justice that Tyrants and the subverters of Law and the Republike should be curbed charity that the oppressed should be releeved and have a helping hand extended But those who take away these things take away piety justice charity from among men and desire them to be altogether extinguished So he If this then be an irrefragable verity that forraine States and Princes are so farre obliged to assist and relieve those of the same Religion and all others whose liberties rights priviledges are forcibly invaded which our Parliament and State by their assistance if the Netherlands and other Protestant States both in Quaene Elizabeths King James and King Charles his reigne approved and justified both by words Acts of Parliament and reall performances then certainly those of the self-same Church Nation Kingdom and fellow Subjects under the self-same Prince betweene whom there is a farre nearer relation much stricter obligation and more strong ingagements ought mutually to aide and assist each other to the uttermost of their abilities when their Religion Lawes Liberties be violently invaded their dearest native Countrey wasted sacked plundered burned ruined in a hostile warre-like manner with open force of Armes either by the King himselfe or a prevailing Malignant Popish faction who have surreptitiously possessed themselves both of his person and affections which they have gotten into their owne over-ruling power How much then it now concernes every reall Protestant within this Realme of England and all other his Majesties Dominions to unite all their common forces together unannimously to protect defend maintaine and propagate our established reformed Religion fundamentall Lawes Liberties the very Priviledges of Parliaments their estates liberties lives the peace welfare and common good of their dearest native Countrey and our three united Realmes against all Popish Malignant forces now in armes to invade eclipse impaire subvert sacke ruine them and how monstrously unnaturally unchristianly and detestably impious treacherous perfidious all those English Irish and Scottish Protestants proclaime themselves to the present and future age who now trayterously joyne their forces with the Malignant Popish party or prove uncordiall false treacherous and perfidious to their Religion Liberties Countrey and the Parliment who have not onely waged imployed but confided in them and contribute their uttermost endeavours to betray enslave undermine and to sacke burne and totally overturne them as many we finde have done to their eternall infamy I here referre to every mans judgement and conscience seriously to determine Certainly such unnaturall monsters such trayterous Judasses such execrable infamous Apostates as these can expect no other reall remuneration of this their treachery and perfidiousnesse but the ruine of their credits the detestation of their persons memories the confiscation of their estates the extirpation of their families the execrations of all good men the severest judgements of God and utter confusion with horrors of conscience tormenting them constantly day and night whiles they continue languishing under all these miseries here and the sharpest torments the very largest dangers the hottest flames in hell for ever hereafter and those Antichristian Papists who now are and have beene so faithfull active zealous couragious industrious liberall bountifull if not prodigall to prosecute their owne interests designes to maintaine and propagate their false erroneous detestable Religion superstitions idolatries both in England and Ireland with the effusion of their bloud expence and forfeiture of all their estates and never yet deserted or became treacherous to their false execrable cause or Religion in the least degree shall all joyntly rise up in judgement against them both here and hereafter to their sempiternall infamy reproach and most just condemnation O consider this all yee who now so much forget neglect betray both your God your Christ Religion Lawes Liberties Countrey Parliament yea your very selves your soules bodies and posterities Consider with your selves the bitter curse denounced by God himselfe against Meroz Judg. 5. 23. Consider the fatall dismall end of treacherous Judaâ— Matth. 27. 3. 4 5. Acts 1. 18. 19 20. Consider that dreadfull speech of our Saviour Christ Marke 8. 35 36 37 38. Whosoever will save his life shall lose it but whosoever shall lose his life for my sake and the Gospels shall save it For what shall it profit a man if he shall gaine the whole world and lose his owne soule or what shall a man give in exchange for his soule whosoever therefore shall be ashamed of me and of my word in this adulterous and sinfull generation of him also shall the sonne of man be ashamed when he commeth in the glory of his Father with the holy Angels If we suffer with him we shall also reigne with him if we deny him he will also deny us If we be but fearfull in the cause of Christ we shall be sure to have our part in the lake that burneth with fire and brimstone Rev. 21. 8. O what then will be our portion if we be unzealous negligent perfidious to it or professed enemies especially in open armes against it when it cries out to us for our necessary assistance every where If Jesus Christ will render tribulation to them which doe but trouble his people yea and shall be very shortly revealed from Heaven with his mighty Angels in flaming fire taking vengeance on all them that onely know not God and that obey not the Gospel of Jesus Christ who shall be punished with everlasting destruction from the presence of the Lord and from the glory of his power 2 Thes 1. 6. to 10. O where shall all those ungodly sinners Rebels and Traytors appeare who now every where murther plunder persecute extirpare Gods dearest Saints and not onely refuse to owne but even desert betray the cause of God and their Countrey who refuse not onely cordially maintaine the very truth of God the Gospel of Christ and which themselves in shew not onely pretend to know but professe but also joyn with Papists and Malignants openly to fight against and totally to suppresse it Certainly if judgement shall beginne at the house of God it selfe as now it doth and if the righteous who defend the cause of God and the Kingdome shall scarcely be saved what these mens dreadfull end and judgement at last shall be transcends my thoughts to conceive my expressions to relate all I can say is this it will be superlatively miserable and grievous that eternity of incomprehensible torments will onely be able to demonstrate the infinity and execrablenesse of their sinne O then let all of all sorts consider seriously of this and all the premises and the Lord give them understanding and grace to keepe a good conscience and discharge their severall trusts and bounden duties faithfully cheerefully to their God Religion King Countrey and the Parliament in all things that so they may enjoy the honour comfort benefit of all their faithfull endeavours to defend promote and propagate Religion Lawes liberties and the publike welfare here and the Crowne the full guerdon of them hereafter and poore bleeding dying England and
THE FOVRTH PART OF THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Parliaments Right and Interest in ordering the Militia Forts Ships Magazins and great Offices of the Realme is manifested by some fresh Records in way of Supplement The two Houses Imposition of moderate Taxes and Contributions on the People in cases of extremity without the Kings assent when wilfully denyed for the necessary defence and preservation of the Kingdome and their imprisoning confining of Malignant dangerous persons in times of publicke danger for the common saâ—ety are vindicated from all Calumnies and proved just Together with an APPENDIX Manifesting by sundry Histories and Foraine Authorities that in the ancient Kingdome of Rome the Roman Greeke German Empires the old the present Graecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polonian Behemian Danish Swedish Scottish with other Foraine Kingdomes yea in the Kingdomes of Judah Israel and other Gentile Royalties mentioned in Scripture the Supreame Soveraigne Power resided not in the Emperours or Kings themselves but in the whole Kingdome Senate Parliament State People who had not onely Authority to restraine resist yea call their Emperours and Kings to an account but likewise when they saw just cause to censure suspend deprive them for their Tyranny vices mis-government and sometimes