THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Divided into FOVRE PARTS Together with AN APPENDIX Wherein the Superiority of our owne and most other Foraine Parliaments States Kingdomes Magistrates collectively considered over and above their lawfull Emperours Kings Princes is abundantly evidenced confirmed by pregnant Reasons Resolutions Precedents Histories Authorities of all sorts the contrary Objections re-felled The Treachery and Disloyalty of Papists to their Soveraignes with their present plots to extirpate the Protestant Religion demonstrated And all materiall Objections Calumnies of the King his Counsell Royallists Malignants Delinquents Papists against the present Parliaments proceedings pretended to be excceding Derogatory to the Kings Supremacy and Subjects Liberty satisfactorily answered refuted dissipated in all parâ—iculars By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Gal. 5. 1. Stand fast therefore in the Liberty wherewith Christ hath made you free and be not intangled againe with the yoke of bondage Psalm 2. 10 11. Be wise now therefore Oye Kings be instructed ye Iudges of the earth serve the Lord in feare and rojoyce with trembling It is this second day of August 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke Intituled The Soveraigne power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. TO THE Right Honourable Lords Commons Assembled in and continuing Constantly with this present PARLIAMENT both in Person and Affection ETernally Renowned Senators and most cordiall Philopaters to Your bleeding dying dearest Country from which no menacing Terrors of armed Adversaries nor flattering Promises of hypocriticall Court-friends could hitherto divorce your sincerest Affections and withdraw your undefatigablest Industries in the least degree to its betraying or enslaving I here humbly prostrate to your most mature Iudgements and recommend to your Highest Noblest Patronage this Quadruple Discourse OF THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES now at last compacted into one intire Body though formerly scattered abroad in dismembred Parts rather out of necessity to gratifie others then conveniency to content my selfe in which as Your Honours have the greatest Interest so it is just and equall You should enjoy the absolutest Propriety being compiled by Your Encouragement Printed by Your Authority published for Your Iustification to vindicate your indubitable ancient Soveraign Priviledges from the unjust Detractions Your legall necessary late Proceedings from the malicious false unjust Aspersions of those Royallists Malignants intemperate Pens Tongues Who like naturall bruite beasts made to be taken and destroyed speake evill of the things they understand not and shall perish in their owne corruption Cursed children who have forsaken the right way and are gone astray following the way of Balaam the sonne of Bosor who loved the wages of unrighteousnesse but was rebuked for his iniquity I must ingenuously confesse that the Subject matter and grand publicke Differences betweene King Parliament yea betweene most Kings and Kingdomes in the world herein debated are of such an extraordinary rare transcendent nature of such infinite universall consequence weight concernment yea so full of dangerous Precipes Rockes if not inextricable difficulties on either hand as might justly require not onely one person of the exquisitest judgement Heroicallest Spirit greatest experience deepest Policy absolutest abilities vastest knowledge in all kindes of Learnings States Governments and most exempt from all other imployments that might interrupt him in these kindes of Studies but even an whole Parliament or Oecumenicall Councell of the most experienced ablest learnedest wisest Statists in the Universe and many yeares most advised consideration exactly to ventilate and determine them Which consideration might have justly daunted yea quite deterred me the meanest of ten thousand furnished with no competent abilities and having scarce one vacant houre but what I have borrowed from my naturall rest to accomplish so vast an undertaking from this most difficult weighty publicke service sufficient to sinke the strongest Hercules if not Atlas himselfe the worlds supporter But yet the Goodnesse the Commonnesse of the Cause which concernes our whole three Kingdomes Parliaments Religion and every one of our well-beings in this present world the deare affection I beare to my native Country Religion Posterity Parliaments and your Honours the defect of other Advocates to plead this publicke Cause seconded with the private earnest intreaties which were as so many Commands to me of some Members of Your Honourable Assembly to undertake this weighty taske their authorizing my rude Collections for the Presse were such strong exciting ingagements to me to undertake this difficult imployment that I chose of two extreames rather to discover mine owne insufficiency in an impotent speedy discharge of this great service so farre transcending my weake indowments than to shew any want of sincerity or industry in deserting this grand Cause in a time of need It beeing one chiefe Article of my beliefe ever since I first read the Scriptures and Tullies Offices That I was principally born for my Countries good next to Gods glory involved in it Upon which ground I have ever bent all my Studies to promote it what I might though to my particular losse and disadvantage The sole end I aime at in these Treatises is the re-establishment of my bleeding expiring Countries endangered Liberties Priviledges Rights Lawes Religion the curing of her mortall wounds the restauration of her much desired Peace in truth and righteousnesse the supportation of Parliaments the onely Pillars Bulwarkes of our Church State Lawes Liberties Religion in their perfect lustre and full Soveraigne Authority the removall of those present grievances differences Warres arising principally from ignorant or wilfull mistakes of the Parliaments just Priviledges and the Kings due Prerogatives which threaten present ruine to them all for whose future prosperity security I could with Moses and Paul heartily wish my selfe to be blotted out of the Booke of life and to be accursed from Christ neither count I may life limbes liberties or any earthly comforts deare unto me so I may any wayes promote Gods glory and the publike welfare And certainely had the most of men in publike places but Heroicke publike Spirits as I make no doubt all Your Honours have byassed with no private Interests or base selfe-respects studying nothing but the common-good our present unnaturall warres would soone be determined our greatest differences easily reconciled our foraine Irish French Walloon Popish Forces brought in to cut our English Protestants and their Religions throats before our faces at which horrid spectacle I wonder all English spirits rise not up with unanimous indignation in stead of joyning with them easily expulsed our remaining Grievances speedily redressed our disordered Church Reformed our Pristine Peace and Prosperity restored yea entayled to us and our Posterities for ever whereas the private selfe-ends selfe-interests of some ambitious covetous malicious treacherous timerous publicke persons who serve no other Deity Majesty or
