they dreaming of no such thing and doing it onely as a meere complementall Ceremonie as soon as they heard how the Emperour had over-reached them and given out speeches that they had sacrificed to his Idol presently rising from the feast prepared for them in a â—ury inflâ—med with zeale and wrath ran through the Market place and cried out openly Wee are Christians Wee are Christians in minde let all men heare it and above all God to whom we both live and will also die O Christ our Saviour we have not broken our faith plighted to thee If our hand hath any way offended verily our minde followed it not at all we are circumvented by the Emperours fraud with whose gold we are wounded We have put off impiety we are purged by blood After which posting speedily to the Emperour and casting away their gold with a generous and strenuous minde they exclaimed against him in this manner O Emperour we have not received gifts but are damned with death We are not called for our honour but branded with ignominie Give this benefit to thy Souldiers kill and behead us unto Christ to whose Empire onely we are subject Recompence fire for fire for those ashes reduce us into ashes Cut off the hands which we have wickedly stretched out the feet wherewith we have perniciously run together Give gold to others who will not afterwards repent they have received it Christ is enough and more then sufficient unto us whom we account in stead of all The Emperour enraged with this speech refused to slay them openly lest they should bee made Martyrs who as much as in them lay were Martyrs but onely banished them revenging this their contempt with that punishment Will it then follow from these memorable examples That all true Christians now in England and Ireland must come thus and offer themselves voluntarily to the Popish Rebels and Forces now in Arms to extirpate the Protestant Religion in both Kingdoms or that the Members of both Houses must go speedily to Oxford to the King and hâ—s evill Counsellors and there let them kill hang burne quarter slay execute torture them subvert Religion Laws Liberties Parliaments without the least resistance Or will our Opposites hence conclude as they may with better Judgement and Conscience dâ—e Ergo all such persons voted Traitors and Delinquents in any kinde by both Houses of Parliament ought now in point of Conscience to avoid the effusion of blood and ruine of the Realm through the civill warres they have occasioned to lay down their Arms and voluntarily resigne up themselves to the impartiall Justice of the Parliament without any the least resistance for the future If no such Doctrinall or Practicall conclusions may be drawne from these their Precedents of voluntary seeking and rendring themselves up to the Martyrdome of their Opposites then the unlawfulnesse of resisting cannot be inferred from this their non-resisting Thirdly how many cowardly Souldiers in all ages and in this too have voluntaâ—ily yeelded up Forts Castles Ships Armes Persons to their invading approaching enemies without fight or resistance How many persons have resigned up their Purses to high-way theeves their Lands to disseisors their Houses Goods to riotors their Ships Estates Persons to Turkish and other Pirats without any resistâ—nce when they might have lawfully and easily preserved them by resisting Will it therefore follow that all others must do so that we must not fight against invading Enemies Theeves Pirats Riotors becaâ—se many good Christians out of fear or cowardise or for other reasons have not done it in all ages I â—â—ow not Will the Jews refusiâ—g tâ—ree or four severall times to defend themselves against their insulting enemies on their Sabbath or the Gothes not resisting their invading foes on the Lords Day or will the Alexandrian Jewes example and spâ—ech to Flaccus Inermes sumus ut vides tamen sunt qui nos tanquam hostes publicâ—s hic criminaâ—tur Etiam â—as quas ad nostri tutelam partes dâ—dit natura retrò vertimus ubi nihil habent quod agant corpora praebâ—mus nuda patentia
ad impetum eorum qui nos volunt occid re Or that example of the Christian Theban Legion slain without the least resistance for their Religion who as an ancient Martyriologer saith Caed bantur passim gâ—adi is non reclamantes sed dâ—positis armis cervices persecutoribus vel intectum corpus offerentes warrant this deduction Ergo no Christians now must resist their invading enemies on the Sabbath day but must offer their naked bodiâ—s heads throats unto their swords and violence If not then these examples and authoâ—ities will no wayes prejudice our present resistance Fourthly the Christians not onely refused to resist their oppressing Emperours and Magistrates who proceeded judicially by a kinde of Law against them but even the vulgar people who assaulted stoned slew them in the streets against Law as Tertullians words Quoties enim praeterit is à vobis SUO JURE NOS INIMICUM VULGUS invadit lapidibus incendiis c. manifest without all contradiction and indeed this passage so much insisted on relates principally if not onely to such assaults of the rude notorious vulgar which every man will grant the Christians might lawfully with good conscience forcibly resist because they were no Magistrates nor lawfull higher powers within Rom. 13. 1. 2. or 1 Pet. 2. 13 14. Either then our Antagonist must grant that it is unlawfull in point of Conscience forcibly to resist the unlawfull assaults and violence of the vulgar or private persons who are no Magistrates and that it is unlawfull now for any Christians to resist Theeves Pirats or beare defensive Armes as the Anabaptists from whose quiver our Antagonists have borrowed this and all other shafts against the present defensive warre and to make the primitive Christians all Anabaptists in this particular Or else inevitably grant resistance lawfull notwithanding their examples and these passages of not resisting The rather because Tertullian in the next preceding words puts no difference at all between the Emperour and meanest Subjects in this case Idem sumus saith he Imperatoribus qui vicinis nostris malè enim velle malè facere malè dicere malè cogitare de quoquam ex aequo vetamur Quodcunqâ—e non licet in Imperatorem id nâ—c in quenquam Fifthly admit the Christians then deemed all forcible resistanâ—e of persecuters simply unlawfull in point of Conscience as being a thing quite contrary to Christian profession and Religion then as it necessarily proves on the one side That even Christian Kings Princes Magistrates must in no wise forcibly resist the tumultuous Rebellions Insurrections and persecutions of their Subjects because they are Christians as well as Rulers and in this regard equally obliged with them not to resist with Armes much lesse then their Parliaments Forces lawfully raised for the publike defence So on the contrary part it follows not that therefore resistance is either unlawfull in it selfe or that the Parliaments present resistance is so For first such resistance being no where prohibited as I have formerly proved their bare opinion that it was unlawfull to them cannot make it so to them or us in point of conscience since God hath not made or declared it so Secondly the primitive Christians held many things unlawfull in point of Conscience which we now hold not so Tertullian and others informe us That the Christians in his time thought it a hainous sinne Nâ—fas to pray kneeling on the Lords day or between Easter and Whitsontide and so by consequence to kneele at the Sacrament praying alwayes standing on those dayes in memory of Christs resurrection Which custome was ratified also by many Councels Yet then it was lawfull no doubt in it selfe for them to pray kneeling and we all use the contrary custome now The Christians then held it unlawfull to eat blood in puddings or any other meats as Tertullian Minucius Felix testifie and many Councels expressely prohibited it since as unlawfull Yet all Churches at this day deem it lawfull and practise the contrary The Christians in Tertullians dayes and he himselfe in a speciall Book De fuga in persecutione held it unlawfull to flee in times of persecution and therefore they voluntarily offered themselves to martyrdome without flight or resistance Yet we all now hold flying lawfull and all sorts practise it as lawfull yea many more then they ought to doe I might give sundry other instances of like nature The Christians opinion therefore of the unlawfulnesse of any armed resistance of Persecuters publike or private held they any such though seconded with their practice is no good argument of its unlawfulnesse without better evidence either then or at this present Thirdly the case of the Primitive Christians and ours now is far different The Emperours Magistrates and whole States under which they then lived were all Pagan Idolaters their Religion quite contrary to the Laws and false Religions setled in those States There were many Laws and Edicts then in force against Christian Religion unrepealed most Professors of Religion were of the lowest ranke not many wise Noble mighty men scarce any great Officer Magistrate or Senator was of that profession but all fierce enemies against it For Christians being but private men and no apparant body of a State to make any publike forcible resistance in defence of Religion against Emperours Senators Magistrates Lawes and the whole State wherein they lived had neither been prevalent nor expedient a great hinderance and prejudice to Religion and as some hold unlawfull But our present case is far otherwise our King Parliament State Magistrates People are all Christians in externall profession our Protestant Religion established Popery excluded banished by sundry publike Lawes the Houses of Parliament and others now resisting are the whole body of the Realme in representation and have authority even by Law to defend themselves and Religion against invading Popish Forces In which regards our present resistance is and may cleerly bee affirmed lawfull though the primitive Christians in respect of the former circumstances might not be so Secondly their resistance especially of the Magistrates not vulgar rabble if made had been onely singly for defence of their Religion then practised but in corners publikely condemned no where tolerated Our present war is not onely for defence of our Religion established by Law and to keep out Popery but for the preservation of Laws Liberties the very essence of Parliaments the safety of the Realme and that by authority of Parliament the representative body of the Realme The Parliaments defensive warre therefore upon these politicke grounds is just and lawfull though the Primitive Christians perchance in defence of Religion onely as its case then stood would not have been so even as the Roman Senators and States resisting of Nero or any other Tyrannicall Emperors violations of the Laws Liberties Lives Estates of the Senate people were then reputed just and lawfull though the Christians defence of Religion would not
of the Parliament so that their grant and assent iâ— Parliament not the Kings is the onely thing that makes them legall and binding to the subject Now both Houses have granted ordered and assented to this Assessement exceeding not the twentieth part of mens estates and given order for the leavying of it and that for the Parliaments Kingdomes religions necessary defence and preservation Therefore it is obligatory and legall though the King himselfe consent not or disassent thereto especially as the present condition of things stands even by the very letter of these acts Secondly this is apparent by the letter of all our publique Acts for the granting of Subsidies Ayds Tenths Fifteenes Taxes Customes Tonnage Poundage or any such like impositions in and by Parliament either by the Temporalty or Clergy which Acts runne usually in this manner The Commons of this Realme HAVE GRANTED FOR DEFENCE OF THE SAID REALME and especially for the safegard and custody of the Sea a Subsidy a Subsidie called Tonnage c. The Prelates Earles Barons and all the Commons of the Realme willingly and with one assent HAVE GRANTED the ninth Lambe ninth sheafe and ninth fleece c. And of Cities and Burroughs the ninth part of all their goods and chaâ—â—â—ls c. in aide of the good keeping the Realme as well by Land as by Sea c. We your pâ—ore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following as GRANTED of free hearts and good wils as the first-fruits of our good wils and hearts c. by the advice and Assent of the Lords spirituall and temporall GIVE GRANT for the defence of your realm and the keeping and safegard of the seas c. one Subsidy called Tonnage c. The Prelates and Clergy c. as a speciall and significant testimony of their loyall affection c. with one affection and uniforme consent HAVE GIVEN GRANTED foure whole and intire Subsidies We your Commons assembled in your high Court of Parliament humbly present your Majesty with the FREE CHEERFULL GIFT of two intire Subsidies c. All Subsidies and Taxes then being the free gift of the Commons Clergy and Pâ—eres in Parliament and that onely for the defence of the Kingdome by sea and land it is infallible that they do may and can oblige themselves and those they represent to pay such publike Taxes to this end without the Kings concurrence Thirdly this is cleare by considering that the Commons and Lords in Parliament have alwaies had 1. And absolute right and power to grant or deny Taxes Subsidies aydes and assistance as they saw occassion 2. To proportion the aydes and Subsidies granted 3. To limit the certaine manner waies and times of paying and levying them and the persons who shall either pay assesse collect receive or disburse them 4. The ends and uses to which they should be imployed when leavied debarring the King oft times when they saw cause of any power at all to receive or dispose of them appointing Collectors and Treasurers of their owne to receive and issue them out againe by the advice and directions of these as themselves prescribed for which I shall give you some few instances of note in lieu of many more that might be remembred Anno 1237. being the 21 yeere of Henry the third The Parliament after many contestations with the King for his fraud oppressions favouring of Aliens c. to the Kingdomes detriment the King by Oath prâ—mâ—sing amendment granted unto him the thirtieth part of all their moveables excepting ready Money Horse and Armour to be imployed for the Common wealth and benefit of the Realme with this condition often annexed that the King should leave the Counsell of Aliens and onely use that of his naturall Subjects And for more security it was ordained that foure Knights of every Shiere and one Clerke of the Kings in every severall Shiere shall upon their oâ—thes collect receive and deliver the said Subsidy either into some Abbey or Castle to be safely reserved there and disposed of for the benefit of the King and Kingdome by the view and counsell of the Earle Warren or others when there should be need Or otherwise if the King fâ—iled in performance of His promises and grants it ought to be faithfully restored and distributed to the Country whence it was collected In the 11. yeere of King Edward the 2. Anno 1318. The Parliament not daring to trust this prodigall mis-counselled King with moneys instead of Subsides granted him an aide of armed men against the Scots London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion whereby a great Army was leavied The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. Stat. 2. c. 1. 18. E. 3. Parliament 2 3. forecited at large part 2. p. 8. 9. 31 H. 6. Num. 41. 21 Iac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certaine Nobles and others whom they nominate and appoint Treasurers to receive and issue them to the ends for which they granted them prescribing them an oath to issue none of them to other purposes or in any other maner then they prescribed Yea the Acts of former Parliaments and this present concerning Tonnage Poundage Polemoney and Subsidies frequently do the like Therefore the granting and disposing of those Taxes Aydes Subsidies rests wholly in the Commons and Lords and no waies on the King who commonly desires the Parliament to great them Fourthly this is further evidenced by the Kings usuall answer and assent unto such Bills as these Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE auxy le vâ—ult taking it wholly as a free grant from them which assent in this case is rather formall then substantiall it being the Commons and Lords owne consent only to Bils of this nature not the Kings that make the Taxes and Impositions binding as the forecited Statutes the Petition of Right 3 Caroli Fortescue and our Lawbookes resolve and I have elsewhere manifested more at large Therefore the want of the Kings assent or disassent to the Parliaments present assâ—ssement for the Kingdomes necessary defence in the present extremity when the King not onely wilfully absents himselfe from but hath raised Armes against the Parliament is not materiall nor simply necessary in point of Law though usually requisite and necessary for formality sake at other seasons to compleat such Acts since Sepenumero Necessitas vincit legem quod necessarium est liciâ—um est as this assessement now is though all formalities be not punctually observed as is resolved in Dormers case Cooke l. 5. f. 40. b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the
Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the imposiâ—ions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremley This I shall further cleare by some ancient and late judgements in point Mâ—ch 14. Ed. 2. rot 60. in the Kings Bench William Heybâ—rne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Not guilty the Jury â—ound a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Maâ—kes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespâ—sser Which case was agreed for good Law by all the Iudges in the late Case of Ship-money argued in the Exchequer Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance where of they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted the Lords and Commons considering what a solemne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Proteâ—tant Râ—ligion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the sam c. as in the Protestation made by both Houses consents when fullest And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament for the necessary defence of the Realm the Subjects Parliaments Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie being thus made by assent of both Houses and so of all the Kingdom in them in pursuance of this Protestation should not as legally yea more justly oblige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searched and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assent of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assâ—ssing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Terme being then adjourned thither from London by reason of the Plague with a penalty to be levyed by distresse for non-payment of this Tax was good to bindâ— all the Inhabitants there because it was for the publike good Mich. 31. and 32. Eliz. in the Kings Bench Williamâ— Iefferies Case and Pasch. 41. Eliz. Pagets Case it was
resolved That the Church-Wardens with the greater part of the Parishioners assents may lay a Taxe upon all the Parishioners according to the quantitie of their Lands and Estates or the number of Acres of Land they hold the Taxe there was four pence an Acre for Marsh-Land and two pence for Earable for the necessary reparation of the Church and that this shall binde all the Inhabitants so as they may be Libelled against in the Spirituall Court for non-payment thereof and no prohibition lieth The like hath been resolved in sundry other Cases And by the Common-Law of England whereby the breach of Sea-Walls the Country is or may be surrounded every one who hath Lands within the levell or danger which may have benefit or losse by the inundation may and shall be enforced to contribute towards the repair and making up of the Sea-walls and a reasonable Tax assessed by a Iury or the Major-part shall binde all the rest because it is both for their own private and the common good If the Law be thus unquestionably adjudged in all these Cases without the Kings assent then much more must this Assessement imposed by both Houses be obligatory in point of Law and Justice though the King consented not thereto since the Houses and whole Kingdom consented to it for their own defence and preservation Sixthly This is a dutie inseparably incident by the Fundamentall Law and originall compact of every Kingdom Citie Corporation Company or Fraternitie of men in the World that every Member of them should contribute proportionably upon all occasions especially in Cases of imminent danger toward the necessary charges defence and preservation of that Kingdom Citie Corporation Company or Fraternitie of which he is a Member without which contribution they could be neither a Kingdom Citie Corporation Company Fraternitie or have any continuance or subsistence at all Which Contributions are assessed by Parliaments in Kingdoms by the Aldermen or Common-Councell in Cities by the Master and Assistants in Fraternities and what the Major part concludes still bindes the Residue and the dissent of some though the Major or Master of the Company be one shall be no obstacle to the rest This all our Acts concerning Subsidies Aydes Tonnage and Poundage the daily practice and constant experience of every Kingdom Citie Corporation Company Fraternitie in the World manifests past all contradictions which being an indubitable veritie I think no reasonable man can produce the least shadow of Law or Reason why the Parliament representing the whole Body of the Kingdom and being the supream Power Counsell in the Realm bound both in Dutie and Conscience to provide for its securitie may not in this Case of extremitie legally impose this necessary Tax for their own the Kingdoms Subjects Laws Religions preservations of which they are the proper Judges Gardians and should not rather be credited herein then a private Cabinet Court-Counsell of persons disaffected to the Republike who impose now farre greater Taxes on the Subjects and plunder spoyl destroy them every where directly against the Law of purpose to ruine both Parliament Kingdom Religion Laws Liberties and Posteritie Seventhly It is confessed by all That if the King be an Infunt Non-Compos absent in Forraign remote parts or detained prisoner by an Enemy that the Kingdom or Parliament in all such Cases may without the Kings actuall personall assent create a Protector or Regent of their own Election and not onely make Laws but grant Subsidies impose Taxes and raise Forces for the Kingdoms necessary defence as sundry domestick and forraign Presidents in the preceding Parts and Appendix evidence And Hugo Grotius Iunius Brutus with other Lawyers acknowledge as a thing beyond all dispute Nay if the King be of full age and within the Realm if a forraign enemy come to invade it and the King neglect or refuse to set out a Navy or raise any Forces to resist them The Lords and Commons in such a Case of extremitie may and are bound in Law and Conscience so to do for their own and the Kingdoms preservation not onely in and by Parliament but without any Parliament at all if it cannot be conveniently summoned lawfully raise forces by Sea and Land to encounter the Enemies and impose Taxes and Contributions to this purpose on all the Subjects by common consent with clauses of distresse and imprisonment in case of refusall as I have elsewhere proved And if in Case of invasion even by the Common-Law of the Realm any Captains or Souldiers may lawfully enter into another mans ground and there encamp muster or build Forts to resist the Enemy or pull down the Suburbs of a Citie to preserve the Citie it self when in danger to be fired or assaulted by an Enemy without the speciall consent of King Parliament or the Owners of the Lands or Houses without Trespasse or offence because it is for the publike safetie as our Law Books resolve Then much more may both Houses of Parliament when the King hath through the advice of ill Councellors wilfully deserted them refused to return to them and raised an Army of Papists and Malignants against them and the Realm now miserably sacked and wasted by them as bad as by any forraign Enemies both take up Arms raise an Army and impose Assessements and Contributions by Ordinances unanimously voted by them against which no Lover of his Country or Religion no nor yet the greatest Royallist or Malignant can with the least shadow of Law or Reason justly except Eightly If they shall now demand what Presidents there are for this I Answer First That the Parliament being the Soveraign Power and Counsell in the Realm is not tyed to any Presidents but hath power to make new Presidents as well as new Laws in new Cases and mischiefs where there are no old Presidents or vary from them though there be ancient ones if better and fitter Presidents may be made as every Court of Justice likewise hath Power to give new Judgements and make new Presidents in new Cases and may sometimes swerve from old Presidents where there were no ancient Presidents to guide them even as Physitians invent new Medicines Chyrurgions new Emplaisters for new Diseases Ulcers or where old Medicines and Balsomes are inconvenient or not so proper as new ones And as men and women daily invent and use new Fashions at their pleasure Tradesmen new Manifactures without licence of King or a Parliament because they deem them better or more comely then the old Secondly I might demand of them by what old domestick lawfull Presidents His Majestis departure from the Parliament His Levying Warre against it His proclaiming many Members of it Traytors and now all of them Traytors and no Parliament His unvoting of their Votes in Parliament out of Parliament His imposing of Taxes and Contributions in all Countries where His Forces are beyond mens estates and annuall revenues His burning sacking pillaging murdering ruining of His own
Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an Aâ—my of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpat as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note informer in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of Late yeers thâ—y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of the Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readily submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declarations Proclamations Inhibitions in His Majestieâ—s Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis talia fando tempâ—ret a lachrymis Adde to this That the Lords Iustices and Councell in Ireland the twenty nine of Iune 1643 have without authoritiâ— of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledgâ— That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortigâ—rne Sigebert Osred Ethelred Bâ—ornard Leowâ—lfe Edwine whom thâ—y deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King Iohn Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sintit commodum sentirâ— debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemiâ—s granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of Wâ—oll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a â—leet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they fearâ—d not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privatâ—ly with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was taken prisoner by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Iustices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Wooâ—â—des of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silvâ—r Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very
were still accountable for their actions and misgovernment This Iohn Bodin a famous learned French Lawyer of great experience in State affaires surpassing all who writ before him of Republikes plainly affirmes in these words The Roman Emperours were at first nothing else but Princes of the Common weale that is to say the cheife and principall men the SOVERAIGNTY neverthelesse still RESTING IN THE PEOPLE AND SENATE the Emperour having the Soveraigne authority only infact not in right the State being but a very Principality wherein THE PEOPLE HAD THE SOVERAIGNTY So the German Empire at this day is nothing else but an Aristocraticall Principality wherein the Emperour is head and chiefe the POWER and majesty of the Empire BELONGINGâ— VNTO THE STATES THEREOF who thrust out of the Government Adolphus the Emperour in the yeare 1296 and also after him Wenceslaus in the yeare 1400 and that BY WAY OF IVSTICE AS HAVING IVRISDICTION AND POWER OVER THEM And so properly ancient Romans said Imperium in Magistratibus Auctoritatem in Senatu Potestatem in Plebe Maiestatem in Populo Command to be in the Magistrates Authority in the Senate Power in the Maeniall People and Majesty in the People in Generall The Senate in Rome did consult the people command for Livy oft times saith Senatus decrevit populus iussit the Senate hath decreed and the People commanded Which he there more largely prosecutes as you may read at leysure To all which Bishop Bilson himself doth fully assent affirming that Germany is a free state that the Emperour holds the Empire by election and that but on condition which he takes an oath to performe And if he violate their liberties or his oath they may not only lawfully resist him by force of armes but repell and depose him as a tyrant and set another in his place by the right and freedome of their Countrey And Cassanaeus holds that the people may take away the very name of the Emperour at this day degrade him and resume his royall power This then being an unquestionable verity disproves that palpable common mistake of Dr. Ferne with other ignorant Court Doctors and Royalists who would make the world and Kings beleeve that the Roman Emperours were of greater power and authority than the Senate people the highest powers upon earth to which all persons yea the Senate and people collectively considered ought to submit and that it was unlawfull either for the Senate or people forcibly to resist Caligula Claudius Nâ—ro and other their wickedest and most tyrannicall Emperours much lesse to depose take armes against or call them to a strict just account for their Tyranny Oppression or Misgovernment it being directly contrary to Pauls Doctrine Rom. 13. 1 to 6. Let every soule be subject to the higher powers c. which false groundlesse principle is the sole foundation upon which all their late Sermons Books and rayling Discourses against this Parliaments proceedings and taking up of defensive armes are built when as in truth the Senâ—te people were the highest powers to whoÌ„ the Roman Emperours themselves were to be obedient in all iust requests commands under paine of damnation and subiect to the Senates sword of â—ustice in case of disobedience misgovernment as all the premises evidence yea it likewise manifestly evidenceth that whole States Parliaments are the highest power and above their Kings who are subject to theÌ„ since the Roman and Greek Senates and people heretofore the very German States at this day are the highest power and above their Emperours though ever reputed of greater power Soveraignty and dignity than any Kings and the greatest Monarchs in the world and that therfore Kings even by Pauls Doctrine Rom. 13. ought to be subiect to the higher power and Iurisdiction of their Parliaments the Laws and Statutes of their Realmes and to be accountable to them if not subiect to their censures as some affirme in exorbitant cases of misgovernment which concern the Kingdomes and peoples safety If Kings iniuriously take away the lands goods or imprison the persons of any particular subjects the Law gives every one a particular remedy against them by way of Action or Petition of Right If then every private subiect may have redresse much more the whole Kingdome in and by Parliaments only not in inferiour Courts against their Soveraigns which oppresse them who being subiect unto the Lawes of God and their Realmes which have no respect of persons may as many affirme be questioned and iudged by them in their Parliaments as well as other princes great officers of State and Magistrates who in scripture are called Gods the higher powers and said to be ordained to rule judge by and for God as well as Kings and Emperours It is branded as a spice of Antichristian pride in Popes and their Parasites to deem themselves so High above other men that they are accountable to none but God for their wicked actions though many Popes in former and later times have been questioned censured imprisoned and deposed both by Emperours Kings and Councels for their intollerable misdemeanors And is it not the very selfe same crime in Kings in Emperours and their flatterers to hold this Popish erronious opinion that they are in no case responsible to their whole Kingdomes or Parliaments for their grossâ—st exorbitances Our Popish Prelates and Clergy generally heretofore and some of our Protestant Bishops and Divines of late times from St. Ambrose his practise have held that â—â—ings for murthers rapes and great crying offenceâ— may be Lawfully excommunicated and censured by the spirituall Law and sword as sundry Emperours and Kings have been then why not likewise by the temporall when their Parliaments and whole Kingdoms see just cause the case of hundreds of Emperours and Kings in former time as the Histories of all Nations and ages prove abundantly beyond all contradiction I shall here instance in some few Kings censures subject to the Roman State and Empire with whom I shall conclude this discourse touching the Roman Monarchs Deioratus King of Galatia under the Romans Iâ—risdiction and one of their allies was accused of Treason and condemned to lose both his head and estate for certaine offences against C. Caesar and the Roman State as appeares by Tullies Oration to Caesar in his behalfe to procure his pardon which because it was the first president of this kinde made his advocate say tamen ita inusitatum est Regem capitis reumesse ut ante hoc tempus non sit auditum yet long before that Zedechiah King of Iudah rebelling against the King of Babylon was brought prisoner to the King of Babylon to Riblah where hee gave judgement upon him slew both his sonnes and Princes before his eyes and then put out his own eyes bound him with fetters of brasse and carried him prisoner to Babylon where hee died 2 Kings 25. 1. to 8. Ier. 52. 1. to 12. And after Deâ—oratus Antigonus King of the Iewes being taken prisoner by Antonius for