capitally to proceed against them With a briefe Answer to the contrary Objections and tenne materiall Observations confirming all the Premises By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Olaus Magnus l. 8. c. 32. De Iniquis Consiliariis c. 33. Iniqui Consiliarii aiunt Regem nihil injuste facere posse quippe omnia omniunt ejus esse ac homines etiam ipsos-Tantum vero cuique esse proprium quantum Regis Benignitas ei non ademerit c. Vtcunque sit multi Principes his similibus consiliis consiliariis facti sunt enules miseri infames inhabiles in se posteritate sua amplius gubernandi Principis itaque Officium est ut non secus curet subditos quam fidelis Pastor oves ut dirigat foveat conservet It is this tenth day of July Ordered by the Committee of the House of Commons concerning Printing that this Booke Intituled The fourth Part of the Soveraign power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior John White Printed at London for Michael Sparke Senior 1643. To the READER Courteous Reader I Here present thee with the last Part of The Soveraigne Power of Parliaments and Kingdomes and An Appendix in pursuance of it abundantly manifesting from the very fundamentall Constitutions Lawes Customes Resolutions Remonstrances Oathes Inaugurations Elections Ceremonies Histories publique Transactions Treaties Agreements Wars of Forain Empires Emperors Realmes Kings States Senates Diets Parliaments in all Ages and the most judicious foraine Authours of all sorts That whole Kingdomes Parliaments Senates States Nations collectively considered have ever constantly enjoyed in all Ages Nations the most Soveraigne Jurisdiction and Authority and beene Paramount their Kings and Emperours who were and are subordinate accountable for their actions to them and copiously refuting the fond erroneous fancies of all illiterate flattering Court-Doctors Theologasters Lawyers Statists who without any shadow of Truth or Reason audaciously averre the contrary not so much to flatter or seduce their Princes as to advance themselves against whom the contrary constant practice and resolutions of most lawfull Kingdomes that either are or have beene in the world from Adams dayes till now shall unanimously rise in judgement and passe a most Catholike irreversible sentence on them for their notorious flatteries and Impostures For mine owne particular as I have alwayes beene and ever shall be an honourer a defender of Kings and Monarchy the best of Government whiles it keepes within the bounds which Law and Conscience have prescribed So I shall never degenerate so farre beneath the duty of a Man a Lawyer a Scholar a Christian as to mis-informe or flatter either nor yet out of any popular vain-glory court either Parliaments or People to the prejudice of Kings just Royalties but carry such an equall hand betweene them as shall doe right to both injury to neither and preserve support their just Legall severall Soveraignties Jurisdictions Rights within their proper limits without tyrannicall invasions or seditious encroachments upon one another to their mutuall and the Republickes prejudice It fares with Regall and Popular Powers usually as with Seas and mighty Rivers if they violently breake downe or swellingly overflow their fixed bankes they presently cause an Inundation and in stead of watering surround and drowne the Countries round about them for a season sometimes for sundry yeares ere they can be perfectly drained and their bankers repaired to confine them to their ancient proper Channels of which we have present sad experience written in Capitall red Bloody Letters throughout the Realme To redresse prevent which overflowing mischiefe for the future I have without feare or flattery of any humane Power or party whatsoever by Publicke Authority divulged this last and the three preceding Parts of this Discourse together with the Appendix all hastily collected and more confusedly compacted through want of time and sundry interrupting Avocations then I desired wherein I have impartially according to my judgement conscience defended nought but ancient undoubted universall Truthes of reall State-Policy and true Theologie almost forgotten in the world yea cryed Preached Printed down for erronious seditious Paradoxes if not Treasons by Sycophants and Malignants in these later ages out of a cordiall affection as much as in me lyeth to restore and settle the weale tranquillity and safety of my bleeding dying Country now miserably distracted wasted consumed every where through the long foreâ—plotted conspiracies of Romish Priests and Jesuites to subvert the Protestant Religion and our Realmes upon a pretended quarrell unhappily raised by them betweene the two much mistaken Grand Soveraigne Jurisdictions of King and Parliament Crowne and Kingdome now miserably clashing one against the other through ignorance and mistakes and trying their Titles in the open field BY BATTAILE in stead of Law by the Sword of the Souldier not of the Spirit the onely proper peaceable Judges in these Quarrels by which alone they can and must be finally resolved settled else neither King nor kingdome can be ever quiet or secure from dangers and Commotions I dare not presume to arrogate to my selfe a Spirit of in-errability in the grand Controversies here debated wherein I have travelled in no beaten common road No doubt Generall Nationall Councells Parliaments Popes Kings Counsellors Statesmen Lawyers Divines all sorts of men both may and usually doe erre from Truth especially in Questions which concerne their owne Jurisdictions Honours Profits and so may I. But this I darewith safe conscience protest to all the world that I have not willingly erred in any particular and if I have casually failed in any thing out of humane frailty I shall upon better information acknowledge and retract it
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 Cavalliers proceedings of this nature are cleerly most direct violations of this Law And that which puts this past dispute are the severall Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right it self all which expresly resolve that this very objected Law of Magna Charta extends onely to the King himselfe his Privy Councell Judges Justices Officers and inferiour Courts of Justice but not unto the supream Court of Parliament which no man for ought I finde ever yet held to be absolutely obliged by it before the Kings late recesse from Parliament The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or leavied BY US AND OUR HEIRS not the Parliament in our Realme without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free men of the Land which the Statute of * 25. Edward 1. thus explains But by the common consent of the Realme The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus If it be not by common consent of the Prelatos Earles Barons and other great men and Commons of our said Realme of England AND THAT IN PARLIAMENT The Statute of 25. Edward the third cap. 8. thus If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT The Statute of 36. Edward the third cap. 11. thus That no Subsidie nor other charge be set nor granted upon the Woolls by the Merchants nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT The Statute of 45. Edward 3. cap. 4. thus It is accorded and stablished That no imposition or charge shall be put upon Woolls Woollfels or Leather othâ—r then the custome and subsidie granted to the King WITHOUT THE ASSENT OF THE PARLIAMENT and if any be it shall be repealed and holden for none And the Petition of Right 3. Caroli thus By which Statutes and other good Statutes of this Realm your Subjects have inherited this freedom that they should not be compelled to contribute any Taxe Tallage Custome Aide or other like charge not set BY COMMON CONSENT IN PARLIAMENT Now it is as evident as the noonday sunshine that these Acts onely extend to the King his Heirs Councell Officers inferiour Courts and private Subjects onely and that the Parliament is precisely excepted out of the very intent and letter of them all having free power to impose on the Subjects what Aids Taxes Tallages Customes and Subsidies they shall deem meet by the expresse provision of all these Laws concerning the granting and imposing of Subsidies Therefore by the direct resolution of these Acts the Kings his Councellors present contributions assessements and ransoms imposed on the Subjects are illegall against the letter and provision of all these Acts but the Parliaments and Houses lawfull approved and