Republicke but themselves alone have most shamefully imbroyled betrayed and endangered both our Kingdoms Parliaments Liberties Religion Properties yea all the blessings we formerly enjoyed whose names and memories shall be ever execrable to all Posteritie upon Earth their Soules Bodies eternally tortured in hel without repentance for this their inhumane unchristian Treachery and Realme-destroying Church-subverting selfe-seeking detestable both to God and Men. To conjure downe such base degenerous private spirits to the infernall pit or else to elevate and inflame them with great heroicke publike thoughts there is nothing more effectuall in my weake apprehension than the well-grounded knowledge serious study and full vindication of such publike Truthes concerning Publike Governement and the Soveraigne Iurisdiction of Parliaments Kingdomes Magistrates People as are here debated ratified freed from those blacke aspersions of sedition faction rebellion treason conspiracy mutiny singularity disloyalty and the like which sordid Sycophants selfe-seeking Monopolists Courtiers Royallists or malignant Delinquents have most injuriously cast upon them to delude the world which long obscured Truthes though they may seeme dangerous Paradoxes and upstart Enthusiasmes at the first proposall to many ignorant seduced Soules kept over long in Cymmerian darkenesse by those Aegyptian taske-masters who have studyed to increase and perpetuate their bondage Yet upon serious examination will prove to be most ancient indubitable Verities universally received beleeved practised by most Realmes and Nations in the Universe from the beginning of Monarchy till this present and the contrary received opinions to be but the vaine empty Braine-sicke lying fancies of a few illiterate impolitick Court-Chaplaines Lawyers Sycophants who never dived into the Principles Constitutions Lawes Histories of States and Realmes or into the true originall grounds of Regall Regnall Popular or Parliamentary Iurisdictions and writ onely to flatter Princes to purchase honour gaine or favour to themselves without any respect at all to Verity or the Common good which never entred into their narrow private thoughts What entertainement these New-published common Truthes are like to find in Court and elsewhere among many men I may easily conjecture by that ingrate requitall Your Honours have received from them for all your faithfulnesse paines cost diligence service for the Publike safety Never did any Parliament in England deserve halfe so well as this for their indefatigable labours night and day almost three whole yeares space together for the Common good Yet never was any halfe so ill requited Never did any demerit greater publike applause never any underwent halfe so many vile Libellous reproaches slanders of all sorts even for well-doing and that not onely in vulgar Discourses but in Presse and Pulpit too Never did Parliament in any age sit halfe so long or doe halfe that worke or get any such publike establishment as this and yet all our Parliaments put together were never so much opposed traduced secretly conspired against or openly assaulted with armed violence to dissolve and ruine them as this one alone against whom not onely the Pope with all his Antichristian Members at home and abroad but which is almost a Miracle not formerly heard of in any age both King Queene Prince Privy Counsellors Courtiers yea divers Nobles and Members of both Houses contrary to their owne Protestations have utterly deserted it yea bent all their policies wits Forces together to dissolve and null it and in it all future Parliaments as no Parliament at all but as an Assembly of obstinate refractory Traytors and Rebels when as all your Actions Proceedings Declarations Protestations proclaime you nothing lesse yea the best-deserving Parliamentary Assembly that ever this Nation was blessed with and those Heroicke Champions who have lately regained resetled as farre as humane Lawes and Ordinances can secure them our lost at least decayed Liberties Lawes Priviledges Religion in despite of all oppositions and utterly suppressed that confederated Triumvirate of the Counsel-chamber Starchamber and High-Commission which had almost enthralled us in more than Aegyptian bondage and resolved to detaine both us and our Posterity under it without the least hopes of any enfranchisement Never were there halfe so many publike regall Protestations Declarations Proclamations Oathes Remonstrances solemnely made and published to the world for the inviolable preservation of all just Rights and Priviledges of Parliament as there have beene in this and yet never were there so many apparent violations of the undoubted Rights and Priviledges of Parliament in all former ages whatsoever as in this one Parliament onely now at last so far affronted by open Proclamation even against an Act of Parliament passed by the King and both Houses when fullest to be Proclaimed to the world No Parliament at all but a meere factious seditious Conventicle Which how inconsistent it is with other former Oathes Protestations let all wise men judge However this may be some good incouragement to your Honours and My selfe too that if all his Majesties solemne Printed Protestations Oathes Proclamations Remonstrances to his people and all the world with deepest imprecations on himselfe and his Posterity to maintaine the Lawes and Liberties of the Subject the just Priviledges and power of Parliaments and Protestant Religion to the utterrmost be as cordially as really intended as they are pretended your Honourable proceedings and these my polemicall Discourses really defending vindicating the indubitable Priviledges of Parliaments the Subjects Liberties Lawes and our Religion against all Opposites whatsoever cannot but finde most gracious acceptation with his Majesties owne person yea with all his Counsellors Courtiers Cavalliers who beare any sincere affection either to the Parliaments Priviledges their Countries Liberties or Religion which all doubt an Army of English Irish Outlanding Papists will hardly fight for or maintaine but really subvert if possible However Your Honours kinde favourable entertainment and Noble Patronage of these my unworthy publicke Labours of which I cannot doubt accompanyed with the consciousnesse of my owne sincerity and loyalty in the whole contexture of them though some out of malice envy or flattery may and will misconster them as they have done other of my Writings to my great dammage and danger shall be a sufficient Sanctuary to secure both Me and them against all adverse Powers and Detractions whatsoever and if I chance to suffer any future hard measure of what kinde soever for doing my Country or Your Honours the best and faithfullest service I am able I shall repute it my greatest honour my chiefest felicity and chearefully undergoe it through Gods assistance not as a Crosse of infamy but a Crowne of Glory And so much the rather because your Honours have formerly taken up this Magnanimous resolution yea sealed it with solemne publike Coveâ—ants and Protestations to live and dye in the just defence of your Priviledges Country and Religion never so much indangered banded against by foraigne and domesticke Papists Atheists as now and never to desert them whiles you have one drop of blood in your veines or any breath