the Duke sent out Commissions and assembled the Three Estates againe at Paris the 15. day of February Where in the parliament chamber in the presence of the Duke Estates and divers Nobles Robert Coke Bishop of Laon by command of the Duke made a long Oration of the misguiding the King and the Land by meanes of evill Officers as well by changing of money as other many unlawfull Excises and Taxes to the great impoverishment of the Commonalty of the Realme and to the singular enriching and advancement of the said Officers Wherefore the Three Estates prayed that all such Officers may be removed from their Offices and other that shall be thought more beneficiall for the King and his Realme to be admitted Of which Officers the Archbishop of Roan then newly made Cardinall was noted for one and other to the number of 21. whereof some were right neere to the Duke After which Oration Sir Iohn de Pigquine in the name of the Three Estates offered That the Three Estates should finde to the King 30000. men for an whole yeare so as all things might after that day be ordered as the Bishop had before devised All which Articles were unto them by the Duke granted and incontinently all such Officers as they before had named were cleanly avoided and other such as by the said 3. Estates were thought most necessary were put and chosen to their roomes except that some of the old as Masters of Accounts and some of the Prâ—â—sidents and Masters of the Requests were holden in for a time to shew unto the new how they should order and guide their said Offices And the 26 of March was a new money proclaimed thorow Paris such as the said 3. Estates had newly devised The King informed of this sends the Archbishop of Sennes and two Earles from Burdeaux where he was prisoner with a Proclamation which they caused to be proclaimed in Paris the 6. of April That the people should not pay such Subsidies as the 3. Estates had ordained for the waging of the 30000. men aforesaid or for the Kings fine and also that the 3. Estates after that day should no more assemble for any causes or matter before touched till they had farther knowledge of the Kings pleasure For which Proclamation the Citizens of Paris much blamed the said Bishop and Earles who purchased it who as soone as this Proclamation was made for feare of the people fled from Paris Vpon this Proclamation the Commons waxed so mad that they left their occupations drew them to Conventicles and Companies and used many unfitting words of the King and his Counsell Whereupon to avoid inconvenience the Duke commanded a Watch to be kept in the City day and night and certaine Gates of the City to bee kept shut Vpon the 9. day of April another Proclamation was made all contrary to that other By vertue whereof it was charged that the fore-said Subsidies should bee levyed and also that the 3. Estates shouldre-assemble at Paris the 5. day after Easter and there to proceed upon all such matters as were before by them begaâ— When the Estates meet againe there grew a difference between them and the Duke about the subsidies for the finding of 30000. men the summe assessed for that puâ—pose being too small by much the Clergy and Lords thâ—n refusing to pay any more then they were first sessed unto By meanes of which difference the assembly of State was dissolved Whereupon strait command was given by the Duke to the Provost of Paris and others who bare principall sway within the City and were great stricklers and doers in the Assemblies of the 3. Estates so that much of the businesse was ruled by them and their meanes that they should cease their Authority and not to deale any more with the rule of the Realme but onely with the good rule and government of the City of Paris That done the Duke rode about to divers good Townes making request to them for ayde and to have this new money currant among them But he sped little of his purpose Then shortly after he assembled at Paris certaine person of 20. or 30. Townes next adjoyning with whom he held a Counsell for sundry dayes who in the end shewed him that they might bring no thing to effect without the assembling the 3. states besought him that they might be eft-soon assembled trusting that they would then satisfie his minde Upon which the Duke sent forth Commissions charging the said 3. Estates to appeare before him at Paris the next Wednesday after All Saints day which they did where the Duke condiscending to their former Articles he gave the King of Navarre and the 3. Estates full content who promised that they would demeane themselves to his Father and him as true and dutifull Subâ—ects and advising 〈◊〉 to take upon him the Government of the Realme they created him Regent of France during his fathers imprisonment After this hee assembled the Estates and chiefe Burgesses of Cities at Paris and acquainted them with the King of Englands large demands for his fathers inlargement which were so displeasing to all the company that they answered The said Treatie was neither honourable nor profitable And rather then the King should binde him and his land to such inconveniences they would prepare to mâ—ke sharpe Warre against England whereupon they granted to finde divers thousands of men at Arms at their owne costs for certain moneths to relieve the King And at another Parliament assembled when Iohn was dead and Charles came to the Crowne they granted an excise of every 4 penny of all things bought and sold for the maintenance of his warres the spiritualty granted him a disme and the Lords and Gentlemen were stinted at a certaine And in the eleventh yeare of his reigne he assembled his great Councell of Parliament at Paris where among many Acts made for the weale of the Realme he with the assent of the Lords and Commons there assembled enacted for a Law after that day to be continued That all Heires of the Crowne of France their fathert being dead may be crownned as Kings of France so soone as they attained to the age of fourteene years And in the fifteenth yeare of his reigne the Duke of Flanders granted to those of Gaunt such Articles of agreement for the confirmation of their liberties the repealing of illegall taxes the electing of their owne Officers the Dukes Councellours and the like which you may read in Fabian as plainly manifest this whole Dukedome and people to be of greater jurisdiction then himselfe though invested with regall authoritie and that he had no power to impose any taxes on them without their grant and consent the contrary whereof caused many bloudy warres among them Charles the seventh after Fabians account but sixt after the French History a Childe of thirteene yeares by reason of the difference between the Lords who should be Vicâ—gerent was by the advice of the major part of the Lords
better to let the curious reade them in the Originalls themselves Amongst all losses that of Liberty toucheth neerest but Francis having learned to withstand all adversity with a constant resolution said I will dye a Prisoner rather then make any breach in my Realm for my deliverance whereof I neither WIL NOR CAN alienate any part without the consent of the Soveraign Courts and Officers in whose hands remains the authority of the whole Realm We preferre the generall good before the private interest of Kings persons If the Emperour will treat with me let him demand reasonable things which lye in my power then shall he finde me ready to joyne with him and to favour his greatnesse The Emperour seeing the King constant in this resolution in the end yeelded to his delivery upon these termes That within six weekes after his delivery he should consigne the Dutchy of Burgongue to the Emperour with all the dependancies as well of the Dutchie as of the County the which should hereafter be sequestred from the Soveraigntie of the Realme of France That he should resigne to the Emperour all his rights pretended to the Estates of Naples Milan Genoa anâ— Ast That he should quit the Soveraignty of Flaunders and Arthois c. Hereupon the King being enlarged and arrived at Bayonne he was required to ratifie the Accord which he had promised to doe when hee came to a free place but he delayed it with many excuses giving the Emperour to understand that before he proceeded to such an act it was necessary that he should pacifiâ— his Subjects who were discontented with bonds which tended to the diminution of the Crowne of France c. After which the Pope and the Venetians sending Messengers unto him he complained of the Emperour that he had wronged him in that he had forced him to make impossible promises and that he would be revenged if â—ver occasion were offered and that he had often told him that it was not in the power of a French King to binde himselfe to the alienation of any thing depending of the Crowne without the consent of the Generall Estates that the Lawes of Christians did not allow that he which was taken in Warre should be detained in perpetuall prison which was a punishment proper to Malefactors and not for such 〈◊〉 had bin beaten by the cruelâ—y of fortune that all men knew that Bonds made by constraint in prison were of no value and that the capitulation being of no force the faith likewise which was but accessary and the confirmation of the same could not be bound that by the oath which he had taken at Râ—emes at his Coronation he was bound according to the custome of other Kings of France not to alienate the patrimony of the Crowne and therefore for these reasons he was no lesse free then ready to abate the Emperors pride The Emperor growing jealous of the Kings delayes for ratification thereof sent one unto him to be certified of his intent who found him very unwilling to leave Burgundy which being very prejudicall to the Crowne of France he said was not in his power to observe and that hee could not alien the Bourguinans without their assents in an assembly of the Estates of the Country which he intended to call shortly to know their minds By which it is most apparent that the Kings of France have no power at all to dispose of their Crown lands or alienate them to others as other Subjects may doe because they hold them onely in the right of their Crowne for their Kingdomes use and service the true proprieters of them Upon which very ground Philip Augustus King of France Anno 1216. in a solemne Assembly of the States at Lyons told Walo the Popes Legate who came to prohibit his Sonne Lewes to goe to receive the Crowne of England because King Iohn had resigned it to the Pope That no King or Prince can give away his Kingdom without the consent of his Barons who are bound to defend the Kingdome and if the Pope decreed to defend this errour he should give a most pernitious Example to all kingdomes domes Whereupon all the Nobles of France began to cry out with one mouth That they would stand for this Article unto death That no King or Prince by his sole pleasure could give his Kingdome to another or make it tributary whereby the Nobles of the Realme should be made servants And the next day Lewes his Advocate alledged that King Iohn for his homicides and many of her enormities was justly rejected by his Barons that Hee should not reigne over them That he could not give the Crowne of England to any one without the assent of his Barons and that when he had resigned it he presantly ceased to be a King and the Kingdome became void without a King and being so vacant could not be disposed of without the Barons who had lawfully elected Lewes for their King who in pursuance of this his Title which the Estates of France held just sailed into England took possession of the Kingdome received homage of all the Barons and Citizens of London who joyfully received him taking an Oath upon the Evangelists to restore them their good Lawes together with their lost Inheritances Henry the 2. of France being casually slaine by the Earle of Montgommery in running at the Tilt left the Crowne to Francis the 2. being but about 16. yeares of age the Queen Mother with his wives Vncles the Duke of Guise and the Cardinall of Loraigne hereupon usurped the Government of his person and Realme dispossessed the chiefe Officers of the Crowne kept backe the Princes of the Blood from Court the true and lawfull Governours of the State during the Kings minority and plotted the meanes to raise their race to the Royall Throne by displacing all great Officers substituting others of their owne faction and endeavouring to extirpate the Protestant party whom they feared as most opposite to their treacherous designes They doe and undoe place and displace in Parliament and Priviâ— Councell like absolute Kings they revoke all alienations for life or yeares made by the deceased King in recompence of any services except sales they caused divers Protestants to be put to dâ—ath imprisoned pillaged Wherewith the princes Officers and people being generally discontented to redresse the present and prevent all future disasters that might ensue require a generall Parliament as the Soveraigne cure for such diseases whereby the Queen Mother might be put from her usurped Regency and those of Guise excluded from the Kings person who to please the king perswade him that their opposites sought only to bridle and make him a Ward and that he should hold them enemies to his Authority and GVILTY OF HIGH TREASON THAT TALK OF A PARLIAMENT The King of Spaine to crosse them by Letters to the King his Brother-in-law declares himselfe for the good affection he bare to him Tutor and Protector of him his Realme and affaires against those
pretended fit onely for the Clergies determination not the Commons or three Estates as a means to ingender a schisme and offend the Pope and after much debate prevail and suppresse it In fine after many debates the three Estates brake up without any great â—edresse of their grievances or full answer to their Petitions which was defaced hereupon the Parliament at Paris the seven and twentieth day of March 1615. decreed under the Kings good pleasure That the Princes Dukes Peers and Officers of the Crowne having place and deliberate voyce therein being then in the Citie should be invited to come into the Court there with the Chancellour and all the Chambers assembled to advise upon the propositions which should be made for the kings service the ease of his subjects and good of his estate and to draw up a Remonstrance to this effect Some Court Parasites presently acquaint the King and Queen Mother with this Decree as if it were an apparent enterprize against the Kings Authoritie and did touch the Queens Regency which they would controll and objections are made against it in Councell whereupon the Parliament are sent for to the Court severall times and ordered to revoke this Decree they excuse and justifie it then draw up a Remonstrance to the king consisting of many Heads wherein among others they â—ffirme That the Parliament of Paris was borne with the State of France and holds place in Councell with Princes and Barons which in all ages was near to the Kings person That it had alwayes dealt in publike affairs that some Kings which had not liked of the Remonstrances of the Parliament at Paris did afterwards witnesse their griefe That Popes Emperours Kings and Princes had voluntarily submitted their controversies to the judgement of the Parliament of Paris c. To which I shall adde some passages out of Andrew Favine in his Theater of Honour touching the dignitie power and honour of the Parliaments of France In the Register of the Acts of Parliament beginning 1368. there is one dated the twenty seventh of Iune 1369. for matter of murder and assassinate committed on the person of Master Emery Doll Councellor of the said Parliament whereby it was approved That it was a crime of High Treason to kill a Councellor of Parliament And in Anno 1475. on the eleventh day of November Mounseir the Chancellor came to advertise the Court for going to hear the confession of the Constable of Saint Paul to whom for his rebellions and disobediences king Lewes the eleventh directed his Processe And the said Parliament declared That there was not a Lord in the Kingdome so great except the King and Mounsiour le Daulphine but ought to come and appear at the said Parliament in person when it was ordained for him And this is witnessed by a Lyon abasing his tail between his Legs exalted over the gate and entrance of the great Chamber by the Parquet des Huisiers thereof So that by this illustrious and Soveraigne Parliament are ordered and determined the principall affairs of the kingdom And in Anno 1482. the second day of Aprill king Lewâ—â— the eleventh sent unto the Parliament the Oath which he took at his sacring exhorting the said Parliament to performe good justice according as the King had promised to doe by his said Oath which he purposed to keep and the Oath is there Registred downe The Parliaments of France are Oaks with exalted Heads under whose Branches the people are covered from the very strongest violencies which constraineth them to yeeld obedience to their Prince But when Princes by bad councell misprize the authoritie of them whereof they ought to be zealous defenders as being exalted to the Royall dignity to rule and governe their Subjects by justice they cut off the right hand from the left If they refuse the holy Remonstrances of their Parliaments under color that they are not to meddle with affairs of State but onely with the Act of justice and lend a deaf ear when they are advertised of evill Government it is an assured Pronostick forewarning of the entire decadence of the Kingdome Strange and forraigne Princes have sought and submitted themselves to the judgement of their Parliament evâ—n in their affairs of greatest importance The Chronicle of Laureshime under the year 803. followed by the Monk Aimonius in the fourth Book of his History of France reporteth that king Lewes the Debonnaire holding his Parliament in May there came thither from strange Provinces two Brethren kings of Vvilses who with frank and free good will submitted themselves to the judgement of the said Parliament to which of them the Kingdom should belong Now albeit the custom of the said kingdom adjudged the Crown to the eldest according to the right of Prerogative allowed and practised by the Law of Nature and of late memory in the person of the last dead king Liubus father commune to these two contendants yet notwithstanding in regard of the subjects universall consent of the Kingdom who for the cowardise and want of government in the Elder had given the Crowne to the Younger for valliancie and discreet carriage by sentence the Kingdom was adjudged to him and the Eldest did him homage with Oath of allegiance in the said Parliament Under the third Ligne in the reign of Philip Augustus Pope Innocent the third and the Emperour Otho the fourth being in variance for the forme and tearms of the Oath of fidelity with the said Emperour should make to the Pope they referred it to the judgement of king Philip in his Parliament furnished with Peers Otho made some exception concerning the forme and terms of the Oath And not being able to agree of themselves both parties submitted to the judgement of king Philip Augustus and of his Court of Parliament furnished with Peeres So that by order given at Melum in Iuly 1204. the form of the said Oath was prescribed and registred in the Parliament Register at request of the said parties and sent unto Otho to render it to the said Pope Innocent who sent this assurance and Certificate to the said Parliament for Registring it being performed Innocentius Episcopus servus servorum Dei charissimo filio nostro Philippo Francorum Regi charissimo salutem Apostolicam benedictionem absque dubitatione noveritis quod secundum formam a vobis Curiae Regni vestri paribus praescriptam habetur apud nos jusjur andum charissimi Filii nostri Othonis Romanorum Regis illustris aurea Bulla munitum nobis Ecclesiae praestitum Ego Otho Romanorum Rex semper Augustus tibi Domino meo Innocentio Papae Ecclesiae Romanae spondeo polliâ—eor juro quod omnes possessiones honores jura Romanae Ecclesiae pro posse meo bona fide protegam ipsam ad eas retinendas bona fide jâ—vabo Quas autem nondum recuperavit adjutor ero ad recuperandum recuperatarum secundum posse meum ero â—ine fraude defensor quaecunque and
and void of humane Society they are no more to be reputed Kings but Tyrants as Hotoman hence determines I have now given you somewhat an over-large account of the two greatest and most absolute hereditary Kings in Christendom France and Spain and proved them to be inferiour to their Lawes Parliaments Kingdomes People out of their owne Authors and Historians in which points if any desire further satisfaction I shall advise them to read but Iunius Brutus his Vindiciae Contra Tyrannos De jure Magistratus in â—ubditos and Francisci Hotomani his Franco-Gallia and Controvers Illust. for France â—oannis Mariana de Rege Regum Instit. l. 1. with his History of Spain Hieronimus Blanca Rerum Arragonensium Commentarius Ioannis de Laet Hispaniae descrip c. 5. Vasquius Contr. illust for Spain at their leisure and then both their judgements and consciences will be abundantly satisfied herein I shall now very cursorily run over other forraigne Kings and Kingdoms of lesse power and Soveraignty with as much brevity as may be For the Kings of Hungary Bohemia Poland Denmarke Sweden as they have been usually and are at this day for the most part not hereditary but meerly ellective by the Nobles and people so their Lawes which they take an Oath inviolably to observe and their Parliaments Nobles people are in Soveraigne power and jurisdiction paramount them as much almost if not altogether as the State of Venice is above their Duke or the States of the Low Countries superiour to the Prince of Orange and may upon just occasion not onely forcibly resist them with Arms but likewise depose if not adjudge them unto death for their Tyranny as Iohn Bodin the â—istories of Hungary Poland Bohemia Denmarke Sweden Iunius Brutus De Iure Magistratus in Subditos Munster in his Cosmography and those who have compiled the Republikes of these Realmes attest who further evidence that most of these Realms have sometimes elected them Kings other times onely Dukes and made their republikes Principalitis Dukedoms or Kingdoms at their pleasure To give onely some briefe touches concerning these Realmes and their Kings Hungary THe Kings of Hungary are meerly elective by the States and Senators in their Parliaments or assemblies of the Estates without whom they can neither make Lawes impose Taxes leavie Warre nor conclude Peace and the grand Officer of the Realme to wit the great Palatine of Hungary who hath the chiefe Command both in Peace and Warre and power to judge the King Himselfe in some cases is elected onely in and by their Parliaments as the Marginall Writers manifest at large For their Realms and peoples deportment towards their ill Kings since they became Christians when they have degenerated into Tyrants and oâ—hewise misdemeâ—â—ed themselves take this briefe Epitome Peter the second Christian King of Hungary growing very insolent Tyrannicall and lascivious ravishing maâ—ds matrâ—ns in the third year of his reign all the Nobles and people thereupon conspiring together deposed and banished him the Realme electing Alba in his place who growing more insolent and Tyrannicall then Peter was in the third year of his reign slaine in warre and Peter restored to the Crown who proceeding in his tyrannies sacriledge and cruelty he was the third year after his restitution taken prisoner by his subjects his eyes put out and imprisoned till he dyâ—d Solomon the fifâ— King of Hungary was twice deposed and thrust out of his Kingdom first by King Bela next by King Gysa eleâ—â—ed Kings by the peoples generall consent and acclamation after whose death the Hungarians refused to restore Solomon and elected Ladislaus for their King whereupon Solomon became an Hermite and so dyed Ladislaus dying left two sons Almus the younger whom they elected King and Coloman the eldest to whom Almus out of simplicity surrendred the Crown because he was the elder brother whom he would not deprive of his primogeniture but repenting afterwards by the instigation of some of his friends he raised warre against his brother But the Hungarians to prevent a civill warâ—e and â—ffusion of blood DEâ—REED that these two brethren should fight it out between them in a single duell and he who conquered in the duell they would repute their King Which Combate Coloman being purblinde lame and crookback'd refused after which Coloman treacherously surprising his brother Almus contrary to agreement put out his and Bela his sonnes eyes and thrust them into a Monastery King Stephen the second sonne of Coloman refusing to marry a wife and following Harlots the Barons and Nobles grieving at the desolation of the Kingdome provided him a wife of a Noble family and caused him to marry her After which making a war to aid Duk-Bezinâ— without his Nobles consent in which Bezen was slaine the Nobles of Hungary assembling themselves together in Councell sayd Why and wherefore dye we if we shall claime the Dukedome which of us will the King make Duke therefore let it be decreed that none of us will assault the Castle and solâ—t us tell the King Because he both all this without the Councell of his Nobles They did so and added further that if he would assault the Castle he should doe it alone but wâ— say they will returne unto Hungary and chuse another King Whereupon By the Command of the Princes the Heraulds proclaâ—med in the Tents That all the Hungarians should speedily returne into Hungary wherefore the King when he saw himselfe justly deserted of his subjects ayde returned into Hungary Stephen the third comming to the Crowne did nothing without the Authoritie and advise of the Senate Stephen the fourth sonne of Bela usurping the Crowne was soone after expelled the Kingdome Emericus being elected King was very likely to be depriued by the Nobles and people for his sloathfulnesse but that he appeased them with good words and promises King Andrew going to Ierusalem his Queene Elizabeth in the meane time delivered the Wife of Banchâ—u a Nobleman being very beautifull to her brother who doated on her to be abused which Bauchan hearing of sâ—ew the Queene the King upon his returne examining this businesse acquitted Bauchan and judged her murther just being for so lewd a fact Ladislaus the fourth giving himselfe to all effaeminacy luxury and Harlots became odious to his Barons Nobles People for which he was excommunicated by Firmanus the Popes Legat that he might live Christianly and Chastly but he reforming not was soone after in the yeere 1290. slaine by the Cumans and his Kingdome infested with civill warres Mary the daughter of K. Lewes being received as Queene by the Hungarians for her fathers merits after his decease being yet young was married to Sigismond who was admitted into partnership in the government of the Realme and being governed by her mother and Nicholas de Gara who perswaded them to carry a strict hand over the Nobles of the Realme which they did thereupon the Nobles seeing themselves despised sent for Chaâ—rles King of Naples into Hungary
Predecessors Kings Princes or Lords of the Kingdome of Poland and of the great Dukedome of Lithuania especially by Casimâ—r Lewis the great called Loys Vladislaus the first called Iagiello and his brother Withold great Duke of Lithuania Vladislaus the 2. Casimyrth 3. Iohn Albert Alexander Sigismâ—nd the first and 2. Augustus and Henry Kings of Poland and great Dukes of Lathuania or derived and granted from them together with the Lawes enacted and established or offered by all the States during the Interregnum and the pacts and agreements of my Orators made with the States in my name That I will defend and maintaine peace and tranquility between those who differ about Religion neither by any meanes either by Our Iurisdiction or by any authority oâ— Our Officers or states permit any to be troubled or oppressed neither will we our Selfe injure or oppresse any by reason of Religion All things any way whatsoever unlawfully alienated or distracted either by warâ—e or any other meanes from the Kingdome of Poland the great Dukedome and their dominions I will re-unite to the propriety of the said Kingdome of Poland and great Dutchy of Lithuania I wilâ— not diminish the lands of the Kingdome and great Dukedome but defend and enlarge them I will administer justice to all the inhabitants of our Kingdome and execute the publike Laws constituted in all my Dominions without all delaies and prorogations having no respect of any persons whatsoever And if I shall violate my Oath in any thing which God forbid the Inhabitants of my Realme and of all my Dominions of what Nation soever shall not bee bound to yeeld me any Obedience Yea I doe Ipso facto free them from all Faith and Obedience which then owe unto me as King I will demand no absolution from this my Oath of any one neither will I receive any which shall be voluntarily offered So helpe me God To this notable Oath an unanswerable evidence of the States of Polands absolute Soveraignty over their Kings this King within 4. dayes after his Coronation added a confirmation of their Priviledges containing the same heads enlarged with a few more words which he confirmed with his solemne deed and Royall Seal and delivered the same to the Chancellor and Vice-chancellor of the Realme to give out Coppies of them under the great Seale to all the States of the Realm who meeting s afterwards in a Parliaments at Wansauia Anno. 1562 there was much debate about setling of the Premises and nothing concluded Anno 1587 the States of Poland questioned and opposed K. Stephen for violating their Priviledges and those of Riga tooke up armes in defence of them refusing after his death to repaire to the Assembly of the States at Warsauia Anno 1587. vnlesse their Priviledges might be preserved and rectified as you may read at large in Chytrâ—us King Stephen dying the Estates of Poland and Lithuaâ—ia assembled at Warsauia Anno 1587. where they made Lawes for preserving the Peace during the Inter regnum and enacted that no new King should be elected but by the unanimous consent and agreeing Suffrages of all the Estates and that he who shall nourish factions or receive gifts or rewards or use any other practises about the election of a new King should bee reputed an Enemy of his Country After which they proceeding to an Election there were divers competitors named and after many debates One part chose Maximilian Duke of Austria the other Sigismund the King of Swethland his Sonne both of them uppon expresse articles and conditions which they both sealed and swore unto the chiefe whereof were these To preserve all their Rights Lawes Priviledges and Immunities publike or private inviolably To keepe all former Leagues and Truces To bestow no Offices upon strangers nor harbour any about them except some few Private servants but natives onely and to be counselled and advised by them alone To maintain a Navy Garrisons and build divers Castles in the Frontiers at their Owne costs for the Kingdomes preservation To redresse all grievances maintaine the Priviledges Rights and Peace of those who differed in Religion To procure and augment the weale peace Priviledges and safety of the Realme and perform all Articles mentioned in the Oathes of King Henry and Stephen In fine this competition comming to bee determined by the sword Maximillian was taken prisoner by Sigismund and forced to release his right to obtain his liberty And a Decree passed in Parliament That no man hereafter should in the Election of the King of Poland presume to name or recommend any of the house of Austria to the Crown and if any did he should be ipso facto infamous Which decree the Emp. Rodolph desired might be abolished as being a disparagement to that family yet prevailed not After which this King managed all things concerning Warre Peace and the Government of the Realm by advice of his Parliament as Chytraeus at large relates and his Successors to this present have done the like taking the Crown upon such conditions and making such conditionall Oathes at their Coronations as Steven did at his Denmarke For the Kings of Denmarke I have formerly proved That they can make no War Peace Lawes nor lay any impositions on their subjects but by common consent of the Estates in Parliament their Kings being elective by the people and crowned Kings upon such conditions Oaths Articles as their States in whom the Soveraign power resides shall prescribe unto them who as Bodin clearly determines have a lawfull power to question censure and depose them for their Tyrannie and misgovernment they having no greater Authority then the Kings of Bohemia or Poland To run over the Histories of all their ill Kings would be overtedious for which you may peruse Saxogrammaticus others I shall give you a brief how some of their later kings have been handled by their subjects for their Tyranny and misgovernment Not to mention the murthers of Canutus in Iutland in the very Church or of Magnus or Nicholas slain by their subjects King Humblus was deprived of his Crown and king Harold deposed by his subjects for his insolency Suano waxing proud Tyrannous and oppressive to his people became so odious to them that his Nobles adjoyned Canutus and Waldemar to him in the royall government and divided the kingdom between them who thereupon being much displeased slew Canutus and wounded Waldemar being impatient of any Peers in government for which being soon after vaquished by Waldemar hee was beheaded by the people Able slaying and beheading his brother king Ericus and usurping his Crown the people rose up in arms against him took him prisoner and the Peasants in Frisia slew him King Christopher spoâ—ling Waldemar of his Dukedorn of Schleswick thereupon the Earles of Holsatia rose up in armâ—â— against him took him prisoner and detained him so at Hamburgh till he paid a great ransome for his libertie King Ericus was slain by his own servants Anno 1286. king Waldemar was
not intailed our Subjection nor the inheritance of this our Realme to David and his seed for ever but are still free to elect what King we please to thy Tents O Israel Now see to thine House David so Israel departed to their Tentâ— But as for the children of Israel which dwelt in the Cities of Iudah Rehoboam reigned over them the Tribes of Iudah and Beniamin CHOOSING HIM THEIR KING BY THEIR COMMON SVFFRAGES writes Iosephus Then King Rehoboam sent Adoram who was over the Tribute to excuse saith Iosephus the petulancy of his young tongue and to appease the mindes of the enraged vulgar And all Israel stoned him with stones that he dyed therefore King Rehoboam imagining truly that himselfe was stoned in his servant and fearing lest the once conceived hatred should be poured out on his own head tremblingly getting up into his chariot as hastily as he could made speed to flee to Ierusalem Sâ— Israel fell away from the house of David unto this day And it came to passe when ALL ISRAEL heard that Ieroboam was come again that they sent and called him unto the Congregation AND MADE HIM KING OVER ALL ISRAEL c. it being so preordained by God 1 King 12. 26. to 41. Loe here the whole Congregation or Parliament of Israel if I may so stile it had full and free power to reject Rehoboam from the Crown for refusing to subscribe to their conditions to elect Ieroboam for their lawfull King and erect a new Kingdome of their owne divided ever after from that of Iudah which action I shall prove anon to be lawfull warranted by Gods owne divine authority and no sinne nor rebellion at all in the People who never admitted Rehoboam for or submitted to him as their lawfull Soveraigne So Iehu having slain King Ioram Ahabs eldest sonne sent a Letter to Samaria where his other 70 sonnes were brought up to the Rulers and Elders there wishing them to lookout THE BEST AND MEETEST of their Masters sonnes and set him on his Fathers throne and fight for their Masters bouse But they being exceedingly afraid said two Kings â—ould not stand before him how then shall we stand and sent word to Iehu We are thy servants and will doe all that thou shalt bid us WE WILL NOT MAKE ANY KING A clear evidence that the kingdom was then elective and that they had power to choose the meetest man not eldest brother for their king After this Zimri slaying Baasha king of usrael and usurping the Crown the people then encamped about Gibbethon hearing of it that Zimri had conspired and also slain the King Wherefore ALL ISRAEL MADE OMRI Captain of the Host king over Israel that day in the Campe who burat Zimri in his Palace then were the People divided into two parts halfe of the People followed Tibni to make him king and halfe followed Omri But the people that followed Omri prevailed against the people that followed Tibni so Tibni dyed and Omri Reigned being made king onely by the peoples free election without any divine designation So Ioash the sonne of Ahaziah when Athaliah had usurped the Crowne and kingdome of Iudah neer seven years space was MADE KING anointed and crowned by Iehoiadah the High Priest the Captaines of hundreds and ALL THE PEOPLE OF THE LAND who rejoyced at it when he was but 7. yeeres old and Athaliah was apprehended deposed and murthered by them as an Vsurpresse So Amaziah King of Iudah being slain by a Conspiracie at Lachish ALL THE PEOPLE OF IVDAH tooke Vzziah who was but 16. yeers old and MADE HIM KING instead of his Father Vzziah king of Iudah being smitten with Leprosie unto the day of his death dwelt in a severall house Iotham his son in the mean time by common consent was over this house judging the people of the Land Ammon king of Iudah being slain by his own servants the people of the Land slew all them that had conspired against Ammon And THE PEOPLE OF THE LAND MADE Iosiah his sonne King in his stead And after Iosiah his death the PEOPLE OF THE LAND took Iehoahaz the sonne of Iosiah and MADE HIM KING in his Fathers stead in Ierusalem From all which sacred Texts and Presidents as likewise from Hosea 8. 4. THEY HAVE SET VP KINGS But not by mee THEY HAVE MADE PRINCES and I knew it not it is most apparant that the kings of Israel and Iudah were usually elected by and derived their Royall authority from the people who made them kings and received not their kingdomes and Crowns immediatly from God himself by a divine right which may be further conmed by the 1. Macab 9. 28. 29. 30. After the death of Iudas Maccabeus all Iudas his friends came unto Ionathan his brother and said unto him since thy brother Iudas dyed we have none like to him to goe forth against our enemies Now therefore WEE HAVE CHOSEN THEE this day TO BE OVR PRINCE and Captain in his stead that thou maist fight our battells Vpon this Ionathan took the Government on him at that time After Ionathans death the People said unto Simon his brother with a lowd voyce 1 Mac. 13. 8. 9. Thou shalt be our Leader instead of Iudas and Ionathan thy brother fight thou our battels and whatsoever thou commandest us wee will doe And the Iewes and Priests were well pleased that Simon should be their Governour Captain and High Priest and Simon accepted thereof 1 Mac. 14. 41. to 49. Hence Carolus Sigonius de Repub. Hebraeorum l. 7. c. 3. writes That the kings of the Israelites were created by the Suffrages of the People that the Kingdome of Israel was translated to divers Families for their idolaâ—ry that although the kingdome of Iudah were in some sort hereditary yet it was confirmed by the Suffrages of the People which he proves by the example of Rehoboam and others and that they obtained the Royall dignity not onely by inheritance but likewise by the Suffrages of the People as every one may clearly know who shall but consider the Histories of their kings Which plainly refutes the wild impudent false assertion of the Author of An Appeale to thy Conscience newly published p. 13. where thus he writes Observable it is that thorowout the whole Scriptures we read not of Any King I doubt hee never read the Scriptures else he could not be so grossely mistaken THAT WAS CHOSEN BY THE VOYCE OF THE PEOPLE Nor of an Aristocracy that is where the Nobles govern nor of a Democracy that is where the people govern And therefore let them consider how they can answer it at the last day who shall endeavour to change an hereditary kingdome into an elective or any other forme of Government whatsoever that the people doe properly and absolutely make a king is false c. But had this illiterate ignoramus seriously perused the precedent or subsequent Texts here cited with the best Commentators on them or read over advisedly Iosh. 22. Iudges 17. 6. c.