confirmed by them True will Royallists and Malignants answer who have no other evasion left but this If the King were present in Parliament and consenting to these contributions and taxes of the twentieth part there were no doubt of what you alleage but because the King is absent and not only disassents to but prohibits the payment of this or any Parliamentary Assessments by his Proclamations therefore they are illegall and against these Laws 1 To which I answer First that the King by his Oath duty the ancient custom and Law of the land ought of right to be alwayes present with his Parliament as he is now in point of Law and not to depart from it but in cases of urgent necessity with the Houses free consents and then must leave Commissoners or a Deputy to supply his absence This is not onely confessed but proved by a Booke lately printed at Oxford 1642. with the Kings approbation or permission intituled No Parliament without a King pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested That Kings were and ought to be present in their Parliaments which I have formerly cleared If then the King contrary to these Presidents his Oath Duty the Laws and Customs of the Realme the practice of all his Progenitors the rules of nature which prohibit the head to separate it selfe from the body and will through the advice of malignant Councellours withdraw himselfe from his Parliament yea from such a Parliament as himselfe by a speciall Act hath made in some sort perpetuall at the Houses pleasure and raise an Army of Papists Delinquents Malignants and such like against it and that purposely to dissolve it contrary to this very Law of his for its continuance why this illegall tortious act of his paralleld in no age should nullifie the Parliament or any way invalid its Impositions or Proceedings for their own the Kingdoms Peoples and Religions preservation all now indangered transcends any reasonable mans capacity to apprehend 2. The right and power of granting imposing assenting unto Assessements Taxes Subsidies and such like publique charges in Parliament for the publique safety rests wholly in the Commons and Lords not King and is their owne free act alone depending no waies on the Kings assent nor necessarily requiring his personall presence in Parliament This is evident First by the expresse letter of the forecited Acts No Subsidy Tax Ayde
was good to binde all the Inhabitants there because it was for the publike good Mich. 31. and 32. Eliz. in the Kings Bench William Jefferies 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 where by 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 Jury 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 Infant 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 Junius 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 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 Majesties 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
they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very Promises Articles Agreements which they never faithfully observe to any in the least degree and all this to ruine the Kingdom People Parliament and Religion yet they justifie these their actions and the Parliament People must not controule nor deem them Traytors to their Country for it And may not the Parliament then more justly impose a moderate in-destructive necessary taxe without the King for the Kingdoms Religions and Peoples defence and preservations against their barbarous Taxes Plunderings and Devastations then the King or his Commanders Souldiers play such Rex and use such barbarous oppressions without yea against the Parliaments Votes and consents Let them therefore first cease their own most detestable unnaturall inhumane practises and extortions of this nature and condemn themselves or else for ever clear the Parliament from this unjust Aspersion The last Objection against the Parliament is That they have Illegally imprisoned restrained plundered some Malignants and removed them from their habitations against Magna Charta the Fundamentall Laws forenamed and the Liberty of the Subject contrary to all Presidents in former Ages To which I answer First That the Objectors and Kings party are farre more guilty of this crime then the Parliament or their Partisans and therefore have no reason to object it unlesse themselves were more innocent then they are Secondly For the Parliaments imprisoning of men pretended to be against Magna Charta I answer first That the Parliament is not with in that or any other Law against imprisonments as I have formerly cleered Therefore is not obliged by it nor can offend against it Secondly That it hath power to imprison restrain the greatest Members of their own Houses though priviledged men exmept from all other arrests and publike persons representing those that sent them thither Therefore much more may they imprison or restrain any other private persons notwithstanding Magna Charta And the Parliament being the supreamest Judicaturo paramount all other Courts their commitments can not be Legally questioned determined nor their prisoners released by Habcas Corpus in or by any other inferior Court or Judicature whatsoever 3. The Parliament hath power to make new Laws for the temporall and perpetuall imprisonment of men in mischievous cases where they could not be imprisoned by the Common Law or any other Act before or since Magna Charta and so against the seeming letter of that Law w ch extends not to the Parliament and what persons they may restrain imprison by a new enacted Law though not restrainable before by Magna Charta or the Common Law without breach of either they may whiles they sit in case of publike danger restrain imprison by their own Authoritie without or before a new Law enacted In how many new Cases by new Statutes made since Magna Charta the Subjects may be lawfully imprisoned both by Judges Justices Majors Constable and Inferiour Courts or Officers whereas they could not be imprisoned by them by the Common Law before these Acts without breach of Magna Charta and violating the Subjects Liberties you may read in the Table of Rastals Abridgements of Statutes and in Ashes Tables Title Imprisonment and False-Imprisonment Yea by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Mary cap. 3. 5. and 6. E. 6. cap. 1. 1. Eliz. cap. 2. with other Acts perpetuall imprisonment during life is inflicted in some cases for which no imprisonment at all could be prescribed before these Acts and for crimes for which the parties were not formerly punishable yet for the publike weale peace safety and prevention of private mischiefs even against the Letter as it were of the great Charter the Parliament hath quite taken away all liberty the benefit of the Common Law and of Magna Charta it self from parties convicted of such offences during their naturall lives and if they bring an Habeas Corpus in such cases pretending their perpetuall imprisonment and these latter Laws to be against Magna Charta they shall notwithstanding be remanded and remain prisoners all their dayes because the Parliament is above all Laws Statutes yea Magna Charta and may deprive any Delinquents of the benefit of them yea alter or repeal them for the common good so farre as they see just cause Though neither the King nor his Counsell nor Judges nor any Inferiour Officers or Courts of Justice have any such transcendent power but the Parliament alone to which all men are parties really present and allowing all they do and what all assent to decree for the common good and safetie must be submitted to by all particular persons though never so mischievous to them this being a Fundamentall Rule even in Law it self That the Law will rather suffer a private mischief then a generall inconvenience Seeing then the Parliament to prevent publike uproars sedition treachery in or against the Kingdom Cities Houses or Counties where factious persons live hath thought meet to restrain the most seditious Malignants especially these about London and Westminster where they sit and to commit them to safe custody till they receive some good assurance of their peaceable behaviour they must patiently suffer their private restraints for the common safety tranquility till the danger be past or themselves reformed who if they reform not their own malignity not the Parliaments cautelous severity themselves must be blamed since they detain themselves prisoners only by not conforming when as the Parliament desires rather to release then restrain them if they would be regular and so they must blame themselves alone not clamour against the Houses All Leprous persons by the Leviticall and Common Law were to be sequestred and shut up from others least they should infect them and so all persons visited with the Plague by late Statute Laws may be shut up without breach of Magna Charta Why then not Malignant seditious ill affected persons who infect others in these times of Commotion and Civill Warres as well as Leapers and Plague sick persons removed into Pest-houses for fear of spreading the Infection upon the self-same grounds by the Houses Authority The Parliament by an Ordinance Act or Sentence hath Power to banish men out of the Kingdom in some cases which no other Court nor the King himself can lawfully dâ— as was expresly reâ—olved 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. 19. E. 1 Of Pâ—irce Gavaston and the two Spencers in King Haward the second his raign Of the Lord Maltravâ—rs in Edward the third his raign Of Bâ—lknap and divers over Judges in the 10 and 11 yâ—ers of Richard 2. his