direction this observable Prayer somewhat altered by the now Arch-prelate of Canterbury in the latter Editions to pleasure his Friends the Papists To that end strenghthen the hand of our gracious King the Nobles and Magistrates of the Land with Iudgement Sâ—p justice to cut off these workers of iniquity the Papists whose Religion is rebellion whose faith is faction whose practise is murthering of Soules and bodies and to roote them out of the confines of this Kingdome I cannot but stand amazed yea utterly confounded in my selfe at the Impudency and Treachery of those pernicious Counsellors who in affront of all these Lawes and premises have issued out sundry Commissions under his Majesties hand and seale to divers notorious Papists not onely to furnish themselves with all sorts of Armes and Munition but likewise to meete together armed and raise forces in the Field to fight against the Parliament Kingdome and Protestant Religion even contrary to divers his Majesties late Printed Declarations and Protestations to all his loving Subjects advanced them to places of great trust and command in his Majesties severall Armies procured them free accesse unto if not places of note about his sacred person as if they were his loyallest Subjects his surest guard as many now boldly stile them and more to be confided in then his best and greatest Councell the Parliament whom they most execrably revile as Rebels and Traytors the more colourably to raise an Army of Papists to cut their throats and the throat of our Protestant Religion first as they have already done in Ireland and then last of all his Majesties in case he refuse to become the Popes sworne vassall or alter his Religion which he hath oft protested and we beleeve he will never doe But I desire these il counsellors of the worst edition to informe his Majesty or any rational creature how it is either probable or possible that an army of papists should secure his royall person Crowne Dignity or protect the Protestant Religion the Parliament or its Priviledges to all which they have shewed themselves most professed enemies We all know that Popish Recusants obstinaâ—ely refuse to take the Oath of Supremacy or Allegiance some of them that tooke it having beene excommunicated by their Priests for a reward The summe of which Oath is That they doe truly and sincerely acknowledge and professe That the Pope hath no authority to depose the King or to dispose of any his Kingdomes or to authorize any foraine Prince to invade his Countries or to discharge any his Subjects from their Allegiance to his Majesty or to licence any of them to beare armes or raisetumults against him or to offer any violence or hurt to his royall Person State Government Subjects That notwithstanding any Declaration Excommunication or deprivation made or granted by the Pope or any Authority derived from him against the King his Heires and Successors or any absolution from their obedience they will beare faith and true allegiance to them and them protect to the uttermost of their power against all conspiracies and attempts whatsoever against their Persons Crowne and Dignity by reason of any such sentence or Declaration or otherwise And that they doe from their hearts abhorre detest abjure as impious and hereticall this damnable Doctrine and position professedly maintained by English Papists else why should the Parliament prescribe and they absolutely refuse to take this Oath that Princes excommunicated or deprived by the Pope may be deposed or murdered by their Subjects or any other whatsoever Will those then who refuse to take this Oath or abjure this King-deposing King-killing Popish Doctrine harbouring a Sâ—eminary Priest in their Tents and a Pope in their hearts prove a faithfull guard to his Majesties Person Crowne Kingdomes Will those who so oft conspired the death and attempted the murthers of Queene Elizabeth and King Iames onely because they were Protestants and Defenders of the Protestant Faith now cordially protect and assist King Charles without attempting any thing against his Crowne or Person who hath lately made and published so many Protestations and Declarations that he will never imbrace nor countenance Popery but most resolutely Defend and Advance the Protestant Religion and makes this one principall motive how truely he taketh Heaven and Earth to witnesse of his present taking up of Armes Will they thinke you spend their lives for King and Parliament who but few yeares since lost their lives for attempting by a traine of Gunpowder to blow up both King and Parliament Will those secure his Majesty in his Throne now he is actually King of England who would have murthered him in his Cradle ere he was Prince to forestall him of the Crowne of England Can those prove really royall to his Majesty and his Royall Posterity who would have blowne up him and all his Royall House at once even long before he had posterity In a word if ancient presidents will not convince us are those who for two yeares last past or more have beene labouring with might and maine to uncrowne his Majesty and utterly extirpate the Protestant Religion by horrid conspiracies and force of Armes in Ireland and are now there acting the last Scene of this most barbarous bloudy Tragedy likely to spend their dearest bloud in fighting for the preservation of his Majesties Crowne and the Protestant cause in England if this onely be the reall quarrell as is speciously pretended Or will any of that Religion who within these three yeares have by force of Armes both in Catalonia Portugall and elsewhere revolted from and cast off their allegiance to their owne most Catholicke King to set up others of the same Religion in his Tribunall for their greater advantage put to their helping hands to establish his Majesty the most Protestant King in his regall Throne admit it were really not fictitiously indangered to be shaken by the Parliament Certainly if the ground of this unnatural warre be such as these ill Counsellors pretend they would never be so farre besotted as to make choyce of such unfitting Champions as Papists for such a designe who are very well knowne to be the greatest enemies and malignants of all others both to King Kingdome Religion Parliament whose joynt destructions what ever these ill Counsellors pretend is questionlesse the onely thing really intended by the Popish party in this warre as the proceedings in Ireland the introducing of foraine the raising of domestick Popish Forces the disarming of Protestants and Arming Papists with their Harnesse clearely demonstrate to all whom prejudice hath not blinded Now that I may evidence to these pernicious Counsellors and all the world how dangerous how unsafe it is to his Majesty to the Kingdome to put Armes into Papists hands and make use of them to protect the Kings person or Crowne I shall desire them to take notice both of the Papists traiterous Doctrine and Practise in these three particulars they maintaine First That