Priests sometimes in the Kings and Princes They doe too foolishly who here dance in a narrow compasse and suppose that the honour of this name appertaines not but to Kings For what people soever useth its owne Republike and its Lawes Is recte Glorâ—ari de Imperio deque sceptro potest it may rightly boast of Its Empire and Scepter It is recorded that at Ierusalem even at that time when not the Princes but the Elders governed the people in the midst of the great Councell which they called the Sanhedrin there hung a Scepter which thing verily was a certain Ensign of its Majesty which Marcus Tullius in a particular Oration saith Esse magnitudinem quandam Populi in ejus potestate ac jure retinendo quae vertitur in imperio atque omnis populi dignitate Not Kings not Princes but Consuls and the Senate managed the Roman Common-wealth whence this Law of Truce was given to the Aetolians which Livy reports That they should conserve The Majesty of the People of Rome without mal-engin And the very same thing was commanded all free People who by any league but not 〈◊〉 would come into the frindship of the Romanes as Proculus the Lawyer witnesseth in l. 7. F. de Captiu Post. reversis Neither think we it materiall to our purpose of what Nation or Tribe they were who moderated and ruled the Iewish affaires for although the Hasmonaean Lâ—vites held their Kingdome for many yeeres yet the Republike was of the Iewish people That most wise Master Seneca said to Nero Caesar That the Republike was not the Princes or of the Prince But the Prince the Republikes Neither verily was the opinion of Vlpian the Lawyer otherwise for he at last saith that That is Treason which is committed against the Roman People or against their safety l. 1. s. 1. F. ad Legem Iul. Majâ—st Now Vlpian lived in those times when the people had neither command nor suffrages left them but the Emperours held the Empire and Principality and yet he who is wont most accurately to define all things saith That Majesty is of the People From all which it is apparant that not onely in the Roman Empire and other Kingdomes but even among the Iewes themselves the Majesty and Soveraign Power and Scepter resided not in the Kings but in the whole State and People Hence Will. Schickardus in his Ius Regium Hebraeorum Argent 1625. p. 7. determinesthus The state of the Iewish Kingdome was not Monarchicall as our Court Doctors falsely dream but mixt with an Aristocracie for the King without the assent of the Sanhedrin Could determine nothing in great causes They constituted not a King but in it c. attributing the Soveraignest power to the Congregation and Sanhedrin who had power to create elect and in some cases to resist and depose their Kings Hence Huldericus Zuinglius writes expresly That the Kings of the Iewes and others when they dealt perfidiously contrary to the Law of God and the rule of Christ might be lawfully deposed by the People This the example of Saul manifestly teacheth whom God rejected notwithstanding he had first elected him King Yea whiles wicked Princes and Kings were not removed all the people were punished of God as is evident by Ier. 15. 1. to 6. where they were punished with four judgements and plagues for Manassehs sinnes In summe if the Iewes had not permitted their King to be so wicked without punishment they had not beene so grievously punished by God By what means he is to be removed from his Office is easily to conjecture thou maist not slay him nor raise any war or tumult to do it but the thing is to be attempted by other means because God hath called us in peace 1 Cor. 7. If the King be created by common suffrages he may again be deprived by common Votes unlesse they will be punished with him but if he be chosen by the election and consent of a few Princes the people may signifie to them the flagitious life of the King and may tell them that it is by no means to be endured that so they may remove him who have inaugurated him Here now is the difficulty for those that do this the Tyrant will proceed against them according to his lust and slay whom he pleaseth but it is a glorious thing to die for justice and the truth of God and it is better to die for the defence of justice then afterwards to be slain with the wicked by assenting to injustice or by dissembling Those who cannot endure this let them indure a lustfull and insolent Tyrant expecting extream punishment together with him yet the hand of the Lord is stretched out still and threatneth a stroke But when with the consent and suffrage of the whole or certainly of the better part of the multitude a Tyrant is removed Deo â—it auspice it is done by God approbation If the Children of Israel had thus deposed Manasseh they had not been so grievously punished with him So Zuinglius Hence Stephanus Iunius Brutus in his Vindiciae contra Tyrannos in answer to Machiavels Princeps a most accursed mischievous Treatise and justification of the Protestants defensive wars in France to preserve their Religion and Liberties Anno 1589. determines positively That as all the people are Superiour to the King so are those Officers of State and Parliaments who represent them Superiour to Kings collectively considered though every of them apart be inferiour to them In the Kingdom of Israel which by the judgement of all Polititians was best instituted by God there was this order The King had not onely private Officers who looked to his family but the Kingdom likwise had 71 Elders and Captains elected out of all the Tribes who had the care of the Commonweale both in time of peace and war and likewise their Magistrates in every Town who defended their severall Cities as the others did the whole kingdom These when ever they were to deliberate of greatest affairs assembled together neither could any thing be determined without their advice which much concerned the commonwealth Therefore David called these all together when he desired to in vâ—st Solomon in the Kingdom when he desired the policy restored by him should be examined and approved when the Ark was to be reduced c. And because they represented all the people all the people are then said to have assembled together Finally the same rescued Ionathan condemned to death by Sauls sentence from whence it appears that an appeale lay from the King to the people But from the time the Kingdome was divided through the pride of Rehoboam the Synedrin of Ierusalem consisting of 71 men seems to be of that authoritie that they might judge the King in their assembly as well as the King judge them when they were apart The Captain of the House of Iudah was President over this assembly that is some chief man chosen out of the Tribe of Iudah as even the chief
Senate he held the Empire onely by force and power Wherefore Caesar although he invaded the Empire by force yet that he might cosen the people at least with some pâ—etext of Law would seem to have received the Empire from the Senate and people But Augustus although he was adopted by Caesar yet he never bare himselfe as heire of the Empire by divise but rather received it as from the Senate and people as did also Caligula Tiberius Claudius whereas Nero who first invaded the Empire by force and wickednesse without any colour of Law was condemned by the Senate Since then no man could be born an absolute King no man can be a King by himselfe no man can reigne without the people Whereas on the contrary the people may both be and are by themselvs and are in time before a King it most certainly appears that all Kings were first constituted by the people Now albeit that from the time that Sons or Nephews imitated the vertues of their parents they seem to have made kingdomes as it were hereditary to themselves in certain Countries where the free power of Election may seem in some sort to have ceased yet that custome hath continued in all well constituted kingdomes that the children of the deceased kings should not succeed untill they were as de nâ—no newly constituted by the people nor should not be acknowledged as heirâ—s to their Fathers but should onely then at length be reputed kings when they had as it were received investiture of the Realme from those who represent the Majesty of the people by a Scepter and Diadem In Christian kingdomes which at this day are said to be conferd by succession there are extant most evident footsteps of this thing For the kings of France Spain England and others are wont to be inaugurated and as it were put into possession of the Realm by the States Senators Nobles and great men of the Realm who represent the universality of the people in the same manner as the Emperours of Germany are by the Electors and the kings of Poland by the Vayuods or Palatines where the intire right is onely by election neither is royall Honour yeelded to them in the Cities of the kingdomes before they have been duly inaugurated Neither also heretofore did they compute the time of the reigne but from the day of the inauguration which computation was accurately observed in France And that we may not be deceived by reason of any continued stories of succession even in those very kingdoms the States of the Realme have oft times preferred a kinsman before a sonne the second sonne before the eldest as in France Lewis the brother before Robert Earl of Dreux also Henry the second brother before Robert Capet the Nephew with others elsewhere Yea and the same kingdome by Authority of the People hath been translated from one Nation and Family to another whiles there were lawfull heires extant from the Merouingi to the Carlingi from the Carlingi to the Capets which hath been likewise done in other Realms as it sufficiently appears out of the truest Histories And that we may not recede from the kingdome of France which hath ever been reputed the pattern of the rest in which I say succession seemes to have obtained greatest strength We read that Pharamond was elected Anno 419. Pipen An. 751. Pipens sonnes Charles the great and Charlemain 768. not having respect of the Father Charlemain being at last taken away 771. the Brothers part did not immediatly accrue to Charls the Great as is usually done in inheritances but by the determination of the people and publike Councell and by them Ludovicus pius was elected An. 812 although he were the sonne of Charles the great Yea in the very Testament oâ— Charles which is extant in Nauclerus he Intreats the People by the Common Councell of the Realm to elect one of his nephews whoÌ„ they pleased as for hi Vncles he bids theÌ„ rest satisfied with the Decréc of the people Whence Charles the bald Nephew by Lewis the godly and Iudith professeth himselfe An elected King in Aimoinius the Historiographer In summe all kings whatsoever from the beginning were Elective and those who at this day strive to come to the kingdome by succession must of necessity be First ordained by the people Finally albeit the people by reason of certain egregious merits hath in certain Realmes used to chuse kings out of the same stock yet they chuse the stock it self nor the branch neither do they so chuse it but if it degenerates They may elect another But even those who are neerest of that stock are not so much born as made kings are not so much accounted kings as the Attendants of kings which Franciscus Hotomanus in his Franco-Gallia cap. 6. 7. 10. prosecutes more at large and manifests by sundry pertinent Presidents and Authorities Secondly that it is apparant by all the premised Histories That in all Empires Monarchies the whole Empire State Kingdome with the Parliaments Senates States Diets publike Officers and generall Assemblies which represent them are the Supreamest Soveraign power superiour to the Emperours Kings and Princes themselves who are subordinate Ministers and servants to them elected created by them for their common good and not absolute Soveraign Lords or Proprietors to rule domineer over them at their pleasure Which conclusion you shall find abundantly ratified and proâ—essedly maintained by Marius Salamonius de Principatu in six severall Books by Iohn Mariana de Rege Regis Instit. t. 1 c. 8. Stephanus Iunius Brutus his Vindicia contra Tyrannos throughout especially p. 91. to 110. the Treatise De Iure Magistratus in Subditos throughout Iustus Eccardus de Lege Regia Henricus Ranzâ—vius Commentarii Bellici lib. 1. c. 3. and elsewhere Georgius Obrechtus an eminent Civill Lawyer Disputationes Iuridicae de Principiis Belli sect 115. to 200. where he thus resolves The inferiour Magistrates as in Germany the Electors Princes Earles Imperiall Cities in France the Peers of France in Poland the Vayuodes or Palatines and in other Kingdomes the Nobles Senators and Delegates of the Estates as they are severally inferiour to the Emperour or King Ita Universâ— Superiores existunt so collectively They are superiour to them as a Generall Councell is above the Pope the Chapter above the Bishop the Vniversity above the Chancellor The Prince saith Pliny the second even the greatest is obliged to the Commonwealth by an Oath as its servant ac ipsa Republica seu Regno Minor est and is lesse then the Republike or Kingdome it selfe by Franciscus Hotomanus a learned French Lawyer in his Franco-Gallia c. 6 7. 10 11. 14 15 16 18 20. Aquinas de Regimine Principum c. 6. by Hemingius Arnisaeus De Auctoritate Principum in populum c. and De Iure Majestatis Sebastianus Foxius De Regni Regisque Institutione Vasquius Controvers Illustrium passim Cavarnuius Contr. Illustr T. 2. 505. n. I. 399. n. 6.
illis conterimur tandem cum illis luimus Non ergo desunt viae per quas tyranni tollantur sed deest publica justitia Cavete vobis O Tyranni Evangelium enim Iesu Christi late sparsum vitam multorum innovabit ut innocentiae justitiae plurimi studeant cui si vos studueritis summo honore vos prosequantur sin furere vim facere perrexeritis omnium pedibus conculâ—abimini So he The last is the generall Union of the States of the united Provinces to defend their Liberties and Religion made at Brussels the tenth of Ianuary 1577. thus related by Grimston in his History of the Netherlands l. 10. p. 492. 493. The States seeing themselves ingaged in warre on all sides against the Spaniards who were proclaimed enemies to the Countrey fearing some dis-union amongst themselves by the inticing perswasions of such as sought to dismember them they resolved before that Don Iohn should enter into the Countrey to make a generall union among themselves as well Prelates Noblemen and Townes as of others of the seventeene Provinces which was allowed by the Lords of the Councell of State deputed by the King for the government generall of the said Countries whereof the Originall remaines in the custody of the States of Brabant Of which Union the Tenor followeth A generall Vnion of the States VVE who have signed these presents Prelates Church-men Noblemen Gentlemen Magistrates of the King Townes Castles and others making and representing the States of the seventeene Provinces being presently assembled in this Towne of Brussels and others being under the obedience of the most high mighty and famous Prince King Philip our Soveraigne Lord and naturall Prince we give all men to understand both present and to come That seeing our common Countrey afflicted by a more then barbarous and tyrannous oppression of Spaniards we have beene forced and moved to unite our selves together and with Armes Counsell Men and Money to assist one another against the said Spaniards and their adherents being declared Rebels to his Majesty and our enemies And that this union and conjunction hath beene since confirmed by the Pacification last made and all by the authority and consent of the Councell of State committed by his Majesty for the generall government of the said Countries And as the pretended end of this Union requires all fidelity constancie and naturall assistance for ever and that we would not by any misprision have cause of jealousie or mistrust and much lesse of any bad affection or disposition of any of us but contrariwise to have the affaires of the said Union effected with all the sincerity fidelity and diligence that may be so as not any of the subjects and inhabitants of the said Countries and Province may have any just cause to be discontented or to doubt of us For these considerations and reasons and that nothing may be treacherously done to the prejudice of our common Countrey and just defence or that omitted by negligence which shall be necessary for our just and lawfull defence We have by vertue of our power and commission respectively and otherwise for us and our successors promised and doe promise by the faith of Christians of honest men and true Countrey-men to keepe and entertaine inviolably for ever the said Union and Association so as not any one of us may breake or fall from it by dissimulation secret intelligence or in any sort whatsoever And that for the preservation of our holy Catholike and Romish Faith and the accomplishment of the Pacification as also for the expulsion of Spaniards and their adherents with all due obedience to his Majesty for the good and quiet of our Countrey and the maintenance of our Priviledges rights Freedomes Statutes Customes and antient uses For the effecting whereof we will use all meanes possible imploying both Money Men Counsell and goods yea and our lives if it were necessary And that none of us may in private give any counsell advice or consent nor have any secret conference with them that are not of this Union nor yet reveale unto them in any sort what hath or shall be treated of in this Assembly oâ— resolved but shall wholly conforme himselfe according to our generall and common resolution And in case that any Province Estate Countrey Towne Castle or House were besieged assaulted invaded or opprest in any sort whatsoever yea if any of us or any others having indeavoured himselfe for his Countrey and the just defence thereof against the Spaniards or for other causes depending thereon as well in generall as particular should be sought after imprisoned ransomed molested or disquieted in his person and goods honour and estate or otherwise we promise to give him assistance by all the said meanes yea and to procure the liberty of them that shall be imprisoned either by force or otherwayes upon paine to be degraded of their Nobility Name Armes and Honour and to be held perjured disloyall and enemies to our Countrey before God and men and to incurre the note of Infamy and cowardise for ever And for the strengthening of this our holy Union of Association we have signed these presents the tenth of Ianuary 1577. Underneath were the signatures of the Deputies of every Province Prelates Noblemen and Commissioners for Townes and underneath them was written the agreation of the Councell of State as followeth The Deputies of the generall Estates here under-written having required them of the Councell of State committed by his Majesty for the government of the Netherlands to consent unto and allow of that which is contained in the Union above written The Councell in regard of the said request and the reasons therein contained have as much as in them lay allowed and doe allow by these presents the said Union according to the forme and tenor Made at Brussels in the State-house in the Assembly of the said States the tenth of Ianuary 1577. And underneath was written By the commandement of the Lords of the Councell of State Signed Berrii If any shall here object that Kings are of divine institution whence Dei gratia By the grace of God is peculiarly annexed to their Titles and not communicated unto Subjects Therefore though they prove never so flagitious or tyrannicall they may in no wise be forcibly resisted or questioned by their Nobles and Parliaments for their crimes I answer briefely because I have elswhere largely dissipated this objection First that Kings are no more of divine institution then any other inferiour Magistrates Officers or Princes what soever as the Scriptures abundantly evidence But all other inferiour Magistrates Officers and Princes whatsoever are resistible questionable censurable and deposible for their tyranny wickednesse and misgovernment by the Parliaments censure as I have proved notwithstanding their divine institution therefore such degenerating Kings too as well as they in such cases Secondly all Ministers of the Gospel are as much if not farre more Iure divino and by Gods owne ordination
Hist. l. 6. Dionys. Hal. l. 2. c. 2. Bodiâ—s Commonweale l. 1. c. 10. l. 5. See the Appendix m Poliâ— l. 3. c. 11. n De Rege Regis Instit. l. 1. c. 8 9. * Bodin Commonweale l. 5. c. 5. * Arragonensium Rerum Commentar p. 588 589. 723. * Ibid. p. 724. * Foris in castris summum Imperium summam rerum bellicarum administ ratienem obtinet c. * Nicholaus Isthuanfus de Rebus Vngar Hist. l. 6. f. 84 85. Bodins Commonweale l. 1. c. 10. p. 167. Livy Rom. Hist. l. 31. 35. Bodin Commonweale l. 3. c. 1. * Bodin Ibid. * Bodins l. 1. c. 10. * Matthew Paris Hist. Angliae p. 835. o Dinothi Historia Sleidan l. 8. 18. 22 Grimston Imperiall History in Rodulph 2. and Ferdinand the second * Lambard Archaion f. 135 De Heretochiis * P. 232 348 349. * See Master Seldens Titles of Honour p. 605. * Bodins Commonweale l. 3. c. 1. p. 273. * Grimstones Imperiall Hist. p. 171. * Bodin Com. l. 3. c. 1. p. 273. * Cookes instit on Lit. f. 110. Cambdens Brit. p. 177 Holinsheds Description of England c. 8. p. 113. and Annals of Ireland p. 120. to 130. Brooke Crompton Cowel Minshew Tit. Parlem Sir Thomas Smiths Commonwealth l. 2. c. 1. 2. Object Answ. p 14 H. 8. f. 3. b. * See Littleton Sect. 297. 314. 323. Cookes Instit. Ibidem Object * See all his Majesties late Proclamations Protestations and printed Declarations of this nature Answ. * Seneca de Clementia l. â— c. 2. See the Remonstrance of the Lords and Commons Novem 2. 1642. * Anno 1641 1642. * Lord Faulkland L. Seymor L. Digbey L. Savil Sir Io. Culpepper Sir Edward Deering Mr. Holborne Mr. Hide c. * See the Parliaments Remonstrance Nov. 2. 1642. * Quid potest ab co quisquam sperare quem malum esse docuit Non diu paret nequitia nec quantum jubetur peccat Sen. de Clem. l. 2. c. 26. * See Br. Parl. 7. Dyer 60. a. Cromptons Iurisdictâ—f 16. a. * See 3 Car. c. 6 7. * Artic. super Chartas c. 12 See Cookes Institutes on it Agricolae apud Indos sacri afurto praeda alieni Diâ—dorus sic Bib. Hist. l. 2. n. 40. * Fitz. Corone 192. 194. 58. 276. 261. 21 H. 7. 39. 24. H 8. c. 5. Stamford f. 13 14. Cooke l 4. 91 92. See Matth. Paris Hist. p. 264 265 266. * See the Parliaments second Remonstrance concerning the Commission of Array * See this fully proved in the Parliaments second Declaration * Quae alia vita esset si Lâ—ones ursique regnarent Si serpentibus in nos ac noxissimo cuique animali daretur potestas Illa raâ—ionis experria a nobis immanita is câ—imine damna ta abstinent suis 〈◊〉 est etiam inter feras similitudo Apud Râ—manâ—s tantum neâ— a necessariis quidem abies temperat sibi Seneca de Clem. l. 2. c. 26. * Nulli Regi gloria est ex saeva animadversione At contra maxima si vim suam continet si multos irae alienae eripuit neminemsuae impendit Senecade Clementia l. 1. c. 17. * Ista frequens vindicta paucorum odium reprimit omnium irritat Regia crudelitas auget inimicorum numerum â—ollendo Seneca de Clementia l. 1. c. 8. * The Relation of the taking of Cicester and the Prisoners Relation * Quanto autem non nasci melius fuit quam numerari inter publico malo natos Seneca de Clementia l. 1. c. 18. * The Kings Letter on Saturday Apil 8. 1643 to the houses * De Clementia l. 1. c. 24. * See the Parliaments Declarations and Parliament-mens Speeches to this effect * 1 Kings 11. 1 to 12. * See the Parliaments Remonstrances Declarations to this effect * See Doctor Iones his book of Examinatons publishâ—d by Order of both Hoâ—ses Object Answ. * At the end of the Petition of Right * Concerning the breaking up of the Parliament and before the 39. Articles of Religion Object Answ. * Mat. Paâ—â—s Hist. p. 243. to 256 Daniel p. 143. 144. 〈◊〉 * Mat. Par. Hist. Angl. p. 240. 421. 430. Dan. Hist. p. 157 158 * Mat Par An 125â— 1838 839 The Stat. at large Dan. Hist p 169. Speed p. 28 Mat Weston Holinshed Fab. Graf An. 1253. * Daniel pâ— 169. * Math. Paris p. 839. * Psal. 146. 3 Psal 62. 9. * Math Paris p. 825 826. speed p 627. 628. Daniel p. 167. 168. * Mathew Paris p 826. 827. Daniel p 168. * See Constit. Concil de Reding cap. de sentent excom public in Iohn de Aton â— 131. * Daniels History p. 260. * 5 E. 3 c 9. 15. 15. E. 3. Stat. 1. c. 2. 3. 25. E. 3. Stat. 5. c. 4. 28. E. 3. c. 3. 37. E. 3. c. 8. 38. E. 3. c. 9. 42. E. 3. c. 3. * The Revocation of this Statute made 15 Ed. 3. in the Statutes aâ— large * Hist. Argâ—â— p. 371. * Seneca De Clementia l. 1. * See the Remonstrance of the Lord and Commons May 26. 1642 and Novem. 2. 1642. * See Plutar Numa Pem Pilius Livie l. 2. Bodin Com. Weale l. 3. c. 1. * Prov. 11. 14. c 15. 22. c. 24. 6. * Eccles 4. 9. to 13. * See 7. H. 4. c. 2. 26 H. 8. c. 22. 28. H. 8. c. 7. 35. H. 8. c. 1. 1 Eliz. 2. cap. 1. Cooke 8. Report The Princes Case * Novem. 2. 1642 and May 26. 1642. * De Clementia l. 1. c. 29. Object 3. a See his Majesties Answer to the Parliaments 19. Propositions Iune 2. 1642. with other Declarations and Treatises on his part b Page 17 18 19. c De laudibuâ— Legum Angliae c. 13 14. Answ. 1. d Livy Hist. l. 1 2 3. Dionys. Hal Antiq. Rom. l. 2. 3. Polybius Hist. l. 6. Bodin Common-wealth l. 1. c. 10. e Arist. Polit. I. 2 3 5. Xenophon de Lacedaem Republica Diodoruâ— sic Bib. Hist. l. 2 3. f Cookes Inst. on Magna Charta f. 174 175 558 559 566. g Cooke Ibid. 284. 3. c. 6. No. Nat Br. 163 164. Register part 1. f. 177 178. Stamford 1. c. 51. f 49. Brooke Corporations Kitchin f. 47 48. See Seldens Titles of Honour p. 746 747 694. to 71â— h See Antiquit. Eccle. Brit. Goodwins Cat. of Bishops and Antiquities Eadmerus Hist. Novell p. 34. 36 50 71. 97 109 111 112 131 132 Malms de Gestis Pontif. i 25 E 3. Par. 6. 9 H. 4 c. 8 13 R. 2. Stat 2 c. 2. k Stamford Ibid. Modus tenendi Parliamentum Cambdens Brit. p 176 177. Sir Tho. Smiths Common-wealth l 2 c. 1. 2. Helinshed and Veel Description of England c. 8. f. 173. Chron. of Ireland f 127 128. Minsh Dict Tit. Parli Cookes Instit. on Lit f. 109 114 9. Report Epist. Dedicatorie k 15 E 3. c 3 4 5 Stamford Iuris of Courts f. 1. to 10 Rastal Parl. and
the Statutes there cited * See M r Seldens Titles of Honour par 2. c. 5. Sect. 20 to 26. l Mr. Saint Iohns Speech against Ship-money p. 33 Speed p 762 763. Halls Chron. f. 10 11 12. Fabian part 7 p. 173. to 179. m 39 H. 6. c. 1. Hals Chron. 39. H. 6. f. 1â—2 Grafton p. 647. n 15 E. 3. Stat. 3 4 5. o See the Prefaces of most ancient Statutes in Ed. 1. 2. 3. 4. Rich. 2 H 4 5 6. 7. reignes Cramptoâ—s juris of Courts f. 1. to 7. The Writ of Election 15 E. 3. c. 3 4 5. p See Mr. St. Iohns speech concerning Ship-money 1640. * Chapter of Estates upon Condition Sect. 378 379. and Cookes Instit. f. 378 379. q See Exilium Hugonis le Dispenser Old Magna Charta part 2. f. 50 51. Cooke l. 7. Calvins case f. 11. r See Hoveden Mat. Par. Mat. West Fabian Polyc. Graf Speed Holinshed and Nabrigensis in the lite of R. the 1. and Goodwin in this Bishops life s Wals Holin Speed Graft in Ed. 1. and Cookes Instit. on Littleton f. 133. a. e See Exilium Hugonis De spenser Wals. Fabian Holin Graft Speed in the life of E. 2. f M. St. lohns Speech against Ship-money p 22 23. g â— R. 2. c. 1. to 107. Wil. Fab. Graf Holin Speed iâ— 11 R. 2. h 1 H 8. c 15. Holl. Speed Grafton Sâ—ow Martin in H 8. Ed. 6 i Antiq. Ecclesiae Brit pag. 275 28â— 282. Walsing Hist. pa. 181. Ypodigm Neust. p. 132. Caxton part 7. 46 E 3. Graâ— p. 317. k Antiq. Eccles. Brit. pag. 21. * R 2. c. 12. Graft p. 35â— 353. Walsing Ypodig Neuâ—t p. 146 147. l Common-wealth li. 1. ca. 10. p. 167 168. m De lauâ—legum Angliae l. 9 13 14. n Bodin Com. wealth lâ— 1 ea â—0 Livy Hist. l â— 2 â— 4 7 Dionys Hol. l 3. 3 Polib hist. l. 6. See the Appendix o Arist. Polit. l 2. c. 10. l. 3. c 7. p Hieronym Blanca Aâ—agoneâ—sium rerum Comment p 588 589 590 716 to 724. 747 to 762. * Bodin Com. wealth l. 3. c. 1. p. 25â— q Munst. cos l. 3. c. 22 23 c. r Bodin Com. weal. l 1. c 10. Nâ—chol I st huanfâ—â—â— de rebus Vngar Hist. l. 6. p. 84 85. Anno 15 17. * Bodin li. 1. c. 10. and the generâ—ll History of Venice * See Munster Pontanus Olaus Magnus 〈◊〉 others t Bodin l. â— c. 10 Caâ—siodor l 1. Epist. u Matâ— Wâ—st An. 1295. p. 399 Walsing Hist. Angl p 28. Ypodâ—gma p. 79. * Bod. l 1. c. 10. l. 2. c. 5 Cassanaeus Caâ—al gloriae mundi â—onsid 24. y Math Paris p 8â—5 z Bodin l. 1. c 10. a Fabian â—â—rt 7 p. 182. to 1â—0 b Bodin l. â— c. 10. c Walsin hist. p 235 236. Fabian part 7 p 317. d Math. Paris Hist. An 1214 1215. p 243. to 28â— Math. Westm. Walsing Ypodig Polychron Fabian Caxton Grafton Stow Hollinshed Polydor. Virg. An. 141 â— Daniel p 143 144. Speed p. â—78 to 567. e Francis Thin his Catalogue of Protectors Holinshed vol. 3. col 1073. f Hist. Angl. p. 305. Godw. Catalogue of Bishops p. 386. Math Westm. An. 1222. pa. 1â—3 g Math. Paris p. 456. Franc. Thin his Catalogue of Chancellors in Holinshed volum 3. c. fol. 1275. Math. West An 1238. pag. 149. h Math. West An 1248. pag 229. 233. Math. Paris An 1248. pag 719 720 725. Math. Paris Hist. An. 1230. p. 415. Daniel Hist p. 157. Edit â—6 4. * Math Paris Hâ—st p. 4â—o 421 Daniel p. 157. x Math Paris an 1â—â—4 p 61â— to 623. Danie's Hist. p. 161 162 h Mat. West An. 1248. p. 229 233. Mat Paris An. 1248 p. 71â— 720 725. See p. 420 421 Daniel p. 164. * Daniel teÌ„ders it thus They all generally complaine for that the chiefe Iusticiar ChaÌ„cellour and Treasurer WERE NOT MADE BY THE COMMON COVNCELL OE THE KINGDOME according AS THEY VVERE IN THE TIME OF HIS MAGNIFICENT PREDECESSORS and AS IT WAS FIT and EXPEDIENT * These ill Councellours forgot that there is a great vast difference between private Meniall servants of the King and publike Officers of the Kingdome so that their ArgumeÌ„t is but a fallacy * But the whole Parliament and Kingdome which they represented were not inferiour but above the King himselfe who was but the Kingdomes Officer and publike servant and so this reason made more against then for the King * Mat. Paris Hist. p. 740. Dan p. 165. * Dan. p. 171 172. l Mat Paris p. 940 941 942 9â—0 Mat West an 1258 to 1262. p. 277 278 300 307. to 312. Fabian part 7 p. 64 to 73. Graf p. 137. to 145. Speed p. 635 636. c. Holin Dan Stow and others * See Francis Thin his Catalogue of Chancellors of England Holinshed vol. 3. Col 1276 Daniels History p. 139 195. c Exilium Hugonis De le Spenser Magna Charta part 2. f. 50. Speed p 764 675 680. See Walsing Faâ— Holinshed in Ed â— f Speed p. 680. * Note this And the like Lavv vvas enacted in 1. H. 4. Fabians part 7 p. 376. g See the Preamble of this Statute accordingly in the Statutes at large h See the revocâ—tion the Statute the same yeare by Proclamation in the Statutes at large * Walsin Hist. Ang p. 185 186â— 187. Fabian part 7. p. 260. Graft p 320 321. Speed p. 72â— Hol. Ypodig-Nâ—ust p. 1340. 135. o Walsing Hist. Angl an 1277. p. â—87 Fran. Thin his Catalogue of Protectoues Holiâ—sh vol. 3. Col 1076 1077 Walsin Ypodigma Neust. p 1â—4 135 â— 6 Dan Hist p. 257 258 259. p Walsin Hist. Ang an 1. R 2. p 198 199. Speed p. 728. q Waâ—sing Hist Angl p 196 197. r Walsin Hist. Aâ—gl p. 143. Fran. Thin his Cat. of Protectors Holinsh. vol. 3. Col. 1077. s Walsing Hist. Angl. p. 243. Fra. Thin his Catal. of Chauncellours Holinsh. vol. 3. Col. 1282. t Wal. Hist. 〈◊〉 300. Holinsh. vol. 3. Col. 1282. u Hist. 737. * Note this x Hist. Ang. p. 311. 312. Speed 737. y Walsi Hist. Epi. 348. 349. 351 352. 353. z Walsigham Hist p. 354. * Hist. Aâ—gl p. 372. a 10 R. 2 c. 1. 11. R. 2. c. 1. 2. 3. 21. R. 2. c. 12. 1 Hâ—c 2. 3. 4. â—ee Wal. Fab. Holinsh. Graft Speed Trussell in 10. 11. R. 2. b 10 R. 2. c. 1. d See Walsin Fab. Speed Graft Holin Stow Iohn Trussâ—â— S r R. Baker in 10. 11. 12. 13. of R. 2. * Institutes on â—it f. 234. t See 1 E 3. c. 7. 8. 34. E 3. c. 1. 38. E. 3. Stat. 2 c. 4. 4. H. 4 c. 18. 2. H. 5. stat 2. c. 1. 8. R 2. c. 3. * 3 R. 2. Rot. Paâ—l num 11. * Rot. Parl. 13. R. 2. num 9 num 21. Mr. Seldons Titles of Honour p. 503. 504. Walsing Hist. Angl. 13. R. 2. * Notâ— h 11. Hen. 4â— Rot Parl Nu. 39. i Ibid.