the mediation of timorous men he made peace with the Barons for a time promising inviolably to observe the Provisions of Oxford that all the Kings Castles thoroughout England should be 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 which 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 Longshamp Bishop of Ely Lord Chancellour of England Earl John 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 one 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 for 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 bears 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 Sudsidies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or seduce or withdraw others by 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 doctrines 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 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 Invocency 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 Yorkâ—s 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 ruine the Parliament Kingdom Religion and re-establish Popery in its universall extent with the large progresse the Papists have lately made in Ireland Scotland and England to accomplish this their long-agitated Conspiracie and the late strange proceedings in Ireland where the best Protestants are displaced disgraced restrained the Popish Rebels advanced and a truce negotiated if not fully concluded with the Rebels to the end that all their forces may be speedily transported hither to ruine our Religion and cut all our throats enough to awake the most stupid English spirits and rouze them up to a speedy unanimous resolution to unite all their purses and forces to the Parliament against the Popish Conspirators and these bloody Butchers now ready to devoure us and then I douâ—t not if they have any true love to God Religion King Countrey themselves or their Posterities they will soon change their former opinions and practises against the Parliaments just proceedings and joyn hearts hands forces yea their uttermost endeavours with them to prevent and ward off that imminent destruction which now hangs over our heads and will in short time wholly ruine us if God open not our eyes and unite not all our hearts and mindes unto the Parliament with one unanimous resolution to oppose these cursed Confederates who have plotted occasioned all these warres and miseries under which our Kingdomes now groan and languish which long plotted Treacherie in humane probabilitie can no wayes be prevented nor a settled peace and Reformation established but with the totall suppression of the Popish partie now in Arms and by rescuing His Majesties person Children forces out of their Trayterly hands and power whose death they have conspired long agoe if he refuse to grant them an universall open toleration of their Antichristian Religion in all His Kingdoms and then to seise upon the Prince and train him up in their Religion which how easie it is for them to effect now they have the King Prince the Kings Ports his Forces in their power yea potent Armies of their own in the field here and such a force of Irish Rebels now ready to be shipped over to Chester Milford and Bristoll for their assistance and enforcement to over-power the Protestant party in the Kings Armies no understanding man can without fear and trembling coâ—sider O then if ever we will shew our selves faithfull valiant couragious magnanimous bountifull really cordiall and loyall to our King Kingdoms Countrey Parliament Religion Laws Lives Liberties Kinred Families Posterities Let all who professe themselves Protestants lay aside all causelesse jealousies and prejudices against the Parliament or any others and now speedily unite all their Prayers Hearts Hands Purses Forces Counsells and utmost endeavours together to defend secure them all against these forraign and domestice Jesuiticall Romish Confederates and if any prove traiterous fearfull cowardly unfaithfull base or faint-hearted in this publike Cause as too many who deserve to be made spectacles of treachery and cowardise to posteritie and cannot without injustice or dishonour to the Parliament and Kingdom be suffered to scape scot-free without severe exemplary punishment have done to their eternall infamy and betraying of their Countrey the present generations shall abhorre them posteritie curse and declaim against them as most unnaturall Monsters unworthy to breath in English ayre or enjoy the name the priviledges of English men or Protestants There is a double kinde of Treachery in Souldiers both of them adjudged Capitall The first proceeds from a sordid pusillanimous fear unworthy the spirit of a Souldier and this is Câ—pitall both by the Civill and Common Law By the Civill Law The Souldiers who first begin to flye or but fain themselves sick for fear of the Enemy are to be adjudged to death for this their cowardize Yea Lacaena and Dametria two magnanimâ—us Women slew their timorous sonnes who fled basely from the battle with their own bands disclaiming tbem as degenerous Brats and not their sonnes the latter of them inscribing this Epitaph on her sonnes Tombe Hunc timidum Mater Dametriam ipsa peremit Nec dignum Matre nec Lacedaemonium Indeed Charondas and the Thurians enacted That cowards who basely fled or refused to bear Arms for their Countries defence should set three dayes one after another in the open Market-place clad in Womans apparell a punishment farre worse then death it self writes Diodorus Siculus whereas all other Lawyers made it Capitall yea our Common Law adjudgeth it Treason Witnesse the notable Cases of Gemines and Weston 1. R. 2. num 38 39. who were adjudged Traytors in Parliament for surrendering two Castles in France onely out of fear when they were strongly besieged and battered sooner then they needed without any compliency with tbe enemy The Case of Jobn Walsh Esquire accused of bigh Treason in Parliament against the King and Kingdom for yeelding up the Castle of Cherburg in France to the enemy when as he might have defended it And the Case of Henry Earl of Essex in the second yeer of Henry the second accused of high Treason by Robert de Monfort and vanquished by him in a Duell waged thereupon for throwing down the Kings Standard which he bare by inheritance and flying in xpassing a straight among the Mountains when fiercely encountred by the Welsh For which though his life was pardoned yet he was adjudged to be shorne a Monke put into the Abbey of Reading and had his Lands seised into the Kings hands And as for treacherous revolting to or delivering up Castles to the Enemy it is Capitall and high Treason by all Laws and so resolved in Parliament 3. R. 2. in the Case of Thomas Ketrinton Esquire accused of high Treâson by Sir John Annâ—sley Knight for delivering up the Castle of Saint Saviour in the Isle of Constantine to the French for a great summe of Money when as he neither wanted provisions nor means to defend it As for those unnaturall Vipers and Traytors who shall henceforth after this discovery joyn with the Popish Conspirators to ruine their Religion Countrey and the Parliament for private ends as Count Julian the Spaniard joyned with the Mores An. Dom. 713. whom he brought into Spain his native Countrey furiously pursuing his own private injury with the Ruine of the publike I shall onely bestow his Epitaph upon them with which I shall conclude this Treatise Maledictus furor impius Juliani quia pertinax indignatio quia dura vesanus furià ammimosus furore oblitus fidelitatis immâ—â—or religionis contemptor divinitatis crudelis in se homicida in vicinos reus in omnes Memoria ejus in omni ore amarescit nomen ejus in aeternum puâ—â—escet FINIS AN APPENDIX Manifesting by sundry Histories and Authors that in the ancient Roman Kingdome and