may justly it must necessarily be restrained diminished or resumed by the Parliament from whose assent or grant it first proceeded and that onely for the publique weale not prejudice of the people The Emperour Otho the first and our King Richard and second as some imagine voluntary resigned relinquished their Crownes to their immortall honour to prevent the effusion of their Subjects blood by civill warres and settle peace within their Realmes and shall not other Kings then most joyfully part with some Punctilioes of their reall or branches of their supposed Prerogatives for the selfesame ends if their Parliaments see good cause to resume them and of right may doe it Fifthly The King though he be the chiefe and principall yet he is onely one member of the Parliament and kingdome the least because but one person though the highest branch the Lords and Commons not elected by but assigned Counsellors to the King by the kingdome and people being the greatest and most considerable part as representing the intire body of the Kingdome Now common reason Law and experience manifests and Aristotle Polit. l. 1. c. 2. with Marius Salamonius de Principatu l. 1. p. 40 41. conclude that the whole or greatest part in all politique or naturall Bodies is of greater excellency power and jurisdiction than any one particular member Thus in all our Corporations the Court of Aldermen and Common Councell is of greater power than the Mayor alone though the chiefe Officer the Chapter of greater authority than the Deane the Deane and Chapter than the Bishop the whole Bench than the Lord chiefe Iustice the whole Councell than the President the whole Parliament then either of the Houses and by like reason than the King especially since one of the three Estates is lesser than the three Estates together who in Parliament by the fundamentall Constitutions of the Realme are not Subordinate but Coordinate parts of the same great Common-Councell of the kingdome It is Aristotles expresse determination that in an Oligarchie Aristocracie and Democracie whatsoever seemes good to the major part of the Governours of the Common-wealth that is ratified that the whole City Kingdome Family is more excellent and to be preferred before any part or member thereof And that it is unfit the part should be above the whole And in all Courts of Justice Corporations and Elections the major part have alwayes had the greatest sway and constantly over-ruled the lesse though it be but by one casting voyce as is evident to all in the Elections of Knights and Burgesses of and votes in the Parliament in which the King Lords and Commons by the Common Law make up but one intire Corporation since then even in Parliament it selfe the major part over-swayes the rest yea the King himselfe who hath no absolute negative voyce but onely in refusing to passe some kind of Bills not all of which more hereafter doubtlesse the whole or major part of the Parliament which in Law is the whole is above the King the chiefe member of it Which consideration together with the Statutes of 5 R. 2. State 2. c. 4. 6 H. 8. c. 16. Enacting That none elected to be in any Parliament shall depart or absent himselfe from the same Parliament till it be fully ended or proâ—ogued without speciall license of the Speaker of the Commons to be entred of Record in the journall Booke under paine of amercement losse of wages other punishment nor any Member of the Vpper House without that Houses license under paine of inditement imprisonment or fine as appeares by the Bishop of Winchesters case 3 E. 3. 19. Fitz. Coron 161. and Stamford l. 3. c. 1. f. 153. compleatly answers that fond cavill of Malignants and Royalists against this Parliament that the King and many of the other Members have wilfully absented themselves from the House of purpose to dissolve it if they could notwithstanding the late speciall Act made by their joynt consents for its continuance Ergo this unlawfull Action of theirs to effect this pernicious designe must nullifie or at least invalid in their new non-sence Law and Logicke the lawfull proceedings of those worthy faithfull members who continue in it to preserve both Parliament Kingdome Religion Lawes Liberties from ruine and dissolution If these absent Members be the greater number why doe they not come and over-vote the rest in the House in a peaceable legall usuall Parliamentary way rather than challenge them into the field in a military illegall unusuall bloody manner unheard of in former ages If the lesser party then present or absent the major part must over-rule them volens nolens as it hath ever used unlesse they will be wilfuller I cannot say wiser than all their predecessors put together As for his Majesties absence from the Parliament by the pernicious advise of evill Counsellors so much insisted on by Malignants I answer First That it was without any just cause given by the Parliament Secondly It was much against their wills who have oft importuned petitioned and used all possible meanes to procure his returne Thirdly His absence was procured and is yet continued by those alone who most unjustly taxe the Parliament for it and would take advantage of this their owne wrong Fourthly though he be personally absent as a man yet he is still Legally present in Parliament called the Kings presence as he is a King as he is in all other his Courts of Justice where all proceedings are entred Coram Rege though the King never yet sate personally in either of them as he hath oft times done in this Parliament for the continuance whereof he hath passed such an Act as will inseparably tye his royall presence to it though the Cavaliers about him should be force with-draw his person from it not onely as farre as Yorke but the remotest Indies yea he must first cease to be King of England ere he can be legally absent from his Parliament of England This his wilfull personall absence from his greatest Counsell which desires and needs it is as many conceive an Act of the highest injustice that ever any Prince could offer of his Parliament worse than Rehoboams forsaking the counsell of his ancient Sages to follow the hare-brain'd advise of his young Cavaelieres for though he followed not their ancient prudent counsell yet he with-drew not himselfe from them as his Majesty now severs himselfe from his Parliament not only without but against all precedents of his Royall predecessors except King Richard the second who once absented himselfe from his Parliament above forty dayes yet then returned to it upon better advise and the very common custome and Law of the Land which he is obliged by his Coronation Oath and many late Protestations added to it constantly to maintaine This appeares most clearely by the ancient Treatise Of the manner of holding of Parliaments in England both before and since the