in your Nostrils and God forbid but that I and all other true Members of our State and Church should cordially concurre with you in this Heroicall Covenant which the desperate Confederacies of our Romish Adversaries long prosecuted among us and now almost promoted to perfection have necessarily engaged Your Honors and the whole Kingdom to enter into for their Preservation Now the God of Peace and Lord of Hoasts be ever mightily present with and in Your Honourable Assembly to counsell direct protect prosper all your sincere endevours to promote his Gospell Truth Honour the publike welfare liberty tranquillity security of our endangered lacerated Church and Realmes Till the Lord shall looke mercifully upon Zion the City of our solemnities and till our eyes shall see our English Jerusalem a quiet habitation a tabernacle that shall not be taken downe not one of the stakes whereof shall ever be removed neither shall any of the cords thereof be broken notwithstanding all the mighty oppositions against it And till you shall have built up the old waste places raised up the Foundations of many generations yea erected the very Top-stone of an exact universall Ecclesiasticall and civill Reformation in Church and State with shoutings crying Grace grace unto it That so all future Generations may really blesse and call you The Repairers of our manifold breaches the Restorers of Pathes to dwel lin Which is and shall be the dayly prayer of Your Honours most affectionately devoted Servant to live and die with You in the Common Cause of God Religion and our Native Country WILLIAM PRYNNE THE TREACHERY and DISLOYALTY OF PAPISTS TO THEIR SOVERAIGNES IN DOCTRINE AND PRACTISE Together with The first part of the SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Traiterous Antimonarchicall Doctrines Practises and Attempts of Papists upon the Persons Crownes Prerogatives of their Soveraignes with the dangerous designes effects and consequences of their present illegall Arming and accesse to the Kings Person Court Army by meanes of evill Counsellours are briefely discovered related The Iurisdiction Power Priviledges claimed exercised by our Popish Parliaments Prelates Lords and Commons in former ages exactly paralleld with those now claimed by the Lords and Commons in this present Parliament which are manifested to be farre more loyall dutifull moderate more consistent with lesse invasive on and destructive to the pretended Soveraigne Power and Prerogative of the King then those of former ages And the high Court of Parliament proved by pregnant Reasons and Authorities To be the most Soveraigne Power of all other in this Kingdome in severall respects And superiour to the King himselfe who is not above but subject to the Lawes Together with a punctuall Answer to the chiefe Calumnies and grandest Objections of Royallists Papists Malignants Delinquents against the Parliaments Power and Proceedings with other Particulars worthy Observation The Second Edition Enlarged By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Isai 24. 16 17. Woe unto me the treacherous dealers have dealt treacherously yea the Treacherous dealers have dealt very treacherously Feare and the pit and a snare are upon thee O Inhabitant of the Earth Psalme 120. 5 6. My soule hath long dwelt with them that are enemies unto peace I labour for peace but when I speake unto them thereof they make them ready to Battle It is this second day of May 1643. Ordered by the Committee of the House of Commons in Parliament for Printing that this Booke Intituled The Treachery and Disloyalty of Papists to their Soveraignes c. with the Additions be re-printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. To the Reader Courteous Reader THE importunity of some Members of Parliament hath induced me to enlarge the first Part of this Discourse with sundry pertinent Additions and to Re-print it in a greater Character then before yet distinct from the following part for the ease the benefit both of Stationer and Buyer When I first entred upon this necessary publike Theame my Primitive Intention was to have Collected the chiefe Heads Reasons Authorities of this and the ensuing Members into one compendious Summulary and so to publish them all together in an intire Briefe But afterwards considering the extraordinary weight and consequence of that Grand common Cause both of Parliament and Kingdome which I was to plead the Novelty and Rarity of the Subject matter the extraordinary Prejudice of the ignorant long-deluded world against it the Potency Policy Multitude of learned Advocates as well Divines as Lawyers of the opposite Royall and Malignant party the insufficiency and unsatisfactorinesse of all late Printed Pleas for the Parliaments Interest through defect of punctuall Precedents and Authorities to backe their rationall Discourses and that a Summary slight debate of these important publicke differences would give but small satisfaction to the Adversary and rather prejudice than advance the Parliaments Kingdomes Native Rights and Priviledges I did thereupon enlarge my Meditations my Collections so farre forth as straites of Time with other avocating Imployments would permit seconding all my Arguments fortifying all my Reasons with such Domesticke Foraine Precedents and Authorities of all sorts as well Divine as Humane Politicall Historicall as Legall as through Gods concurrence with and blessing on my impotent endevours may effectually convince the obstinate wils abundantly satisfie the most seduced prejudicated Judgement finally resolve the most scrupulous Consciences and eternally silence the ignorant the most malicious Tongues and Pennes of all Royallists c. Anti-parliamentary Malignants who are not wilfully wedded to their long-espoused Errors or more enamored with sordid Court flattery for private selfe-ends then fairest though hated ungainfull verity which aimes at nothing but the Publicke good For my part I seriously protest before the great Judge of Heaven and Earth that I have herein wittingly maintained nothing at all but what my Judgement and Conscience both byassed with no sinister ends no private respects ayming at nought else but the Glory of God the settled weale and Tranquillity of our distracted bleeding dying Church and State the onely Motives engaging me in this Service informe me to be a well-grounded ancient pregnant though lately over-clouded undiscovered neglected much-oppugned Truth and albeit most particulars therein debated have for many yeares hitherto beene deposed that I say not stigmatized for seditious dangerous Antimonarchicall Paradoxes if not worse by the generall Torrent of Court-Parasites Lawyers Religion Nature Law Policy the various Precedents and Authorities of former ages and throughly digested without prejudice or partiality they will appeare yea shine forth as most necessary profitable loyall State-securing Peace-procuring verities yea as the very Nerves and sinewes to unite the Pillars to support the Bulwarkes to protect both Church and State against all invasions of heresie or tyranny and to keepe all the Potent Members of them within their Legall bounds Peruse it therefore with an upright heart a dis-ingaged Judgement an unbiassed affection and when
a seigned Proclamation which he caused to be proclaimed throughout the Realme that these Lords were apprehended only for new Treasons committed against him for which he would prosecute them in the next Parliament and not for the old trespasses After which he proclaimes those Lords Traytors Which done he summoned a Parliament at Westminster to this Parliament the King commanded to come all such as he had best confidence in omitting the rest and the Knights were not elected by the Commons as custome required they should be but by the Kings pleasure yea he put out divers persons elected and put in other in their places to serve his turne which was one Article objected against him when he was deposed Against the time of this Parliament the King received a guard of 4000. Archers all Cheshire men as if he would have gone in battle against enemies so that divers came armed to the Parliament out of feare These Cheshire men were rude and beastly people and so proud of the Kings favour that they accounted the King to be their fellow and set the Lords at nought though few of them were Gentlemen but taken from the Plough and other Trades After these rusticall people had a while Courted they grew so bold that they would not let neither within the Court nor without to beat and slay the Kings good Subject as the Cavaliers doe now and to take from them their victuals at their pleasure paying little or nothing for them and to ravish their wives and daughters And if any man presumed to complaine to the King of them he was soone rid out of the way no man knew why nor by whom so that in effect they did what they listed In this Parliament the King having made the Speaker and a great part of mercinary proud ambitious men of the Commons House to be of his side to act what he required them he then prevailed likewise with the Upper House first with the Prelates then with the Lords more out of feare of him then any reason by meanes whereof the Commission Charters of pardon and Acts made in Parliament in the 10. and 11. yeares of his Reigne were quite revoked and declared voyd in Law as being done without authority and against the will and liberty of the King and of his Crowne And withall they declared the Iudges opinions for which they were condemned in that Parliament to be good and lawfull and attainted the said imprisoned Lords of high Treason and confiscated their lands The two Earles hereupon were beheaded and the Duke by reason of his popularity sent over to Callice and there by Hall and others smotâ—ered onely for their former actions which done the King adjourned the Parliament to Shrewsbury where he subtilly procured an Act to passe by common consent that the power of the Parliament should remaine in seven or eight persons who after the Parliament dissolved should determine certaine petitions delivered that Parliament and not dispatched By colour whereof Those Committees proceeded to other things generally touching the Parliament and that by the Kings appointment in derogation of the state of the Parliament the discommodity and pernicious example of the whole Realme And by colour and authority hereof the King caused the Parliament Rols to be altered and defaced against the effect of the foresaid grant After which he much vexed and oppressed his people with divers forced Loanes Oathes Impositions and oppressing Projects to raise money seeking to trample them under his feet and destroy the Realme and tooke all the Jewels of the Crown with him into Ireland without the kingdomes consent Which rendered him so odious to his people that Henry Duke of Lancaster landing in England the whole kingdome came flocking to his ayde so that he had an Army of 60000. men in a short time who vowed to prosecute the Kings ill Counsellours Whereupon King Richard returning out of Ireland hearing of the Dukes great Army assembled against him and knowing that they would rather dye than yeeld out of their hatred and feare of him he dismissed his Courtiers hiding obsurely in corners till he was apprehended and by a Parliament summoned in his name though against his will judicially deposed for his misgovernment Among the Articles exhibited against him in Parliament for his evill government for which he was by sentence dethroned these are remarkable First That hee wastfully spent the Treasure of the Realme and had given the possessions of the Crowne to men unworthy by reason whereof daily new charges more and more were laid on the neckes of the poore Commonalty And when divers Lords were appointed by the high Court of Parliament to commune and treate of divers matters concerning the Common-wealth of the same which being busie about those Commissions he with other of his affinity went about to impeach them of high Treason and by force and threatning compelled the Iustices of the Realme at Shrewesbury to condescend to his opinion for the destruction of the said Lords In somuch that hee began to raise warre against John Duke of Lancaster Thomas Earle of Arundell Richard Earle of Warwicke and other Lords contrary to his honour and promise Item He assembled certaine Lancashire and Cheshire men to the intent to make warre on the foresaid Lords and suffered them to rob and pillage without correction or reproofe Item Although the King ftatteringly and with great dissimulation made Proclamation throughout the Realme that the Lords before named were not attached for any crime of Treason but onely for extortions and oppressions done in the Realme yet he laid to them in the Parliament rebellion and manifest Treason Item He hath compelled divers of the said Lords servants and friends by menace and extreame paines to make great fines to their utter undoing And notwithstanding his pardon to them granted yet he made them fine of new Item That he put out divers Sheriffes lawfully elected and put in their roomes divers of his owne Minions subverting the Law contrary to his Oath and Honour Item For to serve his purpose he would suffer the Sheriffes of the Shire to remaine above one yeare or two Item He borrowed great sums of money and bound him under his Letters Patents for repayment of the same and yet not one penny paid Item He taxed men at the Will of him and his unhappy Counsell and the same Treasure spent in folly not paying poore men for their victuall and viand Item He said That the Lawes of the Realme were in his head and sometime in his brest by reason of which phantasticall opinion he destroyed Noble men and impoverished the Commons Item The Parliament setling and exacting divers notable Statutes for the profit and advancement of the Commonwealth he by his private friends and solicitors caused to be enacted That no Act then enacted should be more prejudiâ—iall to him than it was to any of his Predecessors though with proviso he did often as he listed and not
Liberty Justice and the whole Realme would ensue If any therefore cavill at the Act for continuance of this Parliament till both Houses shall agree to adjourne or dissolve it or at the Bill for Trienniall Parliaments which when they meete shall not be dissolved without their consents for fifty dayes space next after their first meeting Let them now learne that this is no Innovation nor encroachment on the Crowne but an ancient Priviledge of Parliament both claimed practised and resolved in times of Popery in an higher degree then now it is And thus you see how in these particulars the Popish Parliament Prelates Lords and Commons in former times have claimed and exercised farre greater Priviledges and Jurisdictions than this or any other Protestant Parliament hath hitherto claimed or practised which I hope will forever silence the clamourous tongues of all ill Counsellours Courtiers Royalists Malignants Papists and Cavaliers against the present Parliament of whose highest yet moderate proceedings themselves alone have beene the occasions and therefore of all others have least cause to complaine against them BUT to returne againe to the first grand Objection Thirdly I answer that the High Court of Parliament and whole kingdome which it represents may in divers respects be truely and properly said to be the Highest Soveraigne power of all others and above the King himselfe which because it may seeme a dangerous paradox and tends much to the vindication both of the Priviledges Honour and Iurisdictions of our High Court of Parliament now so much undervalued because not really known to most and to the justification of the proceedings in this present Parliament which many out of ignorance and malice so much declaime against both by word and writing in a most licentious manner I shall take a little liberty to demonstrate the truth of it by such convincing reasons and Authorities as no rationall man I hope shall be able to contradict but must necessarily submit to First it is undeniable that the Court of Parliament hath a lawfull power to question all the Kings Patents Charters Commissions Proclamations Grants Warrants Writs and Commitments whatsoever whether they be Legall yea to cancell or repeale them in case they be illegall mischievous or onerous to the Subject not onely without but against the Kings consent and mandate to the contrary as appeares by infinite precedents in this and all foremer Parliaments the scourges of Monopolists Patentees and Projectors the Pests of the Commonwealth The like power have all other Courts of Justice within the kingdome in some degree when such Charters and Writs of the King are brought judicially before them because they are Courts of the Law to which the King and all his Actions are and must be subject Now that which can thus question cancell disanull revoke the Kings owne Royall Charters Writs Commissions Patents c. though ratified with the Great seale and regall power even against his will must certainely be a Soveraigne power and Authority which in point of Law and Justice is superiour to the King This is Bractons resolution l. 2. c. 16. f. 34. a and Fletaesl 1. c. 17. Where they affirme the Law and Parliament to be above the King because they may censure judge and rescinde the Kings Acts Charters legally and judicially even against his personall though not legall Will which is the Law Secondly It is unquestionably true that in all cases of difference betweene the King and all or any of his Subjects though they concerne the Kings Prerogative and the highest branches thereof the Parliament is the supreamest and most proper Judge and its resolution from which there is no appeale to any higher tribunall shall finally binde not onely all the Subjects but the King himselfe notwithstanding his owne personall disassent This is manifest by the many late resolutions given in Parliament against sundry Patents Commissions Writs Charters Impositions Loanes Shipmoney Forest-Bounds Marshall Law Pressing and Billetting Souldiers Imprisonment by speciall Command of the King or his Privy Counsell Tonnage and Poundage Knight-hood and Taxes the Commission of Array and the like which obliege both King and Subject the King in receiving justice in such cases being subject to the Law as well as the meanest of his Subjects as Bracton truely avers against all Royalists mistakes Now that which can thus finally conclude and binde the King himselfe even volens nolens in cases of highest concernment entrenching farthest upon his Prerogative Royall must doubtlesse be the most Soveraigne power Superiour to the Kings And in this sence every Court of Justice whose just resolutions and every petty Jury whose upright verdicts obliege the King because warranted by the Law which is Paramount the King as Bracton Fleta Fortescue King Iames Edward the Confessor yea and Aristotle resolve may be tâ—uely said to be above the Kings person which they binde but not above the Parliament which by its superlative power may examine all judgements and verdicts in other Courts by way of error or appeale and reverse them if there be cause when as the King in person cannot by law examine or reverse them but onely in his Courts of Justice by his Judges Thirdly Parliaments oft times doe and may as they see cause enlarge the Kings Prerogative and Royall power in sundry particulars in which the King had no such jurisdiction before these Acts witnesse the Statute de Praerogativa Regis The notable Parliament Roll of 1. H. 4. num 108. Where the Commons in Parliament grant the King that he shall be in as GREAT ROYALL LIBERTY as his Noble Progenitors were before him having formerly made the like Grant to King Richard the second who perverted it to the altering of the Lawes in many things as appeares by this Roll. 25 H. 8. c. 19 20 21. 26 H. 8. c. 1 3. 31 H. 8. c 9. 34 and 35 H. 8. c. 23. 27 H. 8. c. 15. 28 H. 8. c. 7. 17. 3 4 E. 6. c. 11 12. 1 Eliz. 1 2. with sundry other Acts. Now that Parliamentary power which onely can create and conferre on Kings a greater regall Authority and Prerogrative than they had before must needs be the Originall and supreame Authority for as we rightly argue That the Kings Authority is superiour to all other his greatest Officers and subordinate Ministers of Iustice because their power is by Patent or Commission derived from his So we may from the selfe-same reason conclude that the High Court of Parliaments power the representative Body of the whole kingdome is the most Primitive Soveraigne and greatest Authority of all other yea larger and higher than the Kings because it onely can enlarge the Kings Prerogative all whose originall or additionall Royalties proceeded not from the King himselfe or his Ancestors owne inherent hereditary power for what King could justly without his peoples consents usurpe a Crowne or lawfull Royall Prerogative to himselfe over an whole Countrey but
wils pleasures profit or benefit of Kings who by birth and nature differ not at all from the meanest of their Subjects but Kings were at first constituted and still continued for the protection welfare benefit service of their kingdomes Parliaments People whose publicke Servants Ministers Shepherds Fathers Stewards and Officers they are Now Nature Reason and Scriptures resolve that he who is instituted meerely for the benefit and service of another as all the Creatures were created for mans use and therefore are inferiour unto man in dignity and power is of lesse dignity power and jurisdiction than the intire body of those for whose good he was instituted as the servant is inferiour to his Master the Wife to her Husband for whom they were created the Mayor to the whole Corporation and the King to his whole Kingdome and Parliament which consideration hath caused sundry Kings and Emperours not onely to adventure their lives in bloody battles but to lay downe their Crownes for the peace and safety of their Subjects witnesse Otho the first and others with the Examples of Moses Exod. 32. 9. to 15 32. Numb 14. 11 to 15. of David 2 Sam. 29. 17. 1 Chron. 21. 17. and Iohn 10. 11. 15. with other precedents which I pretermit And the reason is apparent for if the King be slaine in defence of the kingdome or People yet the kingdome and people may remaine secure and another succeed him in that office of trust In which respect a Politique body differs from a Naturall that it hath life continuance and meanes to guide defend and Order it selfe though the King and head be cut off by death But if the Realme and People be destroyed though the King survive them as a Man yet he must necessarily perish in and with them as a King since he cannot possibly be a King without a kingdome and people for whose good and safety alone he was made a King Hence Aristotle Polit. l. 3. c. 4. and Marius Salamonius de Principatu l. 2. p. 50. define a Principality to be A just Government for the benefit of the people respecting onely the publique good and welfare not its owne private advantage Hence Plato de Repub. l. 1. thus describes the Office of a Prince towards the Common-wealth That as he is a Prince he neither mindes nor commands what is advantagious to himselfe but what is beneficiall to his Subjects and whatever he saith or doth he saith and doth it for the profit and honour of the Republicke which Cicero in his Offices hath more elegantly thus translated As the defence so the procuration of the Common-weale is to be managed to be benefit of those who are committed not of those to whom it is committed And de Finibus l. 3. A good and wise man not ignorant of his civill Office is more carefull of the utility of all than of any one or of his owne Neither is a Traytor to his Country to be more dispraised than a deserter of the common profit and safety for his owne profit and safety And the Emperour Iustinian used this golden sentence Quod communiter omnibus prodest hoc privatae nostrae utilitati praeferendum esse censemus nostrum esse proprium subjectorum commodum Imperialiter existimantes Imperialis benevolentiae hoc esse judicantes in omni tempore Subjectorum commodatam investigare quam eis mederi procuremus I shall conclude this with Salamonius his words Let the Prince be either from God or from men yet think not that the world was created by God and in it men that they should serve for the benefit of Princes for it is an absurdity above what can be spoken to opine that men were made for Princes since God hath made us free and equall But Princes were ordained ONELY FOR THEIR PEOPLES BENEFIT that so they might innocently preserve humane and civill societie with greater facility helping one the other with mutuall benefits Which he there largely proves by sundry Histories and Authorities That of Peter Matthew being a certaine verity All the Actions of a Prince must tend to the good and health of his people for whom he lives and more than for himselfe as the Sun doth not shine and give heat but for men and the elements The King then being made King onely for the Kingdomes Parliaments Peoples service must needs in this regard be inferiour to not Paramount them in absolute Soveraigne power though greater better than any particular Subjects Seventhly The Parliament as our Law-bookes and Writers resolve is the most high and absolute power the supreamest and most ancient Court of the Realme of England and hath the power of the whole Realme both Head and Body and among other Priviledges this is the highest that it is above the Law it selfe having power upon just grounds to alter the very common Law of England to abrogate and repeale old Lawes to enact new Lawes of all sorts to impose taxes upon the people Yea it hath power to declare the meaning of any doubtfull Lawes and to repeale all Patents Charters Grants and Iudgements whatsoever of the King or any other Courts of Iustice if they be erroneous or illegall not onely without but against the Kings personall consent so farre as finally to obliege both King and Subjects Now it is cleare on the contrary side that the King hath not the power of the whole Realme vested in his person that he and his Prerogative are not above but subordinate to the Lawes of the Realme that he cannot by his absolute regall power alter the Common Law of the Realme in any particular point whatsoever that he cannot repeale any old nor enact any new Law whatsoever nor impose the least taxe or common charge upon his people nor imprison their persons distraine their goods declare any Law or reverse any judgement in the meanest of his Courts without or against his peoples joynt consents in Parliament For Potest as sua Iuris est non injuriae Nihil aliud potest Rex in terris nisi ID SOLUM QUOD DE JURE POTEST Bracton l. 3. c. 9. f. 107. Therefore without any peradventure the Parliament in this regard is the most Soveraigne Authority and greater in jurisdiction than the King Iohn Bodin that great Lawyer and Politician resolves That the chiefe marke of an absolute and Soveraigne Prince is to give Lawes to all his Subjects in generall and to every of them in particular without consent of any other greater equall or lesse than himselfe For if a Prince he bound not to make any Lawes without the consent of a greater than himselfe he is then a very Subject if not without his equall he then hath a Companion as Bracton and others forecited say our English King hath namely his Earles and Lords thence stiled Comites if not without the consent of his inferiours whether it be of his Subjects or of the Senate or
of the People he is then no Soveraigne Whence it followes that the Kings of England who cannot make any Law to obliege either all or any of their Subjects nor impose any Taxes nor repeale any Common or Statute Law but in and by their Parliaments are no absolute Soveraigne Princes as some Royalists and Court Divines most falsly averre them to be but meere mixt Politique King inferiour to their Lawes and Parliaments the sole Law-makers Law-alterers though not against but with the Kings assent considered not abstractively as Kings but copulative as a branch and member of the Parliament And indeed to speake impartially though the Kings Royall assent be generally requisite to passe and retifie Lawes yet I humbly conceive that the originall prime Legislative power of making Lawes to binde the Subjects and their Posterity rests not in the Kings owne Royall person or Jurisdiction but in the Kingdome and Parliament which represents it For first admit the King should propound any Lawes to his people as Kings and Law-givers usually did at first yet these Lawes would not wayes obliege them unlesse they voluntarily consented and submitted to them in Parliament and the sole reason why our Acts of Parliament binde the Subjects in former times and at this day is not because the King willed them but because the people gave their generall consents unto them in Parliament as Sir Thomas Smith in his Common-wealth of England Holinshed the Prologues to most ancient Statutes the King by the advise and assent of the Lords Spirituall and Temporall and Commons and at the speciall request of the Commons in Parliament assembled and by THE AUTHORITY OF THE SAME PARLIAMENT doth grant and ordaine c. The Kings Coronation Oath Quas vulgus Elegerit and all our Law-bookes resolve and that upon this received Maxime of Law Quod omnes tangit ab omnibus debet approbari Hence Marius Salamonius defines a Law to be Expressa Civium Conventio and averres that Ligatur populus suis legibus quasi pactis conventis quae verae sunt Leges And he likewise proves at large That the Lawes to which Princes assent are more the Peoples Lawes than the Kings because Kings doe passe and grant them but as the publicke Ministers of the people and by their command and direction and they could neither assent to Lawes nor doe any other Act of Royalty unlesse the people had given them such authority with which Fortescue concurres c. 9. 13 14. The King in passing Bils doth but like the Minister in Marriage declare it to be a Law but it is the parties consents which makes the Marriage and the peoples onely that makes it a Law to binde them whence those in Scotland Ireland Man Garnsey and Iersie are not bound by our English Statutes nor Tenants in Ancient Demesne as hath beene oft times judged because they consented not to them Therefore the chiefe Legislative power is in the people and both Houses of Parliament not in the King as it was in the Roman State where the people had the Soveraigne Jurisdiction of making and confirming Lawes to binde them not their Kings Emperours or Senate as I shall hereafter manifest Secondly This appeares by the case of Customes of By-Lawes in Corporations and Manours which binde all the Corporation and Tenants if they be reasonable without the Kings or Lords consents by reason of their mutuall assents alone and as these private By-Lawes oblige all those who consent to them by reason of their ownefree assents onely so doe all publicke Acts of Parliaments obliege all Subjects onely because of their generall assents to them in their Knights Citizens and Burgesses elected by and representing their persons Thirdly all Bills or Acts of Parliament are usually made framed altered thrice read engrossed voted and fully agreed upon in both Houses without the Kings personall knowledge or privity for the most part before they come to have his Royall assent And when they are thus agreed on by both Houses the King cannot alter any one word or letter in them as the Houses may doe but must either absolutely asâ—ent to or consider further of them And if the King send any Bill he desires to have passe it must be thrice read and assented to in both Houses which have power to reject alter enlarge or limit it as they thinke meete else it can be no Act at all A cleare Demonstration that the chiefe power of enacting and making Lawes is onely in the people Commons and Peeres not the King who by his Writ doth purposely summon them to meete and enact Lawes as the chiefe Legislators Witnesse this notable clause in the Writ for the Election of Knights and Burgesses Ita quodiidem Milites plenam sufficientem Potestatem pro SE COMMUNITATE Comitatus praedicti dicti Cives Burgenses pro SE COMMUNITATE Civitatum Burgorum praedictorum divisim ab ipsis habeant AD FACIENDUM ET CONSENTIENDUM HIS quae tunc ibidem DE COMMUNI CONSILIO DICTI REGNI not Regis nostri contigerint ORDINARI super negotiis antedictis Ita quod PRO DEFECTU POTESTATIS HUJUSMODI c. dicta negotia INFECTA NON REMANEANT quovis modo answerable to which is that clause in Pope Elutherius his Epistle to our first Christian King Lucius about An. 185. Ex illis Dei gratia PER CONSILIUM REGNI VESTRI SUME LEGEM per illam Dei potentia vestrum reges Britania regnum Fourthly all publicke Acts are the whole Kingdomes Lawes not Kings alone made principally and solely for the Subjects benefit if good their prejudice if ill therefore the whole Kingdome represented in and by both Houses not the King knowing much better what is good or bad for themselves than the King alone it is just and reasonable that they and not the King should be the principall Law-makers to binde or burthen themselves with any new Lawes penalties or restraints This is the ground of that notable Rescript of the Emperour Theodosius to the Roman Senate which proves the Roman Emperours to have no right nor power to declare or make Lawes but by the Senates concurring assent and approbation Humanum esse probamus si quid de caetero in publica privatave causa emerser it necessarium quod formam generalem antiquis Legibus non insertum exposeat id AB OMNIBUS autem tam Proceribus nostri Palatii quam gloriosissimo caetu vestro Patros conscripti tractari si UNIVERSIS tam Iudicibus quam VOBIS placuerit tunc legata dictari sic ea denuo COLLECTIS OMNIBUS recenseri CUM OMNES CONSENSERINT tunc demum in sacro nostri numinis consistorio recitari ut UNIVERSORUM CONSENSUS nostrae Serenitatis authoritate firmetur Scitote igitur Patres conscripti NON ALITER IN POSTERUM LEGEM a nostra clementia PROMULGANDAM nisi supradicta forma fuerit observata Bene enim