for the Admirals safetie he commands the Captaines of his Guards to give him as many of his Guard as he pleased to suffer no Papist to enter his lodging and adviseth all the Gentlemen Protestants then in Paris to lodge about the Admirals lodging But all this Court Holy-water was onely to keep every Bird within his owne nest and a Pitfall to entrap the chiefe of the Protestants For the same day after dinner the King and Queene Mother the Duke of Guise and others take counsell to murther the Admirall and all the chiefe Protestants the night ensuing not onely in Paris but thorowout all France whiles they were sleeping in their beds Which most tyrannicall barbarous Tragedie was accordingly acted the Admirall slain in his lodging and his head cut off carryed to the King and Queen Mother who causing it to be embalmed sent it to the Pope and Cardinall of Lorrain for an assurance of the death of their most capitall enemy all the Protestants Noblemen and Gentlemen lodging in the Admiralls Quarter undergoe the like Butchery the Streets of Paris are strewed with Carkases the pavements market places and river dyed with Protestant blood about ten thousand of them being thus treacherously massacred in their beds at such a season when 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 matchlesse 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 divers 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 a mighty army into the field to ruine them without hope of rising So they arme on all sides especially in Poictou the Protestants are besieged assaulted in many places and so manfully repulse their assaâ—lauts 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 a vowed their â—aking 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 succession 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 insticting 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 authoritie 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 Noble men of both religions foreseeing these practices and refusing to assist at this pretended Parliament concluded a 〈◊〉 of all that should be decreed to prejudice the former Edict of Pacification protesting that they were resolved to maintaine themselves in the Rights Liberties and freedomes which the Edict had granted them That the troublers of the publike quiet and sworne enemies of France should finde them in a justâ—d fence and they should answer before God and men for all the miseries that should ensue thereby Yea the Prince of Conde answered more sharply That he did not acknowledge them assembled at Bloys for the Estates of the Realme but a Conventicle of persons corrupted by the sworn enemies of the Crowne who have solicated the abolition of the Edict to the ruine and subversion of the Realm That if they had beene lawfully called he would have assisted for the sincere affection he beares to the Kings service and the quiet of his Countrey that he with never give his consent to the counsels of the Authors of so many confusions which he foresee c. Hereupon a sixt civill Warre begins betweene these Catholike Leaguers and the Protestants whose good successe caused the King An. 1580. to make a new peace with the Protestants and grant them their former immunities The Leaguers discontented herewith begin to cast forth Libels against the King disgrace him in companies as a Sardanapalus and idle Chilpericke sit to be shaved and thrust into a Cloyster They cause the Preachers publikely in all places to terme him a Tyrant an Oppressor of his people by Taxes and a favourer of Heretikes And under a pretence of suppressing Heretickes reforming publike oppressions and settling the succession of the Crowne in case the King should die without Heire they contrary to the Kings command who disavows them and forbids all leavyes of warre raise a great Army and so enforce the king to publish a Declaration in his owne justification and to procure his peace with them to revoke all Edicts made in favour of the Protestants and make open warre against them Hereupon the King of Navarre next Heire apparent to the Crowne for preservation of his owne interest and the Protestants complains against the kings proceedings layes open the mischievous Plots of the Leaguers and then with the Prince of Conde and other Nobles Gentlemen Provinces Townes and Commonalties of both Religions He protests by a lawfull and necessary defence to maintaine the fundamentall lawes of families and the Estates and libertie of the King and Queene his Mother The Leaguers hereupon procure Pope Sextus the fift to excommunicate the king of Navar and Prince of Conde to degrade them and their Successors from all dignities from their pretentions to the Crowne of France and to expose their Countries and persons in prey to the first that should seize on them The Court of Parliament declares this Bull of the Pope to be void rash insolent strange farre from the modestie of former Popes pernicious to all Christendome and derogating from the Crowne of France The Princes likewise protest against and appeale from it as abusive and scandalous to the next free and lawfull Councell The Leaguers pursue their begun warres against the King of Navarre and Protestant party who protest to use all lawfull meanes to resist the violence of their enemies and cast all the miseries that shall ensue upon the Authors thereof Fresh warres are hereby prosecuted against the Protestants by the Leaguers German Forces come in to ayde the Protestants after macombates the King desires peace but the Leaguers will have none and assembling at Nancy they endeavour to force the King to make his Will and allow the Regency unto them to which end they conclude That the King should be urged to joyne his Forces effectually with the League To displace such from their Offices as should be named To bring in the in the Inquisition of Spaine and publish the Councell of Trent but with a moderation of such things as derogate from the priviledges of the French Church To consent to the restauration of the goods sold by the Clergy for the charges of the warre To give them Townes to be named and fortified as the time and necessitie required To forfeit the Huguenots bodies and goods and to entertaine an Army upon the frontiers of Lorraine against the Germanes After which the Duke of Guise approaching to Paris enters it against the Kings command who was jealous of him mutinies the Citizens against the King who thereby is forced to retire from thence for feare of being surprized by the Duke who plotted to seize his Person After which the Duke by the Queene Mothers mediation is reconciled to the King who for feare of his power by an Edict of re-union admits no religion but the Popish promiseth never to make Peace nor Truce with the Heretikes nor any Edict in their favour bindes his subjects to sweare never to yeeld obedience after him to any Prince that shall be an Heretike or a favourer of Heresie degrades from all publike charges either in peace or war those of the Reformed Religion promiseth all favour to the Catholikes declares them guilty of High Treason who shall refuse to signe to this new union and shall afterwards depart from it But signing this forced Edict he wept To establish which Edict and work their further ends the Leaguers cause the King to summen a Parliament of the 3. Estates at Bloyes procuring those of their faction to be chosen of this Assembly where establishing the former extorted Edict they thereby exclude the King of Navarre an Heretike as they deemed him from the Crowne of France to which he was next Heire An Heretike cannot reigne in France it is an