the Parliament and made some addition to the Kings Prerogative Fifthly Bodin with others as I shall hereafter manifest assure us That the Soveraign Power and Iurisdiction both in the Roman and German Empires and in most forrâ—ign Christian Kingdoms was and yet is in the Senate People Parliaments States Dyets yet this is no empeachment at all to their royall Supremacies or Titles of Supreme Heads and Governours Within their own Dominions no more then the asserting of generall Councells to be above Popes themselves by the learnedst Papists is any derogation as they hold it is not now to the Popes most absolute pretended Soveraignty above all Emperours Kings Princes Prelates Subjects and the world it self of which they affirm him sole Monarch Therefore by the self-same reason this asserting of the whole Kingdoms and Parliaments power to be above the Kings is no diminution at all much lesse a denyall of his Supremacy and just Prerogative Royall If then the Parliaments Power be thus higher and greater then the Kings Personall Power and Jurisdiction out of Parliament it will necessarily follow from hence First That in these unhappy times of division and separation of the Kings Personall presence not legall which cannot be severed from the Parliament The Lords and Commons Orders Votes Ordinances made legally in Parliament it self are to be preferred obeyed by all the Kingdom before any His Majesties Proclamations Declarations Commissions Warrants or Mandates made illegally out of Parliament in affront of both Houses proceedings and Decrees since when ever two distinct powers command different thingâ— that are lawfull or of the same nature the higher Power ought still to be obeyed As if a Master commands his Servant one thing and the King another or the King one thing God another the King is to be obeyed before the Master because the Superiour Power but God before the King because the highest Power as the Fathers and Canonists resolve most fully And Doctor Ferne with other asserters of the Kings Prerogative not only grant but prove And therefore presse an absolute Obedience to all the Kings commands against the Parliament on this false ground Because the King say they is the highest Soveraign Power and above the Parliament it self The contrary whereunto being now made evident to all men The Argument falls fatally on them that urge it The Parliament not the King is the most Soveraign Power Ergâ— Its Votes and Ordinances must be preferred and obeyed before the Kings Yea The Parliament being the highest Power the King Himself ought to submit thereto and to be ruled and advised thereby This conclusion though it may seem a Paradox to most men is an undubitable verity both in point of Divinity and Policy as is most apparent by the 1 Sam. 14. 38. to 46. and c. 29 1 to 11. 2. Sam. 18. 2 3 4. c. 19. 1. to 9. 1 K. 12. 1. to 25. 2. K. 20. 7 8 9. 1 Chr. 13. 1. to 6. 2 Chr. 10. 11. c. 30. 2 3 5 23. c. 32. 3. Esth. 1. 13. to 22. c. 9. 23. to 23. Ierâ— 38. 4. to 28. Dan. 6. 4. to 20 Ionah 3. 7. Ezra 10. 3. 8. Eccles. 4. 13. Prov. 11. 14. c. 15. 22. c. 25. 5. compared together and with Iosh. 20. 11. to 34. Iudg. 20. 1. to 20. where we finde the Princes and people alwayes overruling their Kings who submitted their judgement wholly to them not the Kings overruling their Princes and people who as Iosephus records Antiqu. Iudaeorum l. 4. c. 18. Ought to do nothing besides against or without the sentence of the Senate or Congregation Whence King Zedechiah said unto his Princes Jere. 38. 4 5. The King is not he that can do any thing against you And in point of Law and Conscience even in our own Kings and Kingdom as is clear by 20 E. 3. the Preface and c. 1. 25 E. 3. Parliament 6. the Statute against Provisors 38 E. 3. Stat. 2. c. 1 2 3. 3 E. 1. c. 17. and 48 with other Statutes which I shall hereafter cite at large in answer to the fourth Objection concerning the Kings negative voice which Texts and Statutes those who will may peruse at leisure for their better satisfaction And in Pauls time the highest Powers in Rome were not the Roman Emperours as ignorant Doctors make the unlearned world beleeve but the Roman Senate who had full power not only to elect and command but censure and depose their Emperours and adjudge them unto death as Iohn Bodin acknowledgeth and I shall hereafter abundantly manifest in the Appendix Secondly That the Parliaments resisting of the Kings personall Commands especially such as are illegall and destructive to the Kingdom or any private Subjects resisting them by vertue of a publike Ordinance or Countermand from the Parliament is no resisting of the higher Power against Pauls injunction Rom. 13. 1. to 7. as Doctor Ferne and other illiterated Doctors vainly fancy but a direct submission and obedience to the highest Powers the Parliament and those who resist the Parliaments Ordinances and Commands especially such as tend to the preservation of Religion Laws Liberties Priviledges of Parliament and the Kingdom or bringing Delinquents to condign punishment though they do it by vertue of any extrajudiciall countermand from the King or His ill Counsellors do both in point of Law Divinity Conscience resist the higher Powers because they resist the Parliament which is in truth the highest Power as I have manifested not the King and so shall receive damnation to themselves for it either here or hereafter if they repent not which I seriously desire all those Delinquents Papists Malignants ill Counsellors and Cavaliers to consider who contrary to severall Orders and Declarations of Parliament yea contrary to the Law of God of Nature of the Realm have like unnaturall Vipers taken up offensive Arms against the Parliament and Kingdom to ruine them Religion Laws and Liberties at once Thirdly Hence it follows That the Resolutions and Declarations of the Lords and Commons in Parliament the supremest Court against the Commission of Array Arming of Papists raising of Forces imposing Taxes to maintain Warre against the Parliament Plundering and the like ought to be obeyed and submitted to as lawfull and binding both by the King Himself the Kingdom and every private Subject whatsoever and that the Kings extrajudiciall and illegall Declarations out of Parliament in direct opposition and contradiction to these Resolutions and Votes of both Houses in Parliament ought not to be obeyed the King himself as our Law Books resolve Being no competent Iudge especially out of his Courts what is Law or what not in those Cases but the Parliament only Which extrajudiciall new device of controlling affronting the Resolutions and Declarations of both Houses by opposite Proclamations and Declarations published in his Majesties name is such a transcendent violation of and contempt against the known priviledges the sacred venerable Authority and power of Parliaments
Plundering Cavalliers once come to a legall triall a Gallows will be too milde a punishment to expiate such a prodigious high Treason which former ages can hardly parallel especially if they persevere therein But of this more hereafter Sixthly Hence likewise it necessarily follows that the Houses of Parliament being the Soveraign Power ought of right to enjoy and may when they see just cause for the Kingdoms safety and benefit order the Militia Navy Ports Forts and Ammunition of the Realm and dispose of them into such persons custodies as they may safely conâ—ide in nominate and elect both the great Counsellers publike Officers and Judges of the Kingdom of right require if not enforce if wilfully denied the Kings Assent to all publike Bils of Right and Justice necessary for the Common-weal and safety of his Subjects in which the King hath no absolute Negative voice take up defensive Arms to protect their Priviledges Laws Liberties and established Religion not onely against Malignants and Popish Recusants but the King himself if he raise Forces against them make war upon them against his Royall Oath and duty declaring himself an open enemy to his Parliament and kingdom That they may lawfully in case of present ruine and danger without the