Bishops during the vacation and the like and if he alien these Lands in fee to their prejudice the grant is voyd in Law and shall be repealed as hath beene frequently judged because he possesseth these lands not in his owne but others rights So the King hath his Crowne Lands revenues Forts Ships Ammunition Wards Escheates not in his owne but the Kingdomes right for its defence and benefit and though he cannot stand seised to private mans use yet he may and doth stand seised of the premises to his whole kingdomes use to whom he is but a publike servant not onely in Law but Divinity too 1 Sam. 8. 20. 2 Sam. 5. 12. Isa. 49. 23. Psal. 78. 72 73 74. Rom. 13. 4. 1 Pet. 2. 13. 14. 2 Chron. 9. 8. Secondly All the Ships Ammunition Armes the Parliament hath seised were purchased not with the Kings but Kingdomes monies for the defence and service of the Kingdome as the Subsidy Bils and Acts for Tunnage and Poundage the Kings owne Declaration and Writs for Shipmony attest If then the representative Body of the kingdome to prevent the arrivall of forraine Forces and that civill warre they then foresaw was like to ensue and hath experimentally since fallen out even bâ—yond their feares and overspread the whole kingdome to which it threatens ruine hath seised sequestred the kingdomes Ports Forts Navy Ammunition into trusty hands for the Kings and Kingdomes use to no other end but that they should not be imployed against the King and Parliament by his Majesties Malignant Counsellors and outragious plundering Cavaliers what indifferent sober man can justly tax them for it Queene Elizabeth and the State of England heretofore during the Warres with Spaine inhibited the Haunse townes and other foraine Merchants over whom she had no jurisdiction to transport any materials for Warre through the narrow Seas to Spaine though their usuall Merchandize to those parts and the Sea as they alleadged was free for feare they should be turned against our Kingdome and after notice given made them prise for any of her Subjects to seise on And it is the common policy this day and anciently of all States whatsoever to seise on all provisions of Warre that are passing by way of Merchandize onely towards their enemies though they have no right or propertie in them and to grant letters of Mart to seise them as we have usually done which they plead they may justly doe by the Law of Nature of Nations to prevent their owne destruction Much more then may the Houses of Parliament after the sodaine eruption of that horrid Popish rebellion in Ireland and the feares of a like intestine warre from the Malignant Popish Prelaticall party in England expecting Forces supplies of mony and ammunition from foraine parts seise upon Hull other Ports the Navy and Ammunition the Kingdomes proper goods provided onely for its defence in such times as these when his Majesty refused to put them into such hands as the kingdome and they might justly confide in and the contrary Malignant faction plotted to get possession of them to ruine Lawes Libâ—rties Religion Parliament Kingdome And what mischiefe thinke you would these have long since done to Parliament and Subjects had they first gotten them who have already wrought so much mischiefe without them by the Kings owne encouragement and command Doubtlesse the Parliament being the supreame power now specially met together and intrusted by the Subjects to provide for the kingdomes safety had forfeited not onely their discretion but trust and betrayed both themselves their priviledges the Subjects Liberties Religion Countrey Kingdome and not onely their friends but enemies would have taxed them of infidelity simplicity that I say not desperate folly had they not seised what they did in the season when they did it which though some at first imputed onely to their over-much jealousie yet time hath since sufficiently discovered that it was onely upon substantiall reasons of true Christian Policy Had the Cavaliers and Papists now in armes gotten first possession of them in all probability wee had lost our Liberties Lawes Religion Parliament long ere this and those very persons as wise men conceive were designed to take possession of them at first had they not beene prevented without resistance whom his Majesty now imployes to regaine them by open warres and violence It is knowne to all that his Majesty had no actuall personall possession of Hull nor any extraordinary officer for him there before Sir Iohn Hothâ—m seised it but onely the Maior of the Towne elected by the Townesmen not nominated by the King neither did Sir Iohn enter it by order from the Houses till the King had first commanded the Major and Townesmen whom he had constantly intrusted before to deliver Hull up to the Earle of Newcastle now Generall of the Popish Northerne Army The first breach then of trust and cause of jealousie proceeding from the King himselfe in a very unhappy season where the quarrell first began and who is most blame-worthy let all men judge If I commit my sword in trust to anothers custody for my owne defence and then feare or â—ee that hee or some others will murther me with my owne weapon it is neither injury nor disloyaltie in me for my owne preservation to seise my owne Sword till the danger be past it is madnesse or folly not to doe it there being many ancient and late examples for to warrant it I shall instance in some few By the Common Law of the Land whiles Abbies and Priories remained when we had any Warres with foraine Nations it was lawfull and usuall to seise all the Lands goods possessions of Abbots of Priors aliens of those Countries during the warres though they possessed them onely in right of their Houses lest they should contribute any ayd intelligence assistance to our enemies Yea it anciently hath beene and now is the common custome of our owne and other kingdomes as soone as any breaches and warres begin after Proclamation made to seise and confiscate all the Ships goods and estates of those countries and kingdomes with whom they begin warre as are found within their dominions for the present or shall arrive there afterwards left the enemies should be ayded by them in the Warres preventing Physicke being as lawfull as usefull in politique as naturall bodies which act is warranted by Magna Charta with sundry other Statutes quoted in the Margin And though these seisures were made by the King in his name onely yet it was by authority of Acts of Parliament as the publike Minister of the Realme for the kingdomes securitie and benefit rather then his owne But to come to more punctuall precedents warranted by the supreme Law of Salus Populi the onely reason of the former Anno Dom 12â—4 upon thâ— confirmation of the Great Charter and of the Forest by King Iohn it was agreed granted and enacted in that Parliamentary assembly
of the kingdome when it was Treason was not a bare Traytor against the Kings person or Crowne onely but against the King and his Realme too like those Traytors mentioned in the severall statutes of 11 R. 2. c. 4. and 21 R. 2. c. 2. 4. He shall be judged and have execution as a TRAITOR and ENEMY OF THE KING and TO THE REALME and in 28 H. 8. c. 7. HIGH TRAITORS TO THE REALME As the Gunpouder Traytors were to the Parliament and Realme in them being the representative Body of the Realme the Parliament then being the Realme representatively and authoritatively too and so the party against whom this Treason is principally to bee committed cannot bee a Traytor to it selfe by the words or intendment of any expired Act which made such a seisure or detainer Treason And therefore those Lawyers who pronounce this Parliaments seising and detaining of the Ports Forts Navy Armes or Ammunition of the Realme to keepe them out of worser hands for the Kings and kingdomes right use and safetie to be High Treason declare themselves Greater Malignants then Artists in their owne profession But some body say Malignants and Royalists must be trusted with the Militia Ports Navy Armes Ammunition and who so fit to be confided in as the King himself and those whom he shall appoint Especially since hee and his owne substitutes have formerly beene intrusted with them by the kingdome and wee have now so many deepe Protestations yea publike printed Asseverations and Promises from his Majestie to maintaine the Protestant Religion our Lawes Liberties Properties Parliaments with their just Priviledges and shall we not beleeve and trust his Majesty after so many royall assurances seconded with many Acts of grace for the publike safetie already passed by him in this Parliament especially the Acts against Shipmoney and all other unlawfull Taxes with the Bils for the continuance of this and calling of a Trienniall Parliament when this shall be determined Shall we yet be diffident of his Majesties sinceritie after so many Protestations Promises Imprecations so many Pledges of his gracious affection to his people and some publike acknowledgements of his former misgovernment and invasions on his Subjects Liberties If all these Warrants will not content the Parliament and perswade them to resigne up all the premises they have seised into his Majesties hand to purchase the kingdomes much desired necessary Peace and put a period to our destructive warre in which there is nought but certaine ruine what other security can his Majesty give or they expect To answer this plausible allegation I shall without prejudice to other mens judgements crave liberty to discharge my owne and others thoughts in this particular in which if I chance to erre out of overmuch zeale to my countries safety I shall upon the first discovery professe a recantation though for the present Maluerim veris offendere quam placere adulando I shall reduce the summe of the answer to these two heads First that as the state of things now stands it will be as many wise men conceive not onely inconvenient but dangerous to resigne up the Militia Forts Ports Navy Ammunition of the kingdome into his Majesties sole disposing power and those hands which himselfe alone shall appoint and confide in till things bee throughly reformed and setled both here and in Ireland and the Popish prevailing party in both kingdomes now strongly up in armes totally suppressed and secured Secondly That till this be effected it is more reasonable and safe both for King and kingdome that these should remaine in the Parliaments hands then in the Kings alone For the first there are these three general reasons commonly alledged by many understanding men equally affected to either party and by most who are cordially inclined to the Parliament why they deeme it not onely inconvenient but perillous to intrust the premises wholly with the King and those of his appointment as our condition now stands First a more then probable long-since resolved designe in his Majesties evill Counsellors to make him an absolute Soveraigne Monarch and his Subjects as meere vassals as those of France which designe hath beene carryed on with an high hand from the beginning of his Reigne till this present as the Parliament in sundry Declarations prove yea divers Lords and Members of both Houses though now with his Majesty in their Parliamentary Speeches have openly professed which they thus demonstrate First by his Majesties severall attempts against the Priviledges Power and very being of Parliaments manifested by the proceedings against Sir Iohn Eliot Mr. Hollice Mr. Strode Mr. Long and others after the Parliament in 3. Caroli and the Lord Say Mr. Crew with others after the last Parliament before this By his Majesties sad ominous breaking off in discontent all Parliaments in his Reigne unparalleld in any age or kingdome till this present which though perpetuated by a speciall Act as long as Both Houses please hath yet long since been attempted to be dissolved like the former by his Majesties accusation and personall comming into the Commons House with an extraordinary Guard of armed men attending him to demand five principall members of it to be delivered up to his hands as Traytors in an unpatterned manner By his wilfull departure from and refusall to returne unto the Parliament though oft petitioned and sollicited to returne which is so much the more observed and complained of because his Majesty if not his Royall Consort and the Prince too was constantly present in person every day this Parliament for sundry weekes together at the arraignment of the Earle of Strafford for high Treason in a private manner when by Law he ought not to be personally present in a publicke to countenance and encourage a capitall Oppressor and Trayterous Delinquent against all his three kingdomes contrary to both Houses approbation And yet now peremptorily denyeth to be present with or neare his Parliament to countenance and assist it for the preservation of his kingdomes against such Traytors Rebels conspirators who have contrived and attempted their utter desolation in pursuance of his foreplotted designes By his commanding divers Lords and Commons to desert the Houses and attend his Person without the Houses consent detaining them still when the Houses have sent for them and protecting those who refused to returne against the common justice of the Parliament by casting divers grosse aspersions on it and naming it A faction of Malignant ambitious spirits no Parliament at all c. By raising an Army of Delinquents Malignants Papists Forainers to conquer and suppresse the Parliament and deprive it of its Liberties By proclaiming divers active Members of it specially imployed by Both Houses for the defence of their severall Counties Traytors onely for executing the Houses commands without any Indictment Evidence Conviction against all Law Justice and the Priviledges of Parliament By commanding detaining the Lord Keeper of the Great Seale the Speaker
rates and wages Coat and Conduct money excessive high Fines in Starchamber High Commission and other Courts with sundry other Particulars complained off with open mouth in this and the preceding Parliament by most of the members of both Houses and divers now present with his Majesty who notwithstanding the many publike complaints against these oppressions the Acts this very Session passed against them and sundry duplicated deepe Asseverations to maintaine the Subjects Property Liberty and governe onely according to Law hath and still daily doth in a farre higher degree then ever through the ill advise of Malignant Counsellors proceed to afflict and ruine his people in this very particular of Property and Taxes by weekely or monethly assessements and contributions imposed on sundry Townes and Counties where his Forces now lie exceeding many mens racked incomes his seising of their Ammunition Armes Horses Carts Goods Provisions Houses Lands yea husbandmens Teemes and Horses of their Ploughes priviledged from distresses by Law by most Nations though enemies in times of warre from spoyle or plunder so as they cannot till their ground which must needs breed a famine and stripping many thousands of his people in Brainford Marleborough Cicester Bromingham other places utterly sacked and ruined by his Cavaliers of all their lively hoods and estates to their very naked skins and carrying away those poore Subjects in triumph like Enemies and Traytors who dare offer to defend their goods houses estates or make any the least resistance though the Lawes Common and Statute allow them in such cases not onely to resist but kill all those who shall assault their houses or persons to spoyle them of their goods or protect them or their Liberties Lives Properties against his Army of theevish murthering Cavaliers And which aggravates all the rest his Majesty hath sent out such a Commission of Array to bee executed in every County as pulls up libertie and propertie by the rootes which though both Houses by a speciall printed Declaration have proved to bee illegall contrary to the fundamentall Lawes of the Realme the Petition of Right and some expresse Acts passed this present Session yet his Majestie hath caused such an Answer to be published in his name to the first Declaration as good Law which frustrates all Acts whatsoever made in this or former Parliaments for the Subjects Libertie Propertie and layes downe such grounds which will not onely justifie but revive all former pressures and grievances whatsoever as warranted by Law All which considered together with the frequent endeavours formerly and of late to raise and keepe an Army on foote among us to enslave us and raise what taxes shall bee arbitrarily imposed without a Parliament on the Realme by force of Armes according to the late use of France begun by Strafford in Ireland and now set on foote in divers countries of England makes wise moderate men feare that if the Militia Forts and Navy be yeelded up unto the King before the Subjects Propertie and these violations of it in the highest degree so that none at this day can truely say that any thing hee enjoyes no not his Lands or Life are his owne bee better setled all propertie will bee for ever lost and Turkish Subjects as free as English in common probabilitie Thirdly the constant designe against the Libertie of the Subjects person the better to invade the property of his goods prosecuted all his Majesties time and more then ever since the Petition of Right and this Parliament The which is evidenced by infinite illegall commitments of men for not paying the Lone Knight-mony Ship-mony with sundry other unlawfull Taxes without baile or mainprise of sundry members of both Houses during this and after former Parliaments ended for things done in and triable onely by Parliament by the exorbitant censures in the Star-Chamber and High Commission and judging free men against Law to close imprisonments And that which now grieves the very Soules of all English Spirits who have any remainders of common humanity in them and would rend an heart of adamant not onely by the strict close hard imprisonments of divers persons at Yorke and elsewhere for executing the Militia refusing the Array or contribution Taxes but by the more then barbarous yea beastly crueltie of his Majesties Cavaliers in chayning together in Ropes sundry Prisoners taken at Brainford Marleborough and Cicester as the true printed Relations of these places sacking testifie like a company of Turkish Gally-slaves though some of them were Gentlemâ—n of worth and quality others Ministers others aged sickly and many who never bore armes in these present warres and leading them chained almost naked and barefoot through deepe filthy wayes in the cold winter season to Oxford in triumph to his Majesties great dishonour and his Subjects griefe denying them not onely meat and drinke but even water it selfe the commonest Element to quench their thirst and keeping off yea beating any such at Cicester and Oxford who offered to bring them any sustenance though but a drop of water to coole their tongues O more then Turkish Barbarousnesse that one man one Christian one English Subject even in or neare the presence of his Soveraigne should thus ill intreate another without any punishment or checke much more with approbation After which they have beene shut up in prisons and dungeons lying on the cold ground stones or boards without beds straw fire or any the least refreshment allowed onely a poore pittance of Adams Ale and scarce a penny bread a day to support their lives though their friends would provide it for them in which sad condition many of them are still detained close prisoners without bayle mainprise exchange redemption divers of them being dead of Famine and ill unaccustomed usage Others have beene murthered without mercy and their Carcasses left unburied for the fowles to prey on others maimed and left weltring in their blood without any reliefe others forced to live exiles from their habitations and all for this new point of High Treason that they stood upon their guard to defend the propertie of their persons goods houses possessions from the robbery and plunder of theeving Cavaliers borne onely for the publike mischiefe of the Reame who now live by the Countries spoyle and robbery and must not be resisted If this proceeding be the so oft protested preservation the vowed defence of the Subjects Liberties Properties Lives the preserving of them in perfect and intire peace and safetie according to his Majesties Coronation oath the governing of them according to the Law even whiles the Parliament sits and hath such Forces in the field the possession of the Ports Navy and other premises in their hands which if the King should die without heire devolve wholly into the kingdomes hands and possession not to his Executors as to the true proprietors of them a strong unanswerable argument they are not now the Kings but kingdomes in point of
Oath to preserve his Peoples Liberties and Lawes of the Land inviolable have beene no sufficient security to his Subjects hitherto agâ—inst all the fore-mentioned grievances and illegall pressures his verball Protestations and Promises are like to prove worse assurance If solemne Oathes be most apparently violated what trust can there be to unswore words Secondly our Kings in former times as I have plentifully proved and infinite examples more declare seldome or never kept either Oathes or Promises made to their Subjects but have broken oath after oath agreement upon agreement with all verball legall ties reputing them onely lawfull policies to over-reach their people and effect their owne designes with greater advantage to themselves and prejudice to their Subjects And shall we dreame of a new world onely in this dissembling age when King-craft is improved to the utmost Thirdly we had his Majesties solemne Protestation in the Word of a King in thâ— 3 d yeare of his Raigne backed with Two Printed Declaraâ—â—ons then to all his Loving Subjects to maintaine the Petâ—tion of Right their Lawes Liberties Properties Religion in purity and perfection without the lâ—ast violation or any connivance aâ— or back-â—â—iding to Popery And what good warrants or securities these since proved to the Subjects to prâ—seâ—ve them from severall inundations of oppressions Taxâ—s grievances Innovâ—â—â—ons and relapses to Popery which have flowed in upon them ever since as if these 〈◊〉 bâ—ene â—o bankes to keepe them out but sluces onely to let them in the faster the premises manifest and we aâ—l experimentally feele this day And are the new Promises and Protestations thinke you better then the old or those made this Parliament more obligatory to the King or his evill Councellors then those made the two last Parliaments infringed in an high degree even to the imprisoning the searching of Peeres of Commons Pockets and studies against the Priviledges of Parliament within few houres after they were published in Print Are not the Subjects dayly taxed imprisoned plundered murthered the Priviledges of Parliament dayly infringed many wayes Protestants dis-armed Papists armed forraigne forces introduced Irish Rebels privately countenanced the greatest acts of hostility and cruelty exercised whiles treaties of peace are pretended the best Iustices removed in all Counties ill affected persons set up in their places illegall Commissions of Array executed justified the best Protestant Ministers people most robbed pillaged murthered banished every where Sheriffes illegally made Subjects even at Oxford where the king resides more inhumanely handled under his Majesties view than Gally-slaves in Turkiâ— and scarce one Declaration or Promise observed so much as the very day they are published notwithstanding so many multiplications of them in Print that people may the better take notice how they are broken if they be observant And shall the Parliament then take these so notoriously oft violated never yet observed Protestations for our Kingdomes onely substantiall security to put all into his Majesties hands forthwith before they see some reall performances and change of Councells Certainely if they be so much over-seene they are like to be so farre from mending our present condition that they shall but make it worse yea and betray themselves with all that trust them both for the present and posteritie But we have very good Lawes assented to by his Majestie this Parliament for our security too True but are they not spiders Webbs and already undermined in action or intention Doe they secure us in any kinde for the present and will they doe it for the future will time thinke you make them binding to the King if they oblige him not as soon as made Did the Petition of Right 3â— Caroli a most inviolable security as most then dreamed secure the Subjects in the least degree against any publike wrong so long as for one moneths space Was it not turned into a kinde of wrong as soon as made and ever since Nay were there not only sundry actions don but Iudgments too in the very greatest Courts of Iustice given against it yea against the very letter and unquestionable meaning of Magna Charta and other fundamentall Laws by corrupted or over awed timorous Iudges yea are not most good Acts made this Session for the Subjects benefit and all the Subjects Liberties at one stroke quite hewen downe and undermined by a pretence of Law it selfe in his Majesties * Answer to both the Houses Declaration concerning the Commission of Array Quid verba aâ—diam factâ— cùnvâ—deam The meanest Latinâ— Scholler knowes that verba dare signifies properly to deceive and Subjects have beene oft deceived even with Acts of Parliament Now that all may see how invalid assurances Lawes are to secure the Subjects Liberties though ratified with never so many confirmations oathes sâ—ales I shall give you â— or 3. ancient presidents The first is that of King Iohn who Anno 1214. confirmed Magna Charta the Charter of the Forrest and other Liberties with his hand sâ—ale oath proclamations the Popes Bâ—ll solemne excommunications against the infringerâ— of it denounced by all the Bishops in his presence by appointing 25. Baâ—ons who by oath were to see and force him and all others to observe it by seising on â—is Castles Lands goods and by resigning the custodie of his 4. chiefe Castles to â—he dispose of 25. Lords whom all other Lords and Commons were bound to assist yet in lesse than on halfe yeares space these strongest obligations are all cancelled these Gordians cut in sunder with the sword of warre and the Suâ—jâ—cts reduced to greater Vassellage than ever as the premises evidence So King Henry the 3 d by oath sundry times successively ratified these Charters the Subjects Liberties in Parliament which they oft dearely purchased with great Subsidâ—es And An. 1237 this King to gain a Subsidie of his Subjects in a Parliament then assembled at London denyeâ— that he ever intended to revoke the great Charter and other Liberties or laboured with the Pope to dâ—e it with which the Barons truely charged him and that if any such thing had beene casually suggested to him he did utterly nâ—ll and revoke it and because he seemed not altogether free from the sentence of excommunication which Steâ—en the Arch-bishop with all the other Bishops of England had denounced against all the infringers of the great Charter which he through ill Councell had in part infringed he commanded them all in publike to renew the said sentence against all contradictors of the sayd Charter so that if he himselfe through any conceived rancor had not peradventure observed it he might more grievously relapse into the said denounced sentence By which meanes and speech he wonderfully reconciled to him the hearts of all that heard of these things and suddenly causeth the Earles Warren and Ferrers and Iohn Fitz-Ieffry by the Parliaments appointment to be sworne his Councellors giving them this Oath That by no meanes neither for rewards nor any other cause