men and then spoiled and burned the Towne Coâ—ntry with all places else that were firme to the King betweene whom and the kings party a bloody civill warre to the spoyle of the Countrey continued above two yeares space with various successe till at last with much difficulty this fire was extinguished and the King casually slaine with the breaking of a Cannon whose sonne James the 3. being but 7. yeeres old was proclaimed king in the Campe and the Queen Mother made Regent till a Parliament might be called to settle the government but when the Parliament assembled upon the Oration of Kenneth Archbishop of Saint Andrewes shewing the Inconveniences and unfitnesse of a womans Government they Elected 6. Regents to governe the King and Realme during his minority After which Bodius was made Vice-roy This king being seduced by ill Courtiers and Councellors which corrupted him thereupon divers of the Nobles assembling together resolved to goe to the Court to demand these ill Councellors and seducers of the King and then to execute them which they did accordingly and that with such fury that when they wanted cords to hang some of them they made use of their horses bridles and every one strave who should be forwardest to doe this execution The king promising reformation was dismissed but in steed of reforming he meditated nothing but revenge blood and slaughter in his minde and plotting secretly to murther the Nobles in Edenburg by the helpe of Earle Duglasse he detesting the fact and revealing the Treachery thereupon the Nobles who formerly desired onely his reformation tooke up Armes to destroy him as one incorrigible and implacable whereupon they made the Kings sonne Vice-roy and knowing the kings perfidiousnesse would yeeld to no termes of peace unlesse he would resigne up his Crown to his son which he refusing thereupon they gave him battle and slew him as a common enemie After which calling a Parliament they created his son Iames the fourth king who comming under the power of the Duglasses rescued himselfe at last from them and invading England Anno. 1542 when he proclaimed Oliver Sincleer his favorite Generall the Scottish Nobility tooke it in such indignation that they threw downe their weapons and suffered themselves to be taken prisoners whereupon the king growing sicke with griefe and anger soone after dyed Anno. 1555. Mary the Daughter of king Iames the sixth of Scotland and heire to the Crowne being within age her mother Queene Mary by common consent was made Regent and shee by common consent and councell of the Nobles married to Francis Dolphine of France In the meane time there hapning some troubles and warres about the reformed Religion which many of the Nobles and people there contented for the Queene Mother granting those of the Religion a confirmation of their liberties and Religion by way of Truce for 6 moneths she in the meane time sends for Souldiers out of France wherewith she endeavoured to suppresse Religion with the remaining liberty of the Scots and to subject them to the French Whereupon the Nobles of Scotland who stood for the defence of their Religion and Liberties by a common decree in Parliament deprived the Queene Mother of her Regencie make a league with our Queene Elizabeth being of the reformed Religion and receiving ayde both of men and money from her besieged the Queene Mother in Edenburgh Castle where she dyed of griefe and sicknesse After which they expelled the French and procured free exercise of the Reformed Religion In the meane time Francis dying the Queene sends for Henry Steward out of England where he and his Father had beene Exiles marries and proclaimes him king Iuly 29. 1564. which done she excluded the Nobility from her Councells and was wholly advised by David Ritzius a Subaudian whom she brought with her out of France and did all things by his Councell wherewith the Nobles being much discontented finding him supping with the Queene in a little Chamber commanded him to rise out of the place which did little become him and drawing him out of the Chamber stabbed him to death Anno. 1565. The Queene soone after was delivered of a sonne and heire Iames the 6. and then admits Iames Hepburne Earle of Bothwell into most intimate familiarity with her setting him over all affaires of the Realm granting nothing to any petitioner almost but by him and her husband Steward being dead whether of a naturall death or poyson is yet in controversie she married Bothwell openly without the Lords and Parliaments consents Hereupon the Nobles tooke up armes against Bothwel and the Queen besieged the Queen till she rendred her selfe prisoner upon this condition that she should adjure and resigne her interest in the Crowne and Kingdome to her infant sonne which they compelled her to performe and appointed Iames Earle of Morton Vice-roy and Protector during the Kings Minority In the meane time the Queene was committed prisoner to the Castle of the Isle of the Lake Leuine where corrupting Duglasse her keeper the Earle of Mortons Nephew and a shipmaster she escaped to the Hamiltons in safety who having raised Forces to free her waited her comming on the shoare But the Vice-roy scattering these forces soone after the Queene thereupon fled into England Anno. 1568. Where Queene Elizabeth taking her expulsion ill laboured that she might be restored to the Crowne which could not be effected but by Armes or mediation and neither of them without knowledge of the cause Whereupon the Queene sent for the Vice-roy and Councell of Scotland into England to answere the complaints of their Queene against them which they did in a writing composed by Buchanan and afterwards Printed both in Latine and English wherein they shewed the grounds and order of their proceedings against their Queene wherewith the Queene and Councell were satisfied that they had proceeded rightly and orderly yet to keepe both sides in suspence she pronounced no definitive sentence The Vice-roy departing into Scotland was afterwards murthered by the Hamiltons and Matthew Steward Earle of Leseux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Northfolke about a match with him and to seise upon the Realm of Scotland whereupon he was committed to the Tower and she restrained after which she was solemnly arraigned and condemned to death by the Parliament of England for conspiring Queene Elizabeths death c. and for it beheaded at Fotherringham Castle Feb. 8. 1587. The History of which Queenes life is more at large related by Buchanan and others and her imprisonment and Deposition professedly justified as lawfull by his Treatise De Iure Regni apud Scotos compiled for that purpose to which I shall referre the Reader What the Lords and Realm of Scotland have done within these 5. yeers last past in defence of their Religion Lawes Liberties by holding generall Assemblies Parliaments taking up armes seising the Forts and Ammunition of the Realm and marching into England against the
Kings consent and Proclamations is so fresh in memory so fully related in the Acts of Oblivion and Pacification made in both Parliaments of England and Scotland ratified by the King himselfe and in particular Histories of this Subject that I shall not spend time to recite particulars but will rather conclude from all the premises with the words of Buchanan The Ancient custome of our Ancestors in punishing their Kings suffers not our forcing of the Queene to renounce her right unto the Crowne to her sonne to seeme a Novelty and the moderation of the punishment shewes it proceeded not from envie for so many Kings punished with death bonds banishment by our Ancestors voluntarily offer themselves in the ancient Monuments of Histories that we neede no forraigne examples to confirme our owne act For the Scottish Nation seeing it was free from the beginning created it selfe Kings upon this very Law that the Empire being conferred on them by the suffrages of the people if the matter required it they might take it away againe by the same suffrages of which law many footsteps have remained even to our age for in the Islands which lye round about us and in many places of the Continent wherein the Ancient language and constitutions have continued this very custome is yet observed in creating Governours likewise the Ceremonies which are used in the Kings inauguration have also an expresse image of this Law out of which it easily appeares that a Kingdome is nothing else but the mutuall stipulation betweene the people and their Kings the same likewise may be most apparently understood out of the inoffensive tenor of the ancient Law preserved from the very beginning of raigning among the Scots even unto our age when as no man in the meane time hath attempted not onely not to abrogate this Law but not so much as to shake it or in any part to diminish it Yea whereas our Ancestors have deprived so many Kings as would bee tedious to name of their Realme condemned them to banishment restrained them in prisons and finally punished them with death yet there was never any mention made of abating the rigor of the Law neither perchance undeservedly since it is not of