Kings concurrence when he shall separate himself wilfully from or set himself against them which the Estates of Aragon held A WICKEDNESSE in their King Alfonso the third impose taxes on the Subject and distrain their goods imprison confine secure their persons for the publike safetie when they deem it absolutely necessary All which with other particulars I shall God willing fully prove by such Demonstrations Arguments punctuall Authorities and undeniable precedents in former ages as shall I trust undeceive the blinded world and convince if not satisfie the greatest Royallists Papists Malignants both in point of Law and Conscience in the next parts of this Discourse Errata and Omissions in some Copies Page 15. l. 43. for Lawes read Courts p. 40. l. 22. consâ—nts may be dissolv by their consents p. 49. l. 44. dele and p. 51. l. 20. Eleventhly r. Eighâ—hly Finis Partis Primae THE SOVERAIGNE POVVER OF PARLIAMENTS KINGDOMES OR Second Part of the Treachery and Disloialty of Papists to their Soveraignes Wherein the Parliaments and Kingdomes Right and Interest in and Power over the Militia Ports Forts Navy Ammunition of the Realme to dispose of them unto Confiding Officers hands in these times of danger Their Right and Interest to nominate and Elect all needfull Commanders to exercise the Militia for the Kingdomes safety and defence As likewise to Recommend and make choise of the Lord Chancellor Keeper Treasurer Privy Seale Privie Counsellors Iudges and Sheriffes of the Kingdome When they see just Cause Together with the Parliaments late Assertion That the King hath no absolute Negative Voice in passing publicke Bills of Right and Iustice for the safety peace and common benefit of his People when both Houses deeme them necessary and just are fully vindicated and confirmed by pregnant Reasons and variety of Authorities for the satisfaction of all Malignants Papists Royallists who unjustly Censure the Parliaments proceedings Claimes and Declarations in these Particulars Judges 20. 1. 2. 8. 9. 10. 11. Then all the Children of Israel went out and the Congregation was gathered together as one man from Dan even to Beersheba c. And ALL THE PEOPLE arose as one man saying We will not any of us go to his Tent neither will we any of us turne into his House But now this shall be the thing that we will doe to Gibeah We will goe up by lot against it And we will take ten men of an hundred throughout all the Tribes of Israel and an hundred of a thousand and a thousand out of ten thousand to fetch victualls for the people that they may doe to Gibeah according to all the folly that they have wrought in Israel Judges 11. 5. 6. 11. And it was so when the children of Ammon made warre against Israel the Elders of Gilead said unto Iepthah Come and be our Captaine that we may fight with the children of Ammon c. Then Iepthah went with the Elders of Gilead and THE PEOPLE MADE HIM HEAD AND CAPTAINE OVER THEM â— â—â—m 18. 3â— 4. And the King said unto the people WHAâ—â—â—â—EMETH YOV BEST I WILL DOE Jer. 38. 4. 5. Then Zedechiah the King said unto the Princes Behold he is in your hand FOR THE KING IS NOT HE THAT CAN DOE ANY THING AGAINST YOV It is this 28 th day of March 1643. Ordered by the Committee of the House of Commons in Parliament concerning Printing that this Booke intituled The Soveraigne power of Parliaments and Kingdomes be forthwith Printed by Michael Sparke Senior Iohn White Printed at London by I. D. for Michael Sparke Senior 1643. To The Reader COurteous Reader our usuall Proverbe concerning Science That it hath no enemies but Ignorants is in a great measure now verified concerning the Proceedings of this present Parliament that few or none malignantly clam or against them but such who are in a great degree Ignorant of our Parliaments just Saveraigne Authority though many of them in their own high-towring conceits deeme themselves almost Omniscients and wiser than an hundred Parliaments compacted into one Among these Anti-parliamentall Momusses there are none more outragiously violent Papists onely excepted in exorbitant Discourses and virulent Invectives against this Parliaments Soveraigne power Priviledges Orders Remonstrances Resolutions then a Company of seemingly Scient though really inscient selfe-conceited Court-Doctors Priests and Lawyers who have so long studied the Art of flattery that they have quite forgot the very Rudiments of Divinity Law Policy and found out such a Divine Legall unlimited absolute royall Prerogative in the King and such a most despicable Impotencie Inanity yea Nullity in Parliaments without his personall presence and concurrence with them as was never heard of but in Utopia if there and may justly challenge a Speciall Scene in the next Edition of Ignoramus What God himselfe long since complained off My people are destroyed for lacke of knowledge may now be as truly averred of the people of England seduced by these blinde Guides or over-reached by Iesuitically Policies they are destroyed for want of knowledge even of the Kings just circumscribed Prerogative of the Parliaments Supreame unlimited Authority and Unquestionable Priviledges of their owne Haereditary Liberties and Native Rights of the Law of God of Nature of the Realme in the points now controverted betweene King and Parliament of the Machivilian deepe Plots of Priests and Papistâ— long since contrived and their Confederacies with forraign States now visibly appearing by secret Practises or open violence to set up Popery and Tyranny throughout our Realmes at once and by false pretences mixt with deceitfull Protestations to make our selves the unhappie Instruments of our Kingdomes slavery our Lawes and Religions utter ruine The Ignorance or Inadvertency of these particulars coupled
Bishops during the vacation and the like and if he alien these Lands in fee to their prejudice the grant is voyd in Law and shall be repealed as hath beene frequently judged because he possesseth these lands not in his owne but others rights So the King hath his Crowne Lands revenues Forts Ships Ammunition Wards Escheates not in his owne but the Kingdomes right for its defence and benefit and though he cannot stand seised to private mans use yet he may and doth stand seised of the premises to his whole kingdomes use to whom he is but a publike servant not onely in Law but Divinity too 1 Sam. 8. 20. 2 Sam. 5. 12. Isa. 49. 23. Psal. 78. 72 73 74. Rom. 13. 4. 1 Pet. 2. 13. 14. 2 Chron. 9. 