two years space though his friends very oft petitioned for his liberty and Iohn a Gaunt Duke of Lancaster made Regent of the Realme because of the Kings irrecoverable infirmity summoning a Parliament the yeare following repealed the Statutes made in this good Parliament to the Subjects great discontent who were earnest suiters to the Duke for De la Mare his enlargement and legall tryall which being denied the Londoners upon this and other discontents tooke armes assaulted the Duke spoyled his house at the Savoy and hung up his armes reversed in signe of Treason in all the chiefe streets of London But in the first yeare of Richard the second in a Parliament at London Peter De la Mare and almost all the Knights which plaid their parts so well in the good Parliament for the increase of their Country and benefit of the Realme resuming their Petitions caused Alice Piers who contemning the Act of Parliament and the oaths wherewith she had bound her self presumed to enter the Kings Court to perswade and impetrate from him whatsoever she pleased to be banished and all her movables and immovables to be confiscated to the King notwithstanding she had corrupted with mony divers of the Lords and Lawyers of England to speak not only privately but publikely in her behalfe In the 1. yeare of Richard the 2 d William Courtney Bishop of London Edmond Mortymer Earle of March and many others of whom the Common-people had the best opinion being good wise and famous men were by publike consent appointed Councellours and Regents to the King being but young and this yeare Henry Piercie Earle of Northumberland resigning his Marshalls rod Iohn de Arundel was made Marshall in his place In the third yeare of Richard the second in a Parliament at London the Commons petitioned that one of the Barons who knew how to answer Forraigners wisely and might be mature in manners potent in workes tractable and discreete to be the kings protector Electus est Ergo COMMVNI SENTENTIA c. Hereupon Thomas Beauchamp Earle of Warwicke WAS ELECTED BY COMMON CONSENT IN PARLIAMENT Lord Protector that he migh conâ—inually abide with the King and receiâ—e an honorabâ—e anuall stipend out of the Kings Exchequer for his paines and those Bishops Earles Barons and Iudges assigned to be the Kings Counsell and Gardians the yeare before were upon the Commons petition this Parliament removed because they spent much of the Kings Treasure nullum aâ—t modicum fructum protulerunt In this Parliament Sir Richard Scrope resigned his Office of Lord Chauncellour and Simon de Sudbuâ—y Archbishop of Canterbury contrary to his degree and dignity as many then cryed out was substituted in his place In a Parliament at London in the fifth yeare of King Richard the second Sir Richard Scâ—ope was againe made Chauncellour PETENTIBVS HOC MAGNATIBVS ET COMMVNIBVS at the REQVEST OF THE LORDS AND COMMONS as being a man who for his eminent knowledge and inflexible justice had not his peere in England and Hugh Segrave Knight was then likewise made lord Treasurer Sed quid juvant 〈◊〉 Parliamentorum c. writes Walsiâ—gham of the Acts of this Parliament and Speed out of him But to what purpose are Acts of Parliament when after they are past they take no manner of effect for the king with his Privie Counsell was wont to change and abolish all things which by the Commons and Nobility had beene agreed upon in former Parliaments For the very next yeare the king deposed Scrope from his Chauncellourship and tooke the Seale into his owne hands â—â—aling divers Grants and Writings with it as he pleased and at last delivered the Sâ—ale to Richard Braybrooke which Walsinghaâ— thus relates Lord Richard Scrope Knight qui PER REGNI COMMVNIT ATEM ET ASSENSVM DOMINORVM ELECTVM IN REGNI CANCELLARIVM was in those dayes put from his Office of Chancellor which he had laudably and prudently administred The cause of his removall was his peremptory resistance of the Kings Will who desired to impoverish himselfe to exalt strangers For certaine Knights and Esquires of inferiour ranke being the kings servants begged of the king certaine lands and the demeasnes of such as dyed during such time as by the custome of the Kingdome they ought to remaine in the Kings hands The King being a child without delay granted their requests and sending them to the Chancellor commanded him to grant them such Charters under the great Sâ—ale as they desired But the Chauncellor who ardently desired the benefit of the Realme and the Kings profit plainely denyed their requests alleaging that King was much endebted and that he had neede retaine such casualties to himselfe to helpe discharge his debts That those who knew in what debts the king was obliged were not faithfull to the King whiles they minded more their owne avarice than the kings profit preferring their private gaine before the publicke necessities Wherefore they should desist from such requests and be content with the Kings former gifts which were sufficient for them And that they should know for certaine that he would neither make nor seale any such Charters of â—â—nfirmation to them of such donations of the king who was not yet of full age 〈◊〉 hee should hereaâ—â—â—r receive ill thankes from him Whereupon these Petitioners returning from the Chancellour inform the king that the Chauncellors minde was obstinate and that he would doe nothing at his Command but rather contemne his Royall mâ—ndate that the King ought with due severity speedily to curbe such an unbrideled disobedience or else it would quickly come to passe that the kings honour would grow contemptible among his Subjects and his command be of no value The King therefore who understood as a childe more regarding the false machinations of detractors then the faithfull allegations of his Chauncellour in a spirit of furie sends some to demand his seale of him and to bring it to himselfe And when the king had sent againe and againe by solemne messengers that he should send the seale to him the Chauncellour answered thus I am ready to resigne the Seale not to you but to him who gave it me to keepe neither shall there be a middle bearer betweene me and him but I will restore it to his hands who committed it to mine owne hands not to others And so going to the king Here delivered the seale promising that he would as he had hitherto be faithfull to the king yet denyed that he would hereafter be an Officer under him And then the king receiving the Seale did for many dayes what he listed untâ—ll Master Robert Braibrooke Bishop of London had undertaken the Office of Chancellour When not onely the Nobility of the kingdome but the Commonalty likewise heard that the king contrary to the Custome of the Kingdome had captiously deposed the Chauncellour whom All the Nobilitie of the Kingdome with the suffrage of all the Commons had chosen
reasons for it as satisfied both Howses witnes their answers to infinite Petitions yet extant among the Parliament records Therefore the King now is as much obliged thereto as they Seventhly If the King in point of law should have an absolute negative voice in denying his assent to publike Bills of meere right and justice then he should have power by law to deny justice and right and to doe wrong and iniustice to his people a prerogative which neither God himselfe nor any lawfull Monarch ever yet chalenged but renounced with greatest detestation I read in Plutarch that when a flatterer said to king Antigonus that all things were honest and iust to Kings he answered only indeed to Kings of Barbarians but to us honest things are to be accounted for honest only just things for just And that Acrotatus gave the like answer to his parents when they pressed him to do an uniust thing Quoâ—iam vult is me optima agâ—re optimuÌ„ auteâ—â— est cum privato tum multo etiaÌ„ magis Principiid quod est justum agam quâ—â—ultis quae viro dicitis detrectabo Yea our law expresly denies the king any such uniust prerogative by these unquestionable maximes the King neither can nor ought by law to do any wrong seeing he is Gods Vicar and the fountaine of Iustice. Et hocsolum Rex NON POTEST FACERE quod NON POTEST INIVSTE AGERE which our law-books make no defect of power but one of the highest branches of the Kings Prerogative for confirmation whereof I shal only cite one notable Record 7. H. 4. Rot. Parl. Num. 59. The Commons complained that by the favour of Ordinaries divers incumbents were outed of their benefices by superinstitutions upon presentations of the King contrary to the statute in that case provided and were denied a Scire faciâ—s without a speciall licence or command of the King first obtained to the great offence of God and against reason and law BECAVSE SVCH AN ACT CANNOT BE ANY PREROGATIVE AT AL IN OVR LORD THE KING WHICH IS DEROGATIVE TO THE EXECVTION OF RIGHT AND IVSTICE Wherefore they petitioned the King that he would be pleased to grant and command the Chancellor to deliver a writ of Scire facias to every of his Leiges who are outed of their benefices or possessions by the foresaid title of the King and that thenceforth the Chancellors shall be bound to deliver by authority of their Offices this Writ of Scire facias at the sute of the parties and further to doe right to the parties without suing to the King and without other warrant from him To which the King gives this answer The King wills that the said statute bee firmly held and kepe and farther willeth and granteth that if hee presents to any benefice which shall bee full of any Incumbext that the Presentee of the King shall not bee received by the Ordinary to such a benefice untill the King hath recovered his presentment by processe of Law in his owne Court and if any Presentee of the King bee otherwise received and the Incumbent outed without due Processe as aforesaid the said Incumbent may commence his sute within one yeare after the Induction of the Kings Presentee or later And further the King wills that no ratification granted for the Incumbent after that the King hath presented and taken his sute shall bee allowed pending the plea nor after the judgement given for the King but that such judgement shall bee fully executed as reason demands Lâ—e here the Commons and Parliament affirme and the King himselfe subscribes thereto That the King neither hath nor yet can have any Prerogative at all which is derogative or any impediment at all in the execution of Right and Justice and disclaime a negative voyce or power in him in granting a scire facias to particular Incumbents unduly outed of their Living by a pretended prerogative power against Reason and Law Therefore à fortiori the King by his prerogative neither hath nor can have any absolute Negative voice at all to hinder the passing of publike Bills presented to him by both Houses for the due execution of right and iustice and the weale peace or safety of the whole Kingdome That speech of King Zedâ—kiaâ— to his Princes though in a bad case is an undoubted verity here Behold he is in your hands FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOU and likewise of King David to his people 2 Sam. 18. 3. 4. WHAT SEEMETH TO YOU BEST I WILL DO In one word as it is no impotency in God but a part of his owne divine prerogative that he cannot possibly ly that he cannot deny himself that he is immutable and changeth not that he cannot do injustice And as it was the Apostles highest priviledge 2 â—or 13. 8. We can do nothing against the truth but for the truth So it is no note of impotency but of highest Soveraignty in our Kings that in all Bills of publike Right and Common Iustice they have no Negative voice or power at all to withstand or deny their passing for then they should have a prerogative to deny common Right and Iustice and so to doe publike injustice which God himselfe whose vicegerents they are is uncapable of and never derived to them I will close this reason with that memorable speech of that great heathen Emperour Iulius Caesar which he somtimes used at Rome in the Councell-house Touching all other affaires that are to be taken in hand for your sake I am both your Consul and your Dictator but as touching any wrong to be done to any man I am as a private man without office Eighthly Our Kings have ever claimed this as an absolute duty from their subjects in Parliament to grant them such speedy free and competent ayds subsidies customes for the necessary defence of themselves and the Kingdome and support of their royall estates as the urgency of their publike warres and affaires required and the subjects though they have sometimes denied subsidies to their Princes upon reasonable causes and excuses alleadged by them expressed in our Historians yet have always held it their BOUNDEN DUTY to grant such ayds in Parliament when and sometimes before they have been required and have really done it without refusall when they saw just cause to grant them as all the old and new Acts for the grant of Customes Subsidies Dismes Quindismes Tonnage and Poundage Polemoney with other such aides in all our Kings-Reignes abundantly evidence Therefore the King who is as much obliged by oath and duty to aid his subjects and provide for their common protection weale peace ease as they are to provide for His and the Kingdomes safety is by like reason as much obliged in duty not to deny them such publike Acts as they are not to deny him such publike aides Ninthly Kingdomes and Commonweales were existent before Kings for there must be
our God and the Lord doe what seemeth him good Esther 9. 1 2. 5 10. In the day that the enemies of the Iewes hoped to have power over them the Iewes gathered themselves together into their Cities throughout 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 Iewes smote 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 Iohn 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 YOVR 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 Philopaâ—ers 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 resâ—lendent 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 emâ—lation 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 Kingdome 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 Endeâ—vours 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 Theolâ—gically 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 Warrs 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 Iordan that they went all up armed before the Lord over Iordan
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 agâ—inst which the Parliament and subjects are now more necessitated and engaged to defend 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 Fâ—rum Suprarbiense and Iustitia 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 intrusted 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-weale Videant Consules caeteri Magistratus ne quid detrimenti câ—piat Respublica Let the Consulls and other Majestrates foresee 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 no lesse than 23. wounds And Hieronimus Blanca assures us that the Suprariense Forum Iustitia Aragoniae or States of Aragâ—n erected to withstand the tyrannie and encroachments of their kings may by the Laws of their Realme assemble together and RESIST THEIR KING WITH FORCE OF ARMES as oft as there shall bee neede to repulse his or his Officers violence against the Lawes For when they erected this Court they said It would be little worth to have good Lawes enacted and a middle Court of Iustice betweene the King and people appointed if it might not be lawfull to take up Armes for their Defence when it was needfull being agreeable to the very Law of nature and reason Because then it will not be sufficient to fight with Counsell For if this were not so and the State and Subjects in such cases might not lawfully take up armes all things had long ere this been in the power of Kings Therefore no doubt our Parliament and State as well as others may by
dispositio râ—rum a Domino sit collata potestas And using likewise these memorable Speeches in those blind daies against the Pope and his usurped Supremacy with liberty Vt quid ad noâ—se extendit Romanorum insatiata cupiditas Quid Episcopis Apostolicis Militiae nostrae Ecce successores Constantini non Petri non imitantur Petrum in meriâ—is vel operibus nec assimulandi sunt in Potestate Proh pudor marcidi ribaldi qui de armis vel liâ—eralitate minime norunt jam toti mundo propter excommunicationes suas volunt dominari ignobiles usurarij Simoniales O quantum dissimuâ—es Petro qui sibi Petri usurpant partem c. I conceive this Excommunication rather justifies then disproves the lawfulnesse of this their taking up of armes and the warre insuing it being but for their owne just defence when the King afterwards with fire sword and bloody barbarous Forraigne Forces wasted his Realme in a most inhumane tyrannicall maner Factus de Rege Tyâ—annus imo in bestialem prorumpens feritatem c. which necessitated the Barons for their own preservation and the Kingdoms devoted by this unnaturall Prince to Vassallage and utter desolation to elect Lewâ—s of France for their King Who together with the Peeres and Estates of France assembled at Lions concerning this Election resolved it to be just and lawfull and the Barons Defensive Warres against and rejection of King Iohn for his Tyranny and oppressions to be just and honourable since they did but flee to these extraordinary remedies and seeke for justice abroad when they were denied it by him that should give it them in as orâ—inary way at home chosing as King in place of a Tyrant as Matthew Paris with the generall History of France written by Iohn de Serres and Englished by Edward Grimston mâ—re largely manifest Secondly the Lawfulnesse and justnesse of the Bâ—rons Warres in Defence of Magna Chartâ— with other their Hereditary Rights and Liberties appeares most evidently by the resolution of all those Parliaments summoned by King Herry the 3d. Edward the 1 â— 2. 3. Richard the 2 d and other our succeeding Kings which have many times even by force of Armes or Menaces and sometimes by faire termes caused these Kings by new Acts of Parliament of ratifie Magna Charta the Chartâ—r of the Forest with other Fundamentall Liberties thus forcibly extorted from King Iâ—hn at first and constrained them to confirme hem with their Oathes and solâ—mne publicke Excommunications to be published by the Bishops in their Diocesse twice every yeare oft solemnly vowing and protesting both in and out of Parliament to defend these Lawes and Liberties with their estates armes lives blood which their ancâ—stâ—rs had purchased with their blood as I have manifested in the two first parts of this Discourse All which they would no doubt have forborne had they deemed it high Treason or Rebellion in point of Law to take up armes against their Kings in defence oâ— these Lawes and Privileges neither would our Kings and Parliaments in times of Peace have so frequently confirmed these Lawes and Immunities as just and necessary for the peoples welfare had they reputed their former purchases and confirmations by warre and armes no lesse then Treason or Rebellion And if it were neither Treason nor Rebellion in the judgements of our Ancestors and those Parliaments which procured and ratified Magna Charta to take up armes in defence thereof much lesse can it be Treason or Rebellion in the Parliament and Subjects now by Votes by Ordinances of both Houses with force of armes to preservâ— not only these their hereditarie Charters Lawes Priviledges but their very Lives Estates yea the Privileges and being of Parliaments themselves which are now invaded endangered What opinion the world had of the lawfulnesse of most of the Barons Warres in King Henry the 3d. his Raigne against this troublesome perfidious King in defence of their Lawes Liberties Estates appeares first by the Dialogue betweene Agnellus a Frier minorite one of King Henry his Counsell purposely sent to the Earle Marshall then in armes against the King and this Martiall Earle in the Abbey of Morgan Anno 1233. I will first relate the true state of that Warre and then their Dialogue concerning it King Henry by the ill counsell of Peter Bishop of Winchester removed all his English Officers Counsellors and Servants from his Court and put Poictovines and Forraigners in their places being ruled wholly by them withall he puts the English Garisons out of all his Castles and substitutes Forraigners in them which dayly arived both with Horse and armes in great multitudes and much opprested the people calling them Traitors so that the power and wealth of the Realme was wholly under their Command The Earle Marshall seeing the Noble and Ignoble thus oppressed and the rights of the Kingdome like utterly to be lost provoked with a zeale of Iustice associating to himselfe other Noble men goes boldly to the King reproves him in the hearing of many For calling in those Poictovines by evill Counsell to the oppression of the Kingdome and of his naturall Subjects and like wise of Lawes and Liberâ—ies Humbly beseeching him hastily to correct these excesses which threatned the imminent subversion both of His Crowne and Kingdome which if he refused to doe he and the other Nobles of the Realme would withdraw themselves from his Counsell as long as he harboured those Strangeâ—s To which Peter of Winchester replyed That the King might lawfully call in what strangers he would for the Defence of his Kingdome and Crowne and likewise so many and such as might compell his proud and rebellious Subjects to due Obedience Whereupon the Earle Marshall and other Nobles departing discontented from the Court when they could get no other answer promised firmely one to another That for this cause which concerned them all they would manfully fight evâ—n to the separation of Soule and Body After which they seeing more Strangers arrive with Horse and armes every day sent word to the King That hee should foorthwith remove Bishop Peter and all his Strangers from his Court which if he refused they all would BY THE COMMON CONSENT OF THE WHOLE REALM 〈◊〉 him with his wicked Counsellours out of the Realm and consult of chusing them a new King After these and some other like passage the King raysing an Army besiegeth one of the Earles Castles and not being able to winne it and ashamed to raise his Seige without gaining it he sent certaine Bishops to the Earle and requested him that since he had besieged his Castle and hee could not with Honour depart without winning it which he could not doe by force that the Earle to save his Honour would cause it to be surrended to him upon this condition That hee would restore it certainely to him within 15. dayes and that by advise of the Bishops hâ— would amend â—all thing amisse in his Kingdome for performance 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 Coadjutor 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 demonstrate their publicke opinions and judgements of the lawfullnesse 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 Gavâ—ston 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 certainely 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 the liberties of the Church and Realme sent an honourable message to the King to deliver Piers into their hands or banish him for the preservatioâ— of the peace Treasure and weale of the Kingdome this wilfull King denies their just request whereupon the Lords thus contemned and deluded raifed 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 BVâ— DESERVED HIS ROYALL 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 barboring councelling or ayding him bere after his returne The second on the Barons part in these words It is provided by the King and by the Archbishops Bishâ—ps Abbots Priors Earles Barâ—ns and Commons of the Realme assembled according to our Command and unun mously assented and accorded that none of what estate or condition soever he be shall in time tâ— come be appealed or challenged for the apprehending deteining or death of Peirsde Gaveston nor shall for the said death be apprâ—hended nor imprisoned impeached molâ—sted 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 Iudges of the Kings Bench commanding that tâ—is grant and concord shall be firme and stable iâ— all its points and that every of them should be held and kept in per petuitie to which end he commands them to cause this act to be there inrolled and fiâ—mely 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 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 if 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 for mis-councelling the king oppressing the people
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 Conâ—roversie Whether Subjects may lay violent hands upon the persons of their Princes wittingly or willingly to deprive them of their Lives or Liberties â—specially 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 allunanimously 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 Remâ—nstrances 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 mâ—ke 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 Supâ—ose 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 Câ—â—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 Whâ—ther Doctor Ferne and all other our Opposites pretenders of Conscience haue not ignorantly if not maliciously made ship wracke 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 Whâ—ther both Houses of Parliament and the Subjects by their Authorâ—ty for the preservation of their owne Persons Priviledges Lawes Lives Liberties Estates Religion the apprehension of Voted contumatious Traitors and Delinquents the resâ—uing his seduced Majestie out of the power of Popish pernicious Counsellours and Forces who endâ—avour the Kingdomes subversion by withdrawing him from and incensing him against his Parliament may not lawfully with a good Conscience take up necessary defensivs Armes and make actuall Warlike resistance against his Mâ—jâ—stiâ—s Maligna it ill Counsellors and invading Popish Forces who now Murther Rob Spoile Sacke Depopuâ—ate the Kingdome in a most Hostile manner to set up Tyranny Popery and an Arbitrary lawlesse Government in case they come armed with his personall presence or commission to â—xecute these their wicked illegall designes Especially when neither the Parliament nor their forces in this their resistance have the least thought at all to offer any violence to the Kings owne person or to oppose his Legall iust Soveraigne Authority Or shorter Whether the Kings Captaines anâ— Souldierâ—s invading the Parliamâ—nt and Subiects as aforesaid the Parliament or Subiects especially when authorized by an Ordinance of both Houses may not with a safe Conscience forcibly resist these Malignants though armed witâ— the Kings illegall Commissions without his personall presence or with his presence and Commissions too And for my part I thinke it most evident that they may lawfully resist repulse them even by Divine Authority For the better clearing whereof I shall premise these three undeniable Conclusions First That no lawfull King or Monarch whatsoever much lesse the Kings of England who are no absolute Princes have any the least Authority from the
or quarrell may lawfully resist assault wound apprehend imprison slay depose iudge censure forraigne kings even to death as is apparent by Sâ—hon King of the Amorites and Og the kâ—ng of Bashan slain the King of Ai hanged by Ioshua the five kings of Canaan that besieged Gibeon on whose ne-ks Ioshua made his men of war to put their feet then smote slew and hanged them upon five trees Who also assaulted resisted imprisoned condemned slew executed divers other kings of Canaan to the number of thirty one in all by king Adonibezek Eglon Agag with other Heathen Kings imprisoned stabbed hewen in pieces by the Iâ—raelites If any obiect These kings were not actually annoynted which they cannot prove since Cyrus an Heathen King is stiled Gods annoynted no doubt Saul was an annoynted King if not the first in the world 1 Sam. 10. 1. yet he was justly resisted wounded pursued by the Philistines 1 Sam. 31. 3. Iosiah an annoynted good King was slain by Pharaoh Necho King of Egypt whom he rashly encountred King Ahab was slain by an Archer of the King of Assyria King Ioram and Ahaziah were both slain by Iehu by Gods command Iehoaaz was deposed by the King of Egypt Iehoiakim and Iehoiakin both deposed fettered and kept prisoners by the King of Babylon who also apprehended deposed judicially condemned King Zedechiah put out his eyes and sent him prisoner to Babylon bound with fetters of brasse So Manasses was deposed bound with fetters of brasse and carryed captive by the Captaines of the King of Assyria Amaziah King of Iudah was taken prisoner by Iehoash King of Israel Infinite are the presidents in stories where kings of one Nation in just warrs have been assaulted invaded imprisoned deposed slain by Princes and Subjects of another Nation and that justly as all grant without exception neither their annointing nor Kingship being any exemption or priviledge to them at all in respect of forraigners in cases of hostility to whom they are no Soveraigns no more then to any of their Subjects Whereas if this royall annointing did make their persons absolutly sacred and inviolable no forraign Princes or Subjects could justly apprehend imprison smite wound slay depose or execute them Secondly Kings who are suborordinate Homagers and Subjects to other Kings or Emperours though annointed may for Treasons and Rebellions against them be lawfully resisted assaulted imprisoned deposed judged to death and executed because as to them they are but Subjects notwithstanding their annointing as appears by sundry presidents in our own and forraign Histories and is generally confessed by the learned Thirdly the Roman Greek and German Emperours though annointed the ancient Kings of France Spain Arragon Britain Hungary Poland Denmarke Bohemia India Sparta and other places who were not absolute Monarchs have in former ages been lawfully resisted imprisoned deposed and some of them judicially adjudged to death and executed by their owne Senates Parliaments Diâ—ts States for their oppression mal-administration tyranny and that justly as Bodin Grotius with others affirm notwithstanding any pretence that they were annointed Soveraigns Fourthly Popes Bishops and Priests anciently were and at this present in the Romish Churches are actually annointed as well as Kings and we know the Popish Clergy and Canonists have frequently alledged this Text Touch not mine annointed and doe my Prophets no harme in Councels Decretalls and solemn debates in Parliament to prove their exemption from the arrests judgements capitall censures and proceedings of Kings and secular Iudges for any crimes whatsoever because forsooth they were Gods annointed intended in this Text not Kings therefore Kings and Seculars must not touch nor offer any the least violence to their persons no not in a way of justice By colour of this Text they exceedingly deluded the world in this particular for hundreds of yeeres But in the seventh yeer of Hen. the 8. in Dr. Standish his case debated before a Committee of both Houses of Parliament and all the Iudges of England this Text being chiefly insisted on to prove the Clergies exemption Jure Divino was wholly exploded in England and since that in Germany France other Realms and notwithstanding its protection many Popes Bishops and Clergy-men in all Kingdomes ages for all their annointing have for their misdemeanors not only been resisted apprehended imprisoned but deprived degraded hanged quartered burned as well as other men Yea Abiathar the High Priest was deposed by Salomon for his Treason against him notwithstanding his Annointing their annointing giving them not the smallest immunity to doe ill or not to suffer all kinds of corporall capitall punishments for their misdemeanors If this actuall annointing then cannot lawfully exempt or secure Priests and Prelates persons nor the Pope himselfe from the premises how then can it justly priviledge the persons of Kings Fifâ—hly among the Papists all infants either in their baptisme or confirmation are actually annointed with their consecrated Chrisme and with extream unction to boot at last cast which they make a Sacrament and so a thing of more divine soveraign Nature then the very annointing of Kings at their inauguration which they repute no Sacrament as being no where commanded by God But neither of these actuall unctions exempt all or any of those annointed with it from resistance or any corporall punishments or just censures of any kind therefore the very annointing of Kings cannot doe it Sixthly the Ceremony of annointing kings as Cassanaeus with others write is peculiar onely to the German Emperor the King of Ierusalem the King of France the King of England and the King of Sicily but to no other kings else who are neither annointed nor crowned as he affirmes so that it cannot give any priviledge at all to any but onely to these 4. not other kings who are not anointed Now seeing only these 4. kings are actually anointed yea lawfull Kings and their persons sacred even before they are annointed or crowned and other kings persons as of Spain Hungary Denmark Sweden Poland c. who are not annointed are as sacred as exempt from danger as those who are enoyled And seeing the annointing of kings is at this day a meer arbitrary humane Ceremony not injoyned by divine authority nor common to all Kings who are Kings before their Coronations it is most certain and infallible that this enoyling in and of it selfe derives no personall Prerogatives or Immunities at all to kings much lesse an absolute exemption from all actuall resistance in cases of unjust invasions on their Subjects or from the censures of their Parliaments for publike distructive exorbitances as most have hitherto blindly beleeved Neither will the frequent next objected speeches of David concerning Saul impeach the premises 1 Sam. 24. 6. 10. c. 26. 9. 11. 23. 2 Sam. 1. 12. 16. The Lord forbid that I should do this thing unto my Master the Lords Annointed