that kinde of Lawes which are obnoxious to the changes of times but of those ingraven in the mindes of men in the first originall of mankinde and approved by the mutuall consent well-nigh of all Nations which continue unbroken and sempiternall together with the Nature of things and being subject to the commands of no man domineere and rule over all men This law which in every action offers it selfe to our eyes and mindes and dwels in our brests will we nill we our Ancestors following were alwayes armed against violence and suppressed the unrulinesse of Tyrants Neither is this Law proper onely to the Scots but common to all well-ordered Nations and People as the Athenians Lacaedemonians Romanes Venetians Germanes Danes which he there manifests by examples So that I may hence infallibly determine the Realme Parliament and Nobles of Scotland collectively considered to be the Soveraigne power in that Realme superiour to the Kings themselves from whom I shall proceede to Scripture Presidents in the Kings and Kingdomes of the Gentiles Israel and Iudah recorded in Scripture The Kings of the Gentiles Israel and Iudah Now least any should object that all the forecited Examples and Authorities are but humane and no convincing evidences to satisfie the Conscience That whole Kingdoms States and Parliaments are above their kings and of greater power then they I shall therefore to close up this Posterne Gate of Evasion conclude with Scripture Presidents ratifying this truth beyond all contradiction To begin with Heathen kings and States therein recorded I read in the 1 Sam. 29. and 1 Chro. 12. 19. That when David with his men offered to go with Achish and the Philistines against King Saul his Soveraign and the Israelites to Battell and passed on in there reward with Achish the Princes of the Philistines seeing it said What do these Hebrews here To whom Achish answered Is not this David the servant of Saul King of Israel which hath been with me these years and I have found no fault in him since he fell unto me unto this day Hereupon the Princes of the Philistines were wroth with him and taking advice together said to their King Achish Make this fellow returne that he may goe again to his place which thou hast appointed him and let him not go down with us to Battell lest in the Battell he be an adversary to us for wherewith should he reconcile himself to his Master should it not be with the Heads of these men Is not this David of whom they sang one to another in dances saying Saul slew his thousands and David his ten thousands Then Achish called David and said unto him Surely as the â—ord liveth thou hast been upright and thy going out and coming in with me in the Host is right in my sight for I have not found evill in thee since the day of thy coming neverthelesse the Lords favour thee not wherefore now return and go in peace that thou displease not the Lords of the Philistines And when David replied What have I done c. that I may not fight against the Enemies of my Lord the King Achish answered him I know thou art good in my fight as an Angell of God notwithstanding the Princes of the Philistines have said HE SHALL NOT GOE VP WITH VS TO BATTELL wherefore rise up early in the morning with thy Masters servants that are come with thee and assoon as ye have light depart whereupon they returned Here we see the Lords of the Philistines did peremptorily overrule their king against his will who durst not contradict them therefore they had a Power superiour to his as will further appear by 1 Sam. 5. 7 8 9 10 11. and ch 6. 1 to 13. where when the Ark of God was taken by the Philistines the Lords and People of the Philistines not the King met consulted and ordered how it should be removed from place to place and at last sent it back again So Ahasuerus the great Persian Monarch was advised over-ruled by his Councell of State as appeareth by the case of Queen Vashti Ester 1. and what his Princes thought meet to be done that he decreed and proclaimed verse 19 20 21 22. So Artaxerxes king of Persia did all things of moment by the advise of his Counsellors and Princes Ezra 7. 28. and Chap. 8. 25. Great Nabuchadnezzar King of Babylon Dan 3. 2 3. 24. chap. 4. 32 to 36. was for his pride driven from men put to eat grasse with Oxen for aspace till he knew that the most High ruleth in the Kingdoms of men After which his understanding and reason returned to him and the glory of his Kingdom and his Councellors and Lords sought unto him and established him in his Kingdom he being over-ruled and counselled
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 fit 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 Protestant 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 likewise 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 at 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 vest 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 man for the City Ierusalem was chosen out of the Tribe of Benjamin This will be made more evident by examples Ieremie being sent by God to denounce the overthrow of the City Ierusalem is for this first condemned by the Priests and Prophets that is by the Ecclesiasticall judgement or Senate after this by all the People that is by the ordinary Iudges of the Citie to wit by the Captains of thousands and hundreds at last by the Princes of Iudah that is by the 71 men sitting in the new Porch of the Temple his cause being made known he is acquitted Now they in that very judgement expresly condemn King Iehoiakim who a little before had most cruelly slain the Prophet Uriah threatning like things Also we reade elsewhere that King Zedekiah did so much reverence the Authoritie of this Sanhedrin that he durst not free the Prophet Jeremie thrust by these 71 men into a filthy prison but likewise 〈◊〉 dared to translate him into the Court of the Prison from thence yea when they perswaded him to consent to Jeremiah his death he answered that he was in their hands and that he could not contradict them in any thing Yea he fearing lest they should enquire into the conference which he privately had with Ieremie as if he were about to render an account of the things which he had spoken forgeth a lie Therefore in this Kingdom the States or Officers of the Kingdom were above the King I say in this Kingdome which was instituted and ordaintd not by Plato or Aristotle but by God himself the Author of all order and the chiefe institutor of all Monarchy Such were the seven Magi in the Persian Empire the Ephori in the Spartan Kingdom and the publike Ministers in the Egyptian Kingdome assigned and associated to the King by the People to that onely end that He should not commit any thing against the Lawes Thus and much more this Author together with Con. Superantius Vasco who published this Treatise to all pious and faithfull Princes of the Republike giving large Encomiums of its worth as also the Author of the Treatise De Iure Magistratus in Subditos p. 253 254 255 256. 268 to 275. whose words for brevity I pretermit Bp. Bilson in his forecited passages and Hugo Grotius De Iure Belli pacis l. 1 c 3. sect 20. p. 63 64. where he confesseth That if the King of the Israelites offended against the Lawes written concerning the Office of a King he was to be scourged for it and that the Sanhedrin had a power above their king in some cases Finally the Kings of Israel and Iudah were not superior to nor exempted from the Lawes but inferiour to and obliged by them as well as Subjects This is evident not onely by the premises but by sundry impregnable Texts As Deut. 17. 18. 19. 20. where God himselfe in the very description of the office and duty of their King prescribes this in direct termes as a part of his duty And it shall be when He sitteth on the Throne of this Kingdome that he shall write him a Copy of This Law in a Booke out of that before the Priestic and Levites And it shall be with Him and He shall read therein All the dayes of his life that he may learn to feare the Lord his God To keep all the words of the Law and these Statutes to doe them that his heart be not lifted up above his brethren and that He turn not aside from the Commandement to the right hand or to the left seconded by Iosh 7. 8. This Booke of the Law shall not depart out of thy mouth but thou shalt meditate therein day and night that thou maist observe to doe according to all that is written therein turne not to it from the right hand or to the left for then thou shalt make thy way prosperous and then thou shalt have good successe Hence it was that as soon as ever Saul was elected and made King by Samuel and the people he being the first of their Kings Samuel told the people the manner of the Kingdom and wrote it in a Booke and laid it up before the Lord which Booke