8. Secondly All the Ships Ammunition Armes the Parliament hath seised were purchased not with the Kings but Kingdomes monies for the defence and service of the Kingdome as the Subsidy Bils and Acts for Tunnage and Poundage the Kings owne Declaration and Writs for Shipmony attest If then the representative Body of the kingdome to prevent the arrivall of forraine Forces and that civill warre they then foresaw was like to ensue and hath experimentally since fallen out even bâ—yond their feares and overspread the whole kingdome to which it threatens ruine hath seised sequestred the kingdomes Ports Forts Navy Ammunition into trusty hands for the Kings and Kingdomes use to no other end but that they should not be imployed against the King and Parliament by his Majesties Malignant Counsellors and outragious plundering Cavaliers what indifferent sober man can justly tax them for it Queene Elizabeth and the State of England heretofore during the Warres with Spaine inhibited the Haunse townes and other foraine Merchants over whom she had no jurisdiction to transport any materials for Warre through the narrow Seas to Spaine though their usuall Merchandize to those parts and the Sea as they alleadged was free for feare they should be turned against our Kingdome and after notice given made them prise for any of her Subjects to seise on And it is the common policy this day and anciently of all States whatsoever to seise on all provisions of Warre that are passing by way of Merchandize onely towards their enemies though they have no right or propertie in them and to grant letters of Mart to seise them as we have usually done which they plead they may justly doe by the Law of Nature of Nations to prevent their owne destruction Much more then may the Houses of Parliament after the sodaine eruption of that horrid Popish rebellion in Ireland and the feares of a like intestine warre from the Malignant Popish Prelaticall party in England expecting Forces supplies of mony and ammunition from foraine parts seise upon Hull other Ports the Navy and Ammunition the Kingdomes proper goods provided onely for its defence in such times as these when his Majesty refused to put them into such hands as the kingdome and they might justly confide in and the contrary Malignant faction plotted to get possession of them to ruine Lawes Libâ—rties Religion Parliament Kingdome And what mischiefe thinke you would these have long since done to Parliament and Subjects had they first gotten them who have already wrought so much mischiefe without them by the Kings owne encouragement and command Doubtlesse the Parliament being the supreame power now specially met together and intrusted by the Subjects to provide for the kingdomes safety had forfeited not onely their discretion but trust and betrayed both themselves their priviledges the Subjects Liberties Religion Countrey Kingdome and not onely their friends but enemies would have taxed them of infidelity simplicity that I say not desperate folly had they not seised what they did in the season when they did it which though some at first imputed onely to their over-much jealousie yet time hath since sufficiently discovered that it was onely upon substantiall reasons of true Christian Policy Had the Cavaliers and Papists now in armes gotten first possession of them in all probability wee had lost our Liberties Lawes Religion Parliament long ere this and those very persons as wise men conceive were designed to take possession of them at first had they not beene prevented without resistance whom his Majesty now imployes to regaine them by open warres and violence It is knowne to all that his Majesty had no actuall personall possession of Hull nor any extraordinary officer for him there before Sir Iohn Hothâ—m seised it but onely the Maior of the Towne elected by the Townesmen not nominated by the King neither did Sir Iohn enter it by order from the Houses till the King had first commanded the Major and Townesmen whom he had constantly intrusted before to deliver Hull up to the Earle of Newcastle now Generall of the Popish Northerne Army The first breach then of trust and cause of jealousie proceeding from the King himselfe in a very unhappy season where the quarrell first began and who is most blame-worthy let all men judge If I commit my sword in trust to anothers custody for my owne defence and then feare or â—ee that hee or some others will murther me with my owne weapon it is neither injury nor disloyaltie in me for my owne preservation to seise my owne Sword till the danger be past it is madnesse or folly not to doe it there being many ancient and late examples for to warrant it I shall instance in some few By the Common Law of the Land whiles Abbies and Priories remained when we had any Warres with foraine Nations it was lawfull and usuall to seise all the Lands goods possessions of Abbots of Priors aliens of those Countries during the warres though they possessed them onely in right of their Houses lest they should contribute any ayd intelligence assistance to our enemies Yea it anciently hath beene and now is the common custome of our owne and other kingdomes as soone as any breaches and warres begin after Proclamation made to seise and confiscate all the Ships goods and estates of those countries and kingdomes with whom they begin warre as are found within their dominions for the present or shall arrive there afterwards left the enemies should be ayded by them in the Warres preventing Physicke being as lawfull as usefull in politique as naturall bodies which act is warranted by Magna Charta with sundry other Statutes quoted in the Margin And though these seisures were made by the King in his name onely yet it was by authority of Acts of Parliament as the publike Minister of the Realme for the kingdomes securitie and benefit rather then his owne But to come to more punctuall precedents warranted by the supreme Law of Salus Populi the onely reason of the former Anno Dom 12â—4 upon thâ— confirmation of the Great Charter and of the Forest by King Iohn it was agreed granted and enacted in that Parliamentary assembly
of the kingdome when it was Treason was not a bare Traytor against the Kings person or Crowne onely but against the King and his Realme too like those Traytors mentioned in the severall statutes of 11 R. 2. c. 4. and 21 R. 2. c. 2. 4. He shall be judged and have execution as a TRAITOR and ENEMY OF THE KING and TO THE REALME and in 28 H. 8. c. 7. HIGH TRAITORS TO THE REALME As the Gunpouder Traytors were to the Parliament and Realme in them being the representative Body of the Realme the Parliament then being the Realme representatively and authoritatively too and so the party against whom this Treason is principally to bee committed cannot bee a Traytor to it selfe by the words or intendment of any expired Act which made such a seisure or detainer Treason And therefore those Lawyers who pronounce this Parliaments seising and detaining of the Ports Forts Navy Armes or Ammunition of the Realme to keepe them out of worser hands for the Kings and kingdomes right use and safetie to be High Treason declare themselves Greater Malignants then Artists in their owne profession But some body say Malignants and Royalists must be trusted with the Militia Ports Navy Armes Ammunition and who so fit to be confided in as the King himself and those whom he shall appoint Especially since hee and his owne substitutes have formerly beene intrusted with them by the kingdome and wee have now so many deepe Protestations yea publike printed Asseverations and Promises from his Majestie to maintaine the Protestant Religion our Lawes Liberties Properties Parliaments with their just Priviledges and shall we not beleeve and trust his Majesty after so many royall assurances seconded with many Acts of grace for the publike safetie already passed by him in this Parliament especially the Acts against Shipmoney and all other unlawfull Taxes with the Bils for the continuance of this and calling of a Trienniall Parliament when this shall be determined Shall we yet be diffident of his Majesties sinceritie after so many Protestations Promises Imprecations so