and Interest in ordering the Militia Forts Ships Magazins and great Offices of the Realme is manifested by some fresh Records in way of Supplement The two Houses Imposition of moderate Taxes and Contributions on the People in cases of extremity without the Kings assent when wilfully denyed for the necessary defence and preservation of the Kingdome and their imprisoning confining of Malignant dangerous persons in times of publicke danger for the common safety are vindicated from all Calumnies and proved just Together with an APPENDIX Manifesting by sundry Histories and Foraine Authorities that in the ancient Kingdome of Rome the Roman Greeke German Empires the old the present Graecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polmian Bohemian Danish Swedish Scâ—ttish with other Foraine Kingdomes yea in the Kingdomes of Iudah Israel and other Gentile Royalties mentioned in Scripture the Supreame Soveraigne Power resided not in the Emperours or Kings themselves but in the whole Kingdome Senate Parliament State People who had not onely Authority to restraine resist yea call their Emperours and Kings to an account but likewise when they saw iust cause to censure suspend deprive them for their Tyranny viceâ— mis-government and sometimes capitally to proceed againâ—â— them With a briefe Answer to the contrary Objections and tenne materiall Observations confirming all the Premises By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Olaâ—s Magnus l. 8. c. 32. De Iniquis Consiliariis c. 33. Iniqui Consiliaâ—â— aiunt Regem nihil injuste facere pâ—sse quippe omnia 〈…〉 ipsos Tantumâ—◠〈◊〉 esse proprium quantum Regis Benignitas ei non â—â—lemeirt c. 〈…〉 Principes his similibus consiliis consiliariis facti sunt eaules miseri infames inhabile inse pâ—â—eritate sua amplius gubernandi Principisitaque Officium est ut non seâ—us curet subdiâ—os quam fidelis Pastor 〈…〉 conservet It is this tenth day of Iuly Ordered by the Committee of the House of Commons conâ—erning Printing that this Booke Intituled The fourth Part of the Soveraign power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. To the READER Courteous Reader I Here present thee with the last Part of The Soveraigne Power of Parliaments and Kingdomes and An Appendix in pursuance of it abundantly manifesting from the very fundamentall Constitutions Lâ—â—â—es Customes Resolutions Remonstrances Oathes Inaugurations Elections Ceremonies Histories publique Transactions Treaties Agreements Wars of Forain Empires Emperors Realmes Kings States Senates Diets Parliaments in all Ages and the most judicious foraine Authours of all sorts That whole Kingdomes Parliaments Senates States Nations collectively considered have ever constantly enjoyed in all Ages Nations the most Soveraigne Jurisdiction and Authority and beene Paramount their Kings and Emperours who were and are subordinate accountâ—ble for their actions to them and copiously refuting the fond erroneous fancies of all illiterate flattering Court-Doctors Theologasters Lawyers Statists who without any shadow of Truth or Reason audaciously averre the contrary not so much to fâ—atter or seduce their Princes as to advance themselves against whom the contrary constant practice and resolutions of most lawfull Kingdomes that either are or have beene in the world from Adams dayes till now shall unanimously rise in judgement and passe a most Catholike irreversible sentence on them for their notorious flatteries and Impostures For mine owne particular as I have alwayes beene and ever shall be an honourer a defender of Kings and Monarchy the best of Government whiles it keepes within the bounds which Law and Conscience have prescribed So I shall never degenerate so farre beneath the duty of a Man a Lawyer a Scholar a Christian as to mis-informe or flatter either nor yet out of any popular vain-glory court either Parliaments or People to the prejudice of Kings just Royalties but carry such an equall hand betweene them as shall doe right to both injury to neither and preserve support their just Legall severall Soveraignties Iurisdictions Rights within their proper limits without tyrannicall invasions or seditious encroachments upon one another to their mutuall and the Republickes prejudice It fares with Regall and Popular Powers usually as with Seas and mighty Rivers if they violently breake downe or swellingly overflow their fixed bankes they presently cause an Inundation and in stead of watering surround and drowne the Countries round about thâ—m for a season sometimes for sundry yeares ere they can be perfectly drained and their bankes repaired to confine them to their ancient proper Channels of which we have present sad experience written in Capitall red Bloody Letters throughout the Realme To redresse prevent which overflowing mischiefe for the future I have without feare or flattery of any bumane Power or party whatsoever by Publicke Authority divulged this last and the three preceding Parts of this Discourse together with the Appendix all hastily collected and more confusedly compacted through went of time and sundry interrupting Avocations then I desired wherein I have impartially according to my â—udgement conscience defended nought but ancient undoubted universall Truthes of reall State-Policy and true Theologie almost forgotten in the world yea cryed Preached Printed down for erronious seditious Paradoxes if not Treasons by Sycophants and Malignants in these later ages out of a cordiall affectâ—on as much as in me lyeth to restore and settle the weale tranquillity and safety of my bleeding dying Country now miserably distracted wasted consumed every where through the long fore plotted conspiracies of Romish Priests and Iesuites to subvert the Protestant Religion and our Realmes upon a pretended quarrell unhappily raised by them betweene the two muâ—h mistaken Grand Soveraigne Jurisdictions of King and Parliament Crowne and Kingdome now miserably clashing one against the other through ignorance and mistakes and trying their Titles in the open field BY BATTAILE in stead of Law by the Sword of the Souldier not of the Spirit the onely proper peaceable Iudges in these Quarrels by which alone they can and must be finally resolved settled else neither King nor kingdome can be ever quiet or secure from dangers and Commotions I dare not presume to arrogate to my selfe a Spirit of in â—errability in the grand Controversies here debated wherein I have travelled in no beaten common road No doubt Generall Nationall Councells Parliaments Popes Kings Counsellors Statesmen Lawyers Divines all sorts of men both may and usually doe erre from Truth especially in Questions which concerne their owne Iurisdictions Honours Profits and so may I. But this I dare with safe conscience protest to all the world that I have not willingly erred in any particular and if I have casually failed in any thing out of humane frailty I shall upon better information acknowledge and retract it In the meane time I trust I have here sufficiently discovered refuted many common impostures and erroneous grosse mistakes in Law Policy Divinity Antiquity which have in later ages beene generally
received as indubitable verities by most men yea professedly defended by sundry injudicious Lawyers and ignorant Divines though perchance reputed learned solid in their own and others opinions who never tooke the paines to dive into the true originall fundamentall creations institutions publicke Lawes Reasons Policies Iurisdictions compositions Rights Customes Histories of Kings Kingdomes Parliaments States Magistrates People the ignorance whereof hath made them confidently vent many grand absurdities and untruthes to the prejudice imbroyling and almost utter ruine of divers Kings and States which now I hope they will ingenuously acknowledge and recant with reall griefe and shame that they have so grossely cheated seduced Kings Kingdomes People and oft times stirred up civill warres to maintaine their idle lies crazy fictions as just Royall Rights and indubitable Prerogatives when as they are nothing lesse I shall not begge any mans beliefe of any Truth here newly discovered further than his own Iudgement conscience upon serious consideration shall convince him of it and himselfe discerne it fully ratified by substantial precedents and Authorities in the body and close of the Treatise Appendix Only this I shall request of every Reader to peruse over all the Parts of this Discourse with a cordiall Love of Truth and Peace and when he is convinced what is Truth then to live and dye in Pauls resolution 2 Cor. 13. 8. We can doe nothing against the Truth but for the Truth It was our Saviours owne reply to Pilate John 18. 37. For this end was I borne and for this cause came I into the world THAT I SHOULD BEARE WITNESSE UNTO THE TRUTH O then let it now be every ones end and practice too since it is the Truth and nothing else that shall make and keepe us free Free from Errors Troubles Tumults Warres Slavery Tyranny Treachery Popery dangers feares Wherefore love the Truth and Peace and then through Gods mercy we shall speedily regaine retaine them both Farewell THE Fourth Part of the Soveraign POWER of PARLIAMENTS and KINGDOMES The Parliaments Interest in the Militia Forts Navy Officers of the Kingdom IN the preceding Parts of this Discourse I have with as much perspicuity and sincerity as I could waded through those deepe and weighty differences of greatest importance which have lately to our great unhappinesse I know not by what evill spirits solicitation unexpectedly risen up by insensible degrees betweene the Kings Majestie and the present Parliament whose primitive sweet agreement made us not so happy as their subsequent Divisions in place affection opinion have rendred the whole three Kingdomes miserable in point of Royall Prerogatives onely which I have dispatched I should now proceed to other Controversies betweene them principally concerning the Subjects Liberties But before I passe to those particulars I shall present you with some few Records of speciall note casually omitted in their proper place through over-much haste and want of time which will very much cleare the Parliaments just right and ancient Jurisdiction In ordering the Militia of the Realme by Sea and Land in disposing the Ships the Forts of the Realme for the publicke safety in times of danger in concluding matters of Warre and Peace in placing and displacing the great Officers the Privy Counsellors of the Kingdome yea regulating the Kings owne houshold and meniall servants oft times when there was occasion which may serve as a supplement to the second part It it the determination of Henricus Rauzovius a Noble Dane a great Statesman and Souldier in his Commentarius Bellicus Dedicated to Christierne the fourth King of Denmarke Anno 1565. lib. 1. c. 3. That all Kings and Princes in most Republickes rightly and lawfully constituted are obliged by their paction entred into before their Inauguration Not to begin or move any Warre without the consent of all the Estates and Nobles Thus in my hearing Philip King of Spaine when he demanded and tooke an Oath from his Subjects in the Netherlands promised by a mutuall Oath to the Estates That he would make no warre in those parts without their priviâ—y The same also most Noble King is received and observed not only in your Kingdomes and 〈◊〉 but likewise is in use almost in all Europe Therefore Frederick your Father of most famous memory knowing himselfe to be bound hereunto by compact before he would be involved in the Swedish Warre communicating the whole businesse faithfully to his people as well to the Senators of the Realme as to the Nobles of the Dukedomes maturely advised with them about the manner of waging it Wherefore lest the Warre which is undertaken bee accused as unjust by the States because it was undertaken without their advice contrary to custome and agreements all ought to be assumed into the Counsell and care of Warre For thus it will come to passe besides that things very well thought on and deliberated by many have for the most part better successes then those things which are rashly begun by some one that the Subjects who not unwillingly bring their estates and lives into danger will lesse feare the losse of both will fight more valiantly and will put forth all their strength in prosecuting and ending the combate of warre even for this reason that themselves have beene the advisers of the warre Upon this reason not onely the Kings of the Iewes Arragon France Navâ—re and others as I have manifested in the Appendix but even of this our Realme have usually undertaken all their warres and ordered all their Military affaires both by Sea and Land by the advice and direction of their Parliaments as the Grand Councell of Warre both for King and Kingdome This I have plentifully manifested in the premises by sundry examples and shall here onely briefly ratifie with some few new Precedents In the first Parliament of 13 Ed. 3. after Proclamation made Num. 2. That none should come armed with weapons to the Parliament Num. 3. The causes of summoning the Parliament were shewed to the Lords and Commons to have their counsell and advice therein what was best to be done and expressed to be three First that every one great and small should consider in what manner the peace might most surely be preserved within the Realme Secondly how the Marches of Scotland and the Northerne parts might be best defended and kept against the enemies of Scotland Thirdly how the Sea should be guarded against the enemies that they should doe no dammage nor enter the Realme for to destroy it After thus Num. 4. The Bishops and Letters from the King then in France relate to the Houses the Estate of the Kings Army warres and proceedings in France and the great debts the King stood ingaged in for the maintenance of his Army for discharge whereof and the Kings further reliefe in the easiest way to support his warres the Lords condescended to grant the ninth sheafe of all their corne and the ninth fleece and Lambe of all their flockes to the
at this day after three convictions is to be banished out of Westminster and rowed over the Thames from thence thorough the water at the tayl of a Boat for the quiet of the City Then much more may any private seditious turbulent Malignants be justly restrained to some safe places where they may do no harme till the warres and troubles be ended or themselves reclaimed Fifthly By the Common and Staetute Law of the Realm yea by Magna Charta it self cap. 30. the Lands Rents Goods and Persons of Priors and other aliens Merchants or others residing in England may be and have been usually seized on and sâ—cured or else their persons banished the Realm and lorders of England during the warres with others of that Nation least they should assist them in the warres with their Estates persons or intelligences or betray the Kingdom or places where they resided to the Enemy And upon this ground by the expresse Statutes of 2. H. 4. cap. 12. 20. 1. H. 4. cap. 7 8. 3. H. 5. cap. 3. 4. H. 5. cap. 6. 1. H. 6. cap. 3. the Irish Brittains Welshmen and Scots because we had frequent Warreâ— with them were not permitted to purchase either Houses or Lands or to remain in any Fort Town or City neer the Borders of Scotland or Wâ—lâ—s but banished thence and their Goods and persons seised on in times of warre to prevent trâ—achery intelligence and assistance of the Enemy A thing generally practised and warranted in all States and Kingdoms as well as in England â—y the very Law of Nations as just and necessary in times of warres as Martinus Laudensis de Repraesaliis de Bello Henricus Ranzovius his Commentarius Bellicus Geergius Obbrâ—ctus Disput Iuridica de Bello Henricus Boeâ—rus de Iure Prâ—gnae Hugo Grotius Albericus Gentilis in their Books de Iure Belli and all Historians evidence Therefore lawfull for the Parliament to practise at this present as well as the King or any others Sixthly In times of Forraign Invasions the Parliament hath enjoyned all Inhabitants neer the Sea-coasts or Marches of Scotland and Walâ—s to repair to their Houses and Lands therâ— with all their Families for the dâ—fence and safetie of the Realm under pain of imprisonment and confiâ—cation of their Goods and Revenues there and elsewhere as is evident by 13. E. 3. nu 21. Parl. 1. and Parl. 2. n. 20. 23. Eliz. c. 4. the Statutes confining Papists to their Houses and sundry other Presidents Therefore by like reason they may confine Malignants in times of warre for the publike peace and safetie and disarme them to for a time a Constables may by the Law disarme and imprison peace-breakers fray-makers riotors and others to prevent bloodshed quarrels and preserve the publike peace Thirdly For the plundering of Malignants and sequestring their Estates I answer that I think the Parliament never yet approved the plundering or in plain English robbing of any man by any of their forces they having plundered no places taken by assault for ought I hear though the Kings forces on the contrary have miserably plundered all the Kingdom almost except the Papists who are most exempted from this rapine and some few chief Malignants yea those very Persons Souldiers Cities Towns which by their very Articles of surrender were not to be plundered witnesse Taunton Bridgewater Bristol Gainsboâ—ow where many have been pillaged to their naked skins notwithstanding their Ariticles of agreement solemnely sworn to depart quietly with bag and baggage without interruption and the Towns to be free from plunder contraty to the very Law of warre and Arms which may instruct all others not to trust them henceforth If any of the Parliaments forces have misbehaved themselves in plundering any Malignants or disaffected persons more then by seising of their Arms distraining their Goods for imposed Assessements or sequestring their Plate Moneyes Estates for the publike service upon promise of repayment and restitution I know the Houses have publikely by expresse Ordinances inhibited disavowed the fact and exposed the disorderly Delinquents to condigne punishments even to the losse of their lives if any please to prosecute them by way of inditement or Martiall Law For my part I abhorre all violence plunder rapine and disorders in Souldiers as contrary to the Law of God Obadiah 10. to 16. Luke 3. 14. and leave those who are guiltie of them to the severest publike justice as offenders against the Law of Nature of Nations of the Land yea of Warre it self But God forbid the Parliament should be unjustly charged with all the misdemeanours of their Souldiers which they prohibit detest censure more then the King with all the barbarous rapes murthers cruelties rapines and monstrous insolencies which his Cavaliers every where perpetrate without punishment or restraint especially the blood-thirsty Irish Popish Rebels among them who having shed so much English Protestants blood in Ireland ere they came over hither of which they vaunt is such an high dishonour to God and the English Nation if their own blood be not shed for it by the hand of vengeance here that I wonder with what face or spirit His Majâ—stie or any English Protestant can patiently suffer these Irish Rebels to shed any more Protestant English bloud or breath in English ayre who have cut the throats of so many thousand innocent English both here and elsewhere and are like to cut all our throats ere long as they have designed unlesse their throats be first cut by us But yet for the plundering of such Malignants goods and houses who are opposite to the whole Kingdom and Parliament and will not joyn with them in the common cause which concerns us all as it hath sundry patterns in the Barons Warres against the Poictovines and their faction in Henry the third his raign and after wards against the Spensers in Edward the second dayes formerly touched so it hath one observeable generall resolution of the whole body of the Lords and Commons warranting it in King Iohns raign even then when they all took up Armes to enforce him to confirm the great Charter it self which our Opposites cry out to be violated by the Parliaments moderate sâ—isures onely by way of distresse or sequestration For the Barons Knights and Commons with their whole Army being met together in London which joyned with them to gain this Charter from the King sent from thence Letters to all the Earls Barons and Knights throughout England who seemed though but fainedly to adhere to the King exhorting them with this Commination That as they loved the indemnitie of their Goods and possessions they should desert a perjured King and adhearing faithfully to them should with them inviolably stand and effectually contend for the Liberties and Peace of the Kingdom which if they contemned to do thâ—y would with force of Arms and Banners displayed MARCH AGAINST THEM AS PUBLIKE ENEMIES SUBVERT THEIR CASTLES BURN THEIR HOUSES AND EDIFICES AND NOT
delivered into the custody of the Barons that all Aliens within a certain time should void the Realm except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom and that faithfull and profitable natives of the Realm should thenceforth dispose of the affairs of the Kingdoms under the King But THE QUEEN instigated with foeminine malice contradicted it all she could whâ—ch made the people revile and cast dirt and stones at her as she was going to Windsore enforcing her to retire again to the Tower How William Long shamp Bishop of Ely Lord Chancellour of England Earl Iohn and others when they disturbed the peace of the Realm and turned Malignants were apprehended besieged imprisoned excommunicated and their Goods and Castles seised on by the Lords and Commons out of Parliament yea during the time of King Richard the first his absence and captivitie you may read at large in Roger de Hovedon Holinshed Daniel and others Why then the Lords and Commons in Parliament may not now much more do the like â—or their own and the whole Kingdoms safety I can yet discern no shadow of reason I will not trouble you with Histories shewing what violent unlawfull courses Kings and People have sometimes used to raise moneyes in times of warre by sacriledge rapine and all manner of indirect means I rather wish those Presidents and their occasions buried in eternall silence then reduced into practise and verily perswade my self that every ingenuous true born Englishman who hears a reall naturall affection to his Countrey or a Christian love to his Brethren the Parliament and Religion will according to his bounden duety the Protestation and Covenant which he hath taken rather freely contribute his whole estate if need so require towards the just defence of his Countrey Libertie Religion and the Parliament against the treacherous Conspiracies of the Pope Jesuites forraign Catholikes Irish Rebels English Papists and Malignants who have plotted their subvertions then repine at or neglect to pay any moderate Taxes which the Parliament shall impose or inforce the Houses to any extraordinary wayes of Levying Moneyes for want of ordinary voluntary supplyes to maintain these necessary defensive warres I shall close up all in a few words The Parliament hath much against their wills been inforced to this present defensive warre which they have a most just and lawfull power to wage and manage as I have elsewhere evidenced by the Fundamentall Laws of the Realm yea by the Law of God of Nature of Nations This warre cannot be maintained without Moneyes the sinews of it wherefore when voluntary contributions fail the Houses may by the same Laws which enabled them to raise an Army without the King impose necessary Taxes for the maintaining of it during the warres continuance else their Legall power to raise an Army for the Kingdoms defence would be fruitlesse if they might not Levy Moneyes to recrute and maintain their Army when raised which Taxes if any refuse to pay they may for this contempt be justly imprisoned as in cases of other Sudâ—idies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or sâ—duce or withdraw others by a factious slanderous speeches against the Power and Proceedings of the Parliament from assisting the Parliament in this kinde they may for such misdemeanours upon conviction be justly censured confined secured and their estates sequestred rather then the Republike Parliament Religion or whole Kingdom should miscarry It is better that one should perish then all the Nation being the voyce of God Nature and resolution of all Laws Nations Republikes whatsoever If any hereticall scismaticall or vitious persons which may poyson others with their pernicious false doctrinâ—s or vitious wicked lives appear in the Church they may after admonition if they repent not yea and de facto are or ought to be excommunited the Church and societie of all faithfull Christians so as none may or ought to converse with them till their repentance If this be good Law and Divinitie in the Church the banishing and confining of pestilent Malignants in times of warre and danger must by the self-same reason be good Law and Divinitie in the State â—I have now by Gods assistance notwithstanding all distracting Interruptions Avocations Remoraes incountring me in this service ran through all Objections of moment which the King or any opposites to this Parliament have hitherto made against their proceedings or jurisdictions and given such full answers to them as shall I trust in the generall abundantly clear the Parliaments Authoritie Innocency Integritie against all their clamarous malignant Calumnies convince their Judgements satisfie their consciences and put them to everlasting silence if they will without prejudice or partialitie seriously ponder all the premises and ensuing Appendix which I have added for their further satisfaction information conviction and the confirmation of all forecited domestick Laws Presidents by forraign examples and authorities of all sorts And if any shall yet continue obstinate and unresolved after so many convincing Reasons Presidents Authorities or still retain an ill opinion of the Parliaments proceedings I shall desire them onely seriously to consider the most execrable conspiracy of the Pope Jesuites and Popish party in all His Majesties three Realms to extirpate the Protestant Religion subvert the Government Parliament and poyson the King himself if he condescend not to their desires or crosse them in their purposes whom they have purposely engaged in these warres still continued by them for this very end to enforce the King to side with them and so gain possession of his person to accomplish this designe of theirs as is cleerly evidenced to all the world by Romes Master-Peece the English Pope the Declaration of the Lords and Commons concerning the Rise and Progresse of the Irish Rebellion and then advisedly to consider in what great present danger the Kingdom King Parliament and Religion are when the Popish Partie and forces now in Arms have gained the Kings Princes and Duke of Yorkes persons into their custodie the Cities of Chester and of late Bristoll the Keyes of England with other Ports to let in all the Irish Rebels upon us to cut our throats in England as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland it being one part of their designe now presently to be executed as appears by sundry Examinations in the Irish Remonstrance for which end some thousands of Irish Rebels who have all embrued their hands there in English bloud are already landed here and are in great favour and command about the King To which if they adde the omnipotent over-ruling power of the Queen the Head of that partie with the King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to