both of the Church and Christian world but especially of the sacred Empire Therefore resolving that this mischiefe destructive to the whole Christian Republike was by no meanes to be any longer borne and tolerated with a minde well confirmed after many and various debates and consultations both betweene our selves as also with other Princes and Nobles of the sacred Empire seriously had for the safety of the Church the consolation of the Christian world the honour and profit of the sacred Empire we have thought meet that the foresaid Lord Wenceslaus should at this time be wholly removed from the Roman sacred Empire and all its dignity as one that is negligent and a destroyer of the Empire and unworthy of it Therefore we John Archbish in the name of the foresaid Lords Coelectors of the sacred Empire and our owne moved both with the commemorated as also with many other notable defects and causes by this our sentence which we give and pronounce by this our present writing DEPRIVE and REMOVE the foresaid Lord Wenceslaus aâ— an unprofitable negligent waster and unworthy Defender of the sacred Empire from the foresaid Roman Empire and from all his degree dignity and Dominions appertaining to the same denouncing to all the Princes Nobles Knights Gentlemen Cities Provinces and Subjects of the sacred Roman Empire that they are altogether free from all homage and Oath made to the person of Wenceslaus in the name of the Empire requiring and admonishing them under the faith of the Oath wherewith they are obliged to the sacred Empire that they doe not henceforth obey and submit to the said Lord Wenceslaus as the King of Romans nor exhibit or suffer to be exhibited to him any right obedience tribute rent or any other revenue bâ— what name soever it may be called but reserve the said duties for a profitable and idoneous King of Romans hereafter to be substituted by Gods gracious assistance In assurance and testimony of all which things We John Archbishop of Mentz have caused this present Instrument to be made by the subscribed Notaries in this patent forme and our great Seale to be affixed thereunto This premised sentence was read and pronounced by us John Archbishop of Mentz in our name and the names of the Lords Coelectors before remembred under the Castle Lonstein at the Rhene in the Diocesse of Triers reaching towards Brubachium out of a publike Throne erected for the use of a Tribunall the Lords Coelectors sitting there in judgement in the yeare of our Lords Incarnation 1400. the eight indiction on Saturday the twentieth day of the month of August a little before the time of the Nones in the eleventh yeare of the Papacy of our most holy Father and Lord in Christ Lord Boniface the ninth Pope by divine providence in the presence of the most illustrious Princes and Lords John sonne of the most illustrious Prince and Lord Rupert Duke of Bavaria and Count Palatine of Rheine Fredericke Burgrave of Norimberge the Noble Philip Lord of Nassau and Sarbrucke Emichon of Luringen John of Zigenhaim Cunrade Burgrave our Canon of Mentz Earles Bernhard of Westerburg John of Limpurge Rinehard of Honowe Barons Mr. Nicholas Berwin of the sacred Page John of Witenburg and Nicholas Burgman of the Decrees Mr. Herman President of Saint Gerion of Colen Doctors of the Law likewise the valiant Knight Sigfride of Lindow our Vice-Commander in Ringaugia John Bossen of Waldeck our Buggrave Beckelnheim and our trusty Henry Rulman of Dadenberg Gerard of Emerberg Lord in Lantscron Fredericke of Sachenheim Culman of Coneren John of Dalburg Rudolfe of Zeissikon as also many other Lords Knights and Gentlemen spirituall and secular standing by in great member called and requested to the things above written And I Nicholas Berchtoldi Fridberg Clerke publike Notary of the Diocesse of Mentz by Episcopall and Emperiall authority and sworne Scribe of my foresaid most gracious Lord Lord John Archbishop of Mentz because at that time I was personally present when this sentence which we have fore-writ was given and pronounced together with the publike Notaries and witnesses commemorated and saw and heard all these things to be done therefore at the command and request of my foresaid most gracious Lord of Mentz have reduced this publike instrument faithfully put in writing into publike forme and have subsigned and ratified it with my accustomed signe of Notariship having likewise annexed the great Seale of my foresaid Lord of Mentz in assurance and testimony of all thâ—â— premises The names of the Notaries are Nicholaus Berchtoldi Fridburgensis Joannes Meier junior Gasterveldensis Conradus a Leiborn Clericus Padebornensis diâ—cesis Henricus Stalberg Rotenbergensis Tilmannus a Honberg Conradus Coler Zustensis Coloniensis diaecesis Finally it is evident that the Nobles Magistrates Parliament and representative body of the people or some part of them in default of the rest may lawfully take up defensive armes to resist their Princes endeavouring to abrogate the Law of God to waste the Church and extirpate the true Religion setled among them by the Lawes and usher in Idolatry And that in such a case as this neighbour Princes and States lawfully may yea and ought in point of conscience to aide the Subjects of other Princes afflicted for the cause of pure Religion professed by them or oppressed by open Tyranny These propositions are largely and professedly debated by Junius Brutus in hisVindiciae contra Tyrannos quaest 1. 2. 4. throughout in the Treatise intituled De Jure Magistratus in Subditos spent wholly in this Theame Georgius Obrectus Disput Jurid de Principiis Belli Num. 125. to 199. byVasquius Contr. Illustr 36. n. 30. and elsewhere by Albericus Gentilis and sundry others forecited I shall onely fortifie the later part thereof with the observation of the Duke of Rhoan who acquaints us that it is and hath beene of later yeares the very true interest honour and greatnesse of the Kings and Queenes of England both in point of policy and Religion to protectâ— and assist with armes all Princes of the Reformed Protestant Religion in France Germany and other parts as it is the true interest of the Kings of Spaine to protect and releeve all oppressed or grieved Roman Catholicks under the Dominion of other Princes and that their honour safety and greatnesse principally consists in the observation and maintenance of this their interest and with the words of Junius Brutus who thus states and debates the Question An Jure possint aut debeant Vicini Principes auxilium ferre aliorum principum subditis religionis causa afflictis aut manifesta tyrannide oppressis In defining this question saith he there is more need of conscience then science which would be altogether idle if charity obtained its place in this world But because as the manners of the times are now there is nothing more deare or rare among men then charity it selfe we thinke meete briefely to discusse it The Tyrants as well of soules as bodies as
b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the impositions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremity This I shall further cleare by some ancient and late judgements in point Mich. 14 Ed. 2. rot 60. in the Kings Bench William Heyborne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Nor guilty the Jury found a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Markes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespasser Which case was agreed for good Law by all the Judges in the late Case of Ship-money argued in the Exchequor Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance whereof they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted The Lords and Commons considering what a solâ—mne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Protestant Religion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the samâ— 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 oâ—lige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searcheâ— and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assert of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assessing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Term being then adjourned thither from London by reason of the Plague with a pâ—nalty to beâ—lâ—â—yed by distresse for non-payment of this Tax