they thought themselves most safe and that on the Lords owne sacred day a very unsutable time for such a bloody prophane infernall sacrifice No sooner was this mâ—tchlesse treachery of this king against his owne naturall subjects executed but he avowes and justifies that which he but the day before so solemnly and openly disclaimed as a meanes to cut off all commotions for time to come But this blood-shed begat new warres and made the Protestants in Languedoc Rochell and other parts to take up Armes in their owne defence and stand more strictly on their guard than ever before And God himselfe out of his Divine justice after this horrible Butchery committed by this dissembling cruell blasphemous King smote him with an answerable disease causing him to wallow in his owne blood which he pitifully vomited out in great abundance by all the conduits of his body for divâ—rs houres till he dyed A just judgement for him that barbarously shed blood thorowout all the Provinces of the Realme he in the mean time tossing in his bed and casting out many horrible blasphemies A notable spectacle for all unnaturall fidifragous Princes to looke on who imbrue their hands in the blood of their Christian subjects VVhich crime as the Authour of the French History observes made his reigne cursed in the City and cursed in the field cursed in the beginning and cursed in the ending mortalitie sword famine cursing feare and desolation following it even unto the end I shall conclude his reigne with the words of the French History Doubtlesse God loves not the Prince that thirsts after his subjects blood for the subjects blood is the very blood of their Prince Charles dying without Heire of his body the Crowne descended to his Brother Henry the third then king of Poland Anno 1574. his first designe was to extirpate the Huguenots and Protestant Religion thorowout the Realme though the Emperour Maximilian told him There is no sinne so great as to force mens consciences and such as think to command them supposing to win heaven doe often lose that which they possesse on earth His pernicious Cabinet Councellors to effect this designe cause him first to protest by sundry Proclamations his love to the good of his subjects and to abolish what was past so as they lay aside armes deâ—iver him all his Townes and live quietly in their houses without any search constraint or molestation for matter of conscience A policie practised onely to bring the Protestant party into slavery all those Proclamations making no mention of liberty of their Religion neither of a Parliament for the publike Government nor of a nationall Councell for matters of Conscience hereupon the Protestants stood the more upon their guards they are full of jealousie distrust doubt feare the King and his Popish Councell indeavouring by this wile to keepe the Protestant party at a gaze whiles they in the meane time made great preparations underhand to put aâ—mighty army into the field to ruine them without hope of rising So they arme on all sides especially in Poictoâ— the Protestants are besieged assaulted in many places and so manfully repulse their assailants that they are willing to hearken to a Treaty of peace wherein the Protestants demanding free exercise of their Religion thorowout all France new Chambers in the Parliament for the execution of justice punishment of the murtherers of them ease of imposts a free assembly of the generall Estates and an assurance for the entertainment of the pretended peace The King after fifteene dayes conference promiseth to content them all but he will have them to referre these demands to his will and so the Treaty vanished into smoake and new warres sprung up in every place with new Court-designes to undermine and circumvent the Protestants who are aided by a German Army Anno 1576. The Queen Mother seeing the Protestant party prosper in their warres makes a peace betweene the King and them who grants the Protestants all their former demands restores divers of them to their goods offices honours avows by a solemne Declaration the Massacres of them Anno 1572. to have beene committed against all right and law of Armes He ordained that the Children of such Gentlemen as had beene murthered should be restored to their parents goods and freed from all charges of warre yea he avowed their taking up of Armes as taken for his service c. Which Articles with the Kings Edict thereon were allowed by the Parliament at Paris But no sooner were their Forces disbanded but they began to finde this peace to be counterfeit being onely made to dis-arme them and divide their Commanders none of the premises being really performed In the mean time the house of Guise and their faction send their Agents to Rome and Spaine to joyne with them in a Catholike league and under pretence of extirpating Heresie and establishing the Roman religion thorowout France endeavour to settle the Crowne upon themselves their chiefe designes were to overthrow the succâ—ssion of the Crowne brought in by Hugh Capet in the full assembly of the Estates and to make the naming of a Successor subject unto the said Estates to cause the Princes of the blood that should oppose against the Decrees of the Estates to be declared uncapable of succeeding unto the Crown to make the Estates protest to live and die in the faith set downe by the Councell of Trent to cause it to be signed in the open Parliament to revoke and anull all publike Edicts in favour of the Protestants and their associates and to pursue them to the death that should hinder the extirpation of Heresies c. These Articles of Association were first drawne at Peronne in Picardy but disguised with goodly shewes to blinde those that would examine them more exactly as being onely to maintaine the Law and restore the holy service of God to preserve the King and his Successors in the estate dignitie service and obedience due unto them by their subjects to reserve unto the Estates of the Realme their rights preheminences and ancient liberties And for the execution of these Articles a certaine forme of Oath was propounded inflicting pains of eternall damnation to the associates that for any pretext whatsoever should withdraw themselves from this league and a Bond for such as should be enrolled or imploy their goods persons and lives to punish and by all meanes to ruine the enemies and perturbers thereof and them that should faile or make any delayes by authorities of the Head as he should thinke fit Soone after a Parliament of the three Estates is assembled at Bloyes where the Catholike Leaguers after much consultation caused the last Edict of pacification in behalfe of the Protestants to be revoked and procured an Edict for the exercise onely of one Religion to wit the Popish to be tolerated within the Realme The King of Navarre the Prince of Conde the Marshall of Montmorancy with divers other Noblemen of both religions foreseeing these practices
the Cardinall of Burbon the Duke of Nevers with others protect and sâ—e for them who soone after suborne Iohn Chastle one of their Novices of the age of eighteen years to stabbe the king who creeping into the kings chamber at the Lonure in Paris among the presse December 27. 1594. and thinking to stabbe the king in the belly as he resolved struck him on the upper Lip and brake a Tooth as he stooped to take up some Gentleman who saluted him for which fact he was condemned by the Parliament as guilty of High Treason his body adjudged to be torne in peeces by four horses then burnt to ashes and cast into the winde and all his Goods confiscate to the king All the Iesuites with their schollers were hereupon banished the Realme as corrupters of youth troublers of the publike quiet enemies of the Kings State and none of them to remaine above fifteen dayes nor any to harbour them within the Realme under paine of High Treason I have heard from a Gentleman of credite which served this king that when he was thus stabbed in the mouth by Chastle one of the Religion gave him this Christian admonition Sir you have denied God already with your mouth inrenouncing the protestant faith which you once professed now God in his justice hath permitted this Iesuite of that Religion you revolted to thus to stabbe you in the mouth O take heed you deny him not in your heart lest the next stroke they give you be to the heart Which fell out accordingly for after four or five more severall attemps of the Iesuites and Papists to murther him which were discovered and prevented he was stabbed to death with a Knife by one Francis Ravillac a Papist at the Iesuites instigation as he was riding in his Caroch neare to Innocents church in Paris for suffering two religions in the Kingdome as the Traitor professed This Villaine stabbed him first in the left Pap and next between the fift and sixt Ribbe cutting asunder the veine leading to the heart and entring into the Cava vena and being dead the Iesuites of his royall Colledge at la Fletche whom he restored and favoured exceedingly notwithstanding their former Treasons and banishments of them out of France causing the Pyramis erected by sentence of Parliament as a monument of their Treasons to be rased and yet were found to have a chiefe hand in this his death begged and procured his heart to be there interred O the admirable passages of Divine Iustice that those two Henries who most advanced the Popish Religion and abandoned the Protestant faith to humour the Iesuites and Papists thereby to secure their Crownes and lives as they beleeved should thus fatally perish by those of that Religion and their unlawfull revolts thus used to preserve their lives whereas our nobler Queen Elizabeth continuing constant in her Religion notwithstanding all allurements menaces and attempts upon her person to withdraw her from the truth was miraculoâ—sly preserved from all the bloody assaults of this infernall generation of Romish Vipers and went to her grave in peace But to return to this kings actions Anno 1596. king Henry calls a generall assembly at Roan â—n forme of a Parliament where he speaking to the assembly told them That at his coming to the Crowne he had found Frâ—nce not onely ruined but almost all lost for the French but by the grace of Almighty God the prayers and good counsell of his subjects the sword of his Princes and brave generous Nobilitie and hiâ— owne pains and labour he had saved it from losse let us save it now from ruine participate with me my dear subjects in this second glory as you have done in the first I have not called you as my Predecessors did to make you approve my Will I have caused you to assemble TO HAVE YOVR COVNSELS TO BELEEVE THEM AND TO FOLLOW THEM finally TO PVT MY SELFE INTO YOVR HANDS A desire which seldome commands Kings that have white hairs and are Conquerours But the love I beare unto my subjects and the desire I have to adde these twoo goodly Titles to that of king makes me to finde all easie and honourable After this the King and Parliament set forth divers Edicts against the transportation of Gold and Silver the wearing of Gold Silver excessive usurie Advocates extortions Duels Bankrupts and the like This Martiall King being murthered by Ravillac as aforesaid the Crowne descended to Lewes his Sonne not then ten years old The Court of Parliament at Paris having notice of his death made this Decree in Parliament May 14. Anno 1610. Whereas the Kings Attorney Generall hath informed the Court of Parliament and all the Chambers thereof assembled that the King being now murthered by a most cruell inhumane and detestable Paricide committed upon his most sacred Person it were very necessary to provide for the affairs of the present King and for his Estate and hath required that there be present order given concerning the service and good of his Estate which cannot be well governed by the Queen during the minoritie of the King her sonne and that it would please the said Court to declare her Regent that the affairs of the kingdome may be governed by her Whereupon having consulted THE COVRT HATH DECLARED AND DOTH DECLARE THE QVEEN mother to the King REGENT OF FRANCE for the governing of the State during the minortie of her sonne with all power and authoritie The next day the King himself sitting in the Seat of Iustice in Parliament by the advice of the Princes of his blood Prelates Dukes Peers and Officers of the Crown according to the Decree made by the Court of Parliament declared and did declare the Queen his Mother Regent in France and to have the care of bringing up his Person and the Government of the affairs of his Kingdome during his minoritie commanding the Edict to be enrolled and published in all the Bayliweeks Senescaushes and other jurisdictions depending upon the said Court of Parliament and in all other Parliaments of the Realme so that the Queene Mother was setled in the Regency by the Parliament and whole State of France After which Pasquier Counsellor and Master of Requests writ her a large Letter touching the Government of the State wherein he informed her That she must not forbear to assemble the Estates for the reason that some would suggest unto her that they will be some blemish to her greatnesse it is quite contrary The Estates having confirmed it by publike authoritie will settle it fully Commonly the Estates assemble to provide for the present and future complaints of the generall of this Monarchy and to reduce things to their ancient course the people being the foundation where on this Realm is built and the which being ruined it is impossible it should subsist take away these new Edicts Impositions and Subsidies it is better to gratifie a people than to intreat them roughly Above all things beware that you follow
by all good Frenchmen assisted by all Princes and Estates which love the true Religion or the good of this State and in a word we shall be favoured of the blessings of God whereof we have hitherto had good experience in our Arms and which will be to the glory of his Name and the spirituall advancement of our Churches After which the Duke of Rhoan and Protestants in defence of their Religion and Liberties joyn with the Princes and Nobles At last both sides came to Articles of agreement made at Luudun Anno 1616. whereof these were a parcell That the grievances of the generall State should be speedily answered That Soveraign Courts should be preserved in their authority and the Remonstrances of the Parliament and Peers considered of That such as had been put from their Offiâ—es should be restored That all moneys they had taken out of the kings Revenues should be discharged All Edicts of pacification granted to them of the Reformed Religion observed The prince of Conde and all those of either Religion who had assisted him in this â—ar held for the Kings good and loyall subjects all illegall Imposts removed and all prisoners taken on either side set at liberty Anno 1617. the King and Queene Mother seizing upon the Prince of Conde his person and sending him to the Bastile upon false pretences of disloyaltie and treason caused new insurrections warres and tumults and the Princes hereupon meeting at Soyssons resolved to make open war to seize on the Kings Revenues and to fortifie those Towns and Castles which they held in their Government which they executed and withall set forth a Remonstrance of their grievances unto the king complaining especially against the Marshall of Ancre and his Wife with their adheronts who were the causes of all their miseries who having drawn unto himselfe the whole administration of the Realme made himselfe master of the Kings Councels Armies and Forts thereby supprest the lawfull libertie and Remonstrances of the Parliament caused the chief Officers to be imprisoned and was the cause of the violence done to the Prince of â—onde first Prince of the Blood To the end therefore that they might not be reproached to have been so little affected to his Majestie so ungratefull to their Countrey and so unfaithfull to themselves and their posterity as to hold their peace seeing the prodigious favour and power of this stranger they beseech his Majestie to provide by convenient means for the disorders of the Estate and to cause the Treaty of Loudun to be observed and to call unto his Councels the Princes of the Blood with other Princes Dukes Peers ancient Officers of the Crowne and Councellors of State whom the deceased King had imployed during his reigne Withall they publish a solemne Declaration and Protestation for the restoring of the Kings authority and preservation of the Realme against the conspiracie and tyrannie of the Marshall of Ancre and his adherents Who finding no safetie in the settling of jâ—stice resolved to make triall of his power by violating the publike faith thereby to plunge the Realme into new combustions conspiring to destroy the princes of the blood of Peers and chiefe Officers of the Crowne and to oppresse them altogether with the State who might be an obstacle to his ambitious designes To which end he raised false accusations against them as if they meant to attempt the Kings and Queen Mothers persons and caused the King to go in person to his Court of Parliament to publish a Declaration whereby they were declared guilty of Treason though at last being better informed he declared them to be his good Subjects and caused De Ancre to be suddenly slain in the Louure and his Wife to be legally condemned and executed Vpon which the new Councellors and Officers advanced by him were removed the old restored the Princes reconciled to the Kings and by him declared for his good and loyall subjects Vpon which followed a generall assembly of the Estates wherein divers grievances were propounded and â—ome redressed the King therein craving their advice for the setling and ordering of his Privie Councell Anno 1620. there happen differences between the King and Queen Mother who fortified Towns and raised an Army against the king at last they came to an agreement and were reconciled The two following years were spent in bloody civill warrâ—s betweene the King and those of the Religion who avowed their defensive warres lawfull which at last concluded in peace that lasted not long but brake out into new flames of war by reason of the great Cardinall Richelieu who of late years proved the greatest Tyrant and Oppressour that France ever bred reducing both Nobles Gentlemen and Peasants into absolute slavery and vassallage to make the King an absolute Monarch of France and himselfe both Pope and Monarch of the world But he lately dying by the of Divine Iustice of filthy Vlcers and Diseases and the King since being some say poysoned by the Ieâ—uiteâ— who murthered his two immediate Predecessors wise men conjecture the French will now at last revive and regain their ancient jâ—st hereditary freedom rights Liberties and cast of that insupportable yoke of bondage under which they have been oppressed for sundry years and almost brought to utter desolation I have the longer insisted on these Histories of the Kings and Kingdom of France which clearly demonstrate the Realm Parliament and three Estates of France to be the Soveraigne Power in that Kingdom in some sort paramount their kings them selves who are no absolute Monarchs nor exempted from the Laws jurisdiction restraints censures of their Kingdom and Estates assembled as some falsly averre they are because our Royalists and Court Doctors pâ—rallell England with France making both of them absolute Monarchies and our greatest malignant Councellors chiefe Designe hath been to reduce the Government of England to the late modell and new arbitrary proceedings of France which how pernicious they have proved to that unfortunate Realm what infinite diâ—tructive civill warres and combustions they have produced and to what unhappy tragicall deaths they have brought divers of their Kings Princes Nobles and thousands of their people the premisses other Storyes will so far discover as to cause all prudent Kings and Statesmen to â—â—eer the Helme of our own and other Kingdoms by a more safe steddy and fortunate compasse Thus I have done with France and shall recompence any prolixity in it with greater brevity in other Kingdoms when I have overpassed Spain From France I shall next â—â—eer my course tâ— the Kingdomes and Kings of Spaine whom Iacobus Valdesius Chancellor to the King of Spain in a large Book de Dignitate Regum Regnorumque Hispaniae printed at Granado 1602. professedly undertakes to prove to be of greater digâ—ity and to have the Precedency of the Kings and Kingdoms of France which Cassaâ—aeus and all French Advocates peremptorily deny The first Kings of Spain over-run by the Goths and Wisigoths are those
from the ancient forme of the Oath which is extant in the Library of the Chapter of Belvace to which Philip the first is found to have sworn yet notwithstanding they are plainly enough expressed Neither is the King girt with a sword annointed crowned by the Peeres who even themselves are adorned with Coronets or receives the Scepter or rod of Iustice or is proclaimed King before THE PEOPLE HAVE COMMANDED IT Neither doe the Peeres themselves swear fealty and homage to him untill he shall have given his faith unto them That he will exactly keep the Lawes Now those are that hee shall not waste the publike Patrimony that he shall not impose nor enjoyn customes Taxes Tributes at his owne pleasure Nor deneunce warre or make peace Finally that he shall determine nothing concerning the publike affaires but in a publike Councell Also that the Senate the Parliaments the Officers of the Kingdome shall constantly enjoy their severall authorities and other things which have been alwayes observed in the Realm of France Yea verily when he enters into any Province or City hee is bound to confirm their priviledges and he binds himselfe by Oath to preserve their Lawes and Customes Which custome takes place by name among those of Tholouse Dolphenie Britanny Province and Rochel whose agreements with Kings are most expresse all which should be frustrate unlesse they should be thought to hold the place of a condition in the contract Yea Charles the 7. made a peace with Philip Duke of Burgundy whose Father Iohn he had â—reacherously slain with this expresse clause contained in it confirmed with the Kings own Seale That if he should break this Agreement his Tenants feudataries and subjects present and to come should not be thence forth bound either to obey or serve him but rather the Duke of Burgundy and his Successours and that they should be freed and absolved from all the fealty Oathes promises obligations and duties whatsoever under which they were formerly obliged by Charles The like we read between King Lewis and Charles the Bald. Yea Pope Iohn the 22. in the Treaty between Philip the long of France and the Flâ—mmings caused it to be set downe That if the King did infringe the Treaty it might be lawfull for his Subjects to take Armes against him And if was usuall among the first Kings of France in their Treatises with other Princes to sweare that if they brake the Treaties made by them their Subjects shall be free from their obedience as in the Treaty of Arras and others The Oath of the ancient kings of Burgundy is extant in these words I will conserve Law justice and protection to all men In England Scotland Sweden Donmarke there is almost the same custome as in France and verily no where more directly then in Spain For in the Kingdome of Arragon many ceremonies being dispatched between him who represents the justice of Arragon or publike Majesty who sits in an higher Throne and having read the Lawes and conditions which he is to observe who is to be crowned King Who both fealty and homage to him the Nobles at last speake thus to the King in their owne language We who are as powerfull as you for so the Spanish Idiom imports and can doe more then you have chosen you King upon these and these conditions Between you and us there reignes one greater then you to wit the Iustice of Arragon Now lest he should think he had sworn those things onely perfunctorily or onely for to observe the old custome these very words are wont to be repeated every third yeere in the publike Assembly But if he shall grow insolent trusting to his Royall power shall violate the publike Lawes finally shall neglect the Oath he hath taken then verily by the Law it selfe he is deemed excommunicated with that grandest excommunication or Anathema wherewith the Church in former times excommunicated Iulian the Apostate whose force truly is such that no more prayers may be conceined for him but against him and they themselves are clearly absolved from their Oath and Obligation by that Law whereby a vassall out of duty ought not to obey an excommunicated Lord neither is bound to do it by his Oath which is ratified among them by the Decree both of a Councell and of a Parliament or publike Assembly Likewise in the kingdome of Castile an Assembly being summoned the King that is to be crowned is first publikely admonished of his duty after which most expresse conditions are read which pertaine to the profit of the Republike Then the King sweares that he will diligently and faithfully observe them then at last the great Master of the Knights binds himselfe to him by Oath whom the other Princes and Deputies of Cities afterwards follow every one in his order which also is in like manner observed in Portugall Leon and the other kingdomes of Spain Neither verily were lesser principalities instituted by any other Law There are extant most expresse agreements of the Brabanders of the other people of Belgia Austria Carintha and other provinces made with their princes which verily have the place of conditions But the Brabanders expresly that place might not be left to any ambiguity have expressed this condition For in inaugurating their Duke in ancient conventions wherein there is almost nothing wanting for the preservation of the Republike they being all read over before the Duke they protest openly and plainly to him that unlesse he shall observe them all That it shall be free for them to chuse another Duke at their pleasure Which conditions he embracing and willingly acknowledging he then binds himselfe by Oath to observe them which was also observed in the inauguration of Philip the last King of Spaine In sum no man can deny but that there is a mutuall binding contract between the King and subjects to wit That he raigning well shall be well obeyed Which verily is wont to be confirmed with an Oath by the King first afterwards by the people Now verily I demand here why any man should sweare but that he may shew that he speaks from his heart and seriously whether truly is there any thing more agreeable to nature then that those things which have pleased us should be observed Moreover why doth the King swear first at the peoples stipulation or request but that he may receive either a tacit or expresse condition But why is a condition annexed to a contract but onely to this end that if it bee not fulfilled the contract should become voide in Law it selfe But if through default of performing the condition the contract be voide in Law it selfe who may call the people perjured who shall deny obedience to a King neglecting that condition which hee might and ought to fulfil violating that law to which he hath sworn Yea who on the contrary would not account the King faedifragous perjurious altogether unworthy of that benefit For if the Law freeth the Vassal from the bond of
the king or his invading Forces though they indeavour to subvert Religion Laws Liberties as the Doctor himself states the controversie whose arguments will hardly satisfie conscience being so voyd of reason â—ence yea science The eighth is this None of the Prophets in the old Testament reprehending the Kings of Israel and Iudah for their grosse Idolatry cruelty oppression did call upon the Elders of the people for the duty of resistance neither do we finde the people resisting or taking up Arms against any of their kings no not against Ahab or Manasseh upon any of these grounds Ergo resistance is unlawfull To which I must reply first That none of the Prophets did ever forbid resistance in such cases under pain of Damnation as our new Doctors do now Ergo it was lawfull because not prohibited Secondly that as none of the people werethen inhibited to resist so not dehorted from it therefore they might freely have done it had they had hearts and zeal to do it Thirdly Iosephus resolves expresly That by the very Law of God Deuter. 17. If the King did contrary to that Law multiply silver gold and horses to himself more then was fitting the Israelites might lawfully resist him and were bound to do it to preserve themselves from Tyrannie Therefore no doubt they might have lawfully resisted their Kings Idolatry cruelty oppressions Fourthly Hulderichus Zuinglius a famous Protestant Divine with others positively affirms That the Israelites might not onely lawfully resist but likewise depose their Kings for their wickednesses and Idolatries yea That all the people were justly punished by God because they removed not their flagitious idolatrous Kings and Princes out of their places which he proves by Ieâ—em 15. where after the four Plagues there recited the Prophet subjoynes the cause of them saying Verse 4. I will give them in fury to all the Kingdoms of the Earth that is I will stirre up in fury all the kings of the earth against them because of Manasseh the son of Hezekiah king of Iudah for that which he did in Ierusalem This Manasseh had committed many wickednesses by Idolatrie and the shedding of innocent blood as we may see in the one and twentieth Chapter of the second of the Kings for which evills the Lord grievously punished the people of Israel Manasseh shed over much innocent blood untill he had filled Ierusalem even to the mouth with his sins wherewith he made Iudah to sinne that it might do evill before the Lord Therefore because Manasseh King of Iudah did these most vile abominations above all that the Amorites had done before him and made the Land of Iudah to sin in his uncleanesse therefore thus saith the Lord God of Israel Behold I will bring evill upon Ierusalem and Iudah that whosever shall hear both his ears shall tingle c. In summe if the Iews had not thus permitted their King to be wicked WITHOVT PVNISMENT they had not been so grievously punished by God We ought to pull and cast away even our eye that offends so a hand and foot c. If the Israelites had thus DEPOSED Manasseh by consent and suffrages of all or the greatest part of the multitude they had not been so grievously punished of God So Zuinglius with whom even B. Bilson himself in some sort accords who in desending interpreting his opinion confesseth That it is a question among the Learned What Soveraigney the whole people of Israel had over their Kings confessing that the peoples rescuing Ionathan that he â—â—ed not when Saul would have put him to death Davids speech to the people when he purposed to reduce the Arke all the Congregations speech and carriage toward Rehoboam when they came to make him King with the peoples speech to Ieremy Thou shalt die the death have perswaded some and might lead Zuinglius to think that the people of Israel notwithstanding they called for a King yet RESERVED TO THEMSELVES SVFFICIENT AVTHORITY TO OVERRVLE THEIR KING IN THOSE THINGS WHICH SEEMED EXPEDIENT AND NEEDFVLL FOR THE PVBLIKE WELFARE else God would not punish the people for the kings iniquity which they must suffer and not redresse Which opinion if as Orthodox as these learned Divines and Iosephus averre it not onely quite ruines our Opposites Argument but their whole Treatises and cause at once But fiftly I answer that subiects not onely by command of Gods Prophets but of God himself and by his speciall approbation have taken up Arms against their Idolatrous Princes to ruine them and their Posterities A truth so apparent in Scripture that I wonder our purblinde Doctors discern it not For did not God himself notwithstanding his frequent conditionall promises to establish the Kingdom of Israel on David Solomon and their Posterity for Solomons grosse Idolatry occasioned by his Wives tell Solomon in expresse terms VVherefore for as much as this is done of thee and thou hast not kept my Covenant and my Statutes which I have commanded thee I will surely REND THE KINGDOM FROM THEE and will give it to thy servant Notwithstanding in thy dayes I will not do it for David thy fathers sake but I will rend it out of the hand of thy son Did not the Prophet Abijah in pursuance hereof rending Ieroboams garment into twelve pieces tell him Thus saith the Lord the God of Israel behold I will rend the Kingdom out of the hand of Solomon and will give ten tribes to thee And I will take the Kingdom out of his sons hand and will give it unto thee even ten Tribes and I will take thee and thou shalt reign according to all that thy soul desireth and shalt be King over Israel and I will for this afflict the Seed of David Yea did not ALL ISRAEL upon Solomons death when Rehoboam his son refused to grant their iust requests at their coming to Sechem to make him king use this speech to the king What Portion have we in David neither have we inheritance in the son of Iesse to your Tents ô Israel now see to thine own house David Whereupon they departed and fell away from the house of David everafter and made Iereboam King over all Israel And doth not the Text directly affirm Wherefore Rehoboam hearkned not unto the people for the cause was from the Lord that he might perform the saying which the Lord spake to Abijah unto Ieroboam the son of Nebat After which when Rehoboam raised a mighty Army to reduce the ten Tribes to obedience the Word of the Lord came to Shemaiah the man of God saying Speak unto Rehoboam and all the house of Iudah and Benjamin Thus SAITH THE LORD Ye shall not go up to fight against your brethren the children of Israel return every man to his house FOR THIS THING IS FROM ME They hearkned therefore to the word of the Lord and returned to depart according to the word of the Lord. Lo here a