many Pledges of his gracious affection to his people and some publike acknowledgements of his former misgovernment and invasions on his Subjects Liberties If all these Warrants will not content the Parliament and perswade them to resigne up all the premises they have seised into his Majesties hand to purchase the kingdomes much desired necessary Peace and put a period to our destructive warre in which there is nought but certaine ruine what other security can his Majesty give or they expect To answer this plausible allegation I shall without prejudice to other mens judgements crave liberty to discharge my owne and others thoughts in this particular in which if I chance to erre out of overmuch zeale to my countries safety I shall upon the first discovery professe a recantation though for the present Maluerim veris offendere quam placere adulando I shall reduce the summe of the answer to these two heads First that as the state of things now stands it will be as many wise men conceive not onely inconvenient but dangerous to resigne up the Militia Forts Ports Navy Ammunition of the kingdome into his Majesties sole disposing power and those hands which himselfe alone shall appoint and confide in till things bee throughly reformed and setled both here and in Ireland and the Popish prevailing party in both kingdomes now strongly up in armes totally suppressed and secured Secondly That till this be effected it is more reasonable and safe both for King and kingdome that these should remaine in the Parliaments hands then in the Kings alone For the first there are these three general reasons commonly alledged by many understanding men equally affected to either party and by most who are cordially inclined to the Parliament why they deeme it not onely inconvenient but perillous to intrust the premises wholly with the King and those of his appointment as our condition now stands First a more then probable long-since resolved designe in his Majesties evill Counsellors to make him an absolute Soveraigne Monarch and his Subjects as meere vassals as those of France which designe hath beene carryed on with an high hand from the beginning of his Reigne till this present as the Parliament in sundry Declarations prove yea divers Lords and Members of both Houses though now with his Majesty in their Parliamentary Speeches have openly professed which they thus demonstrate First by his Majesties severall attempts against the Priviledges Power and very being of Parliaments manifested by the proceedings against Sir Iohn Eliot Mr. Hollice Mr. Strode Mr. Long and others after the Parliament in 3. Caroli and the Lord Say Mr. Crew with others after the last Parliament before this By his Majesties sad ominous breaking off in discontent all Parliaments in his Reigne unparalleld in any age or kingdome till this present which though perpetuated by a speciall Act as long as Both Houses please hath yet long since been attempted to be dissolved like the former by his Majesties accusation and personall comming into the Commons House with an extraordinary Guard of armed men attending him to demand five principall members of it to be delivered up to his hands as Traytors in an unpatterned manner By his wilfull departure from and refusall to returne unto the Parliament though oft petitioned and sollicited to returne which is so much the more observed and complained of because his Majesty if not his Royall Consort and the Prince too was constantly present in person every day this Parliament for sundry weekes together at the arraignment of the Earle of Strafford for high Treason in a private manner when by Law he ought not to be personally present in a publicke to countenance and encourage a capitall Oppressor and Trayterous Delinquent against all his three kingdomes contrary to both Houses approbation And yet now peremptorily denyeth to be present with or neare his Parliament to countenance and assist it for the preservation of his kingdomes against such Traytors Rebels conspirators who have contrived and attempted their utter desolation in pursuance of his foreplotted designes By his commanding divers Lords and Commons to desert the Houses and attend his Person without the Houses consent detaining them still when the Houses have sent for them and protecting those who refused to returne against the common justice of the Parliament by casting divers grosse aspersions on it and naming it A faction of Malignant ambitious spirits no Parliament at all c. By raising an Army of Delinquents Malignants Papists Forainers to conquer and suppresse the Parliament and deprive it of its Liberties By proclaiming divers active Members of it specially imployed by Both Houses for the defence of their severall Counties Traytors onely for executing the Houses commands without any Indictment Evidence Conviction against all Law Justice and the Priviledges of Parliament By commanding detaining the Lord Keeper of the Great Seale the Speaker
right and interest wee cannot say many men but suspect the like and worse usages when these are all surrendred into his Majesties power and that he with his ill Counsellors who had lately such a bloody treacherous designe against Bristoll during the Treaty of Peace and now plainly professe that they never intended the Premises should be put into such persons hands as the Parliament and kingdome might confide in but themselves alone will then as much over-awe the present and all future Parliaments as they doe now the country people where they quarter and handle many active worthy members of both Houses particularly proclaimed rebels by the King without conviction who hath not so violently proceeded against any of the Irish Rebels in this kinde as he hath done against the houses of Parliament and the chiefe well deserving members of it as rigorously if not far worse as any now imprisoned by them notwithstanding that true rule of Seneca Remissius imperanti melius paretur Et non minus Principi turpia sunt multa supplicia quam Medico multa funera Their second generall reason is an ancient â—ore ploâ—teâ— conâ—ederacie between the Popish and Prelaticall Party in the Kingdome to change Religion and re-establish Popâ—ry Which designe hath been vigorously prosecuted long before his Majesties â—aigne but more effectually since his marriage with one of that Religion who in regard of her neerenesse to and continuall presence with him heretofore and activitie to assist him now against his Parliament hath such a meritâ—rious interest in his affections if not powerfull influence upon his will and Councells as may induce his Majestie as well as King Salomon to grant at least a speedy publike long-expected tolleration and free use of the Romish Religion if not a suppression of the Protestant faith throughout the Realme if all the premises be put into his Majesties unlimited power And that which backes this more then conjecturall feare is First the large visible progresse made in this designe before this Parliament as not onely the Houses joynt Declarations but divers Malignant Members declanatory Orations now with the King testifie together with our Prelates manifold Popish Innovations in Doctrines Ceremonies Ecclesiasticall proceedings the Popes Nuncioes Residence neere and free accesse to Court our Agents residence at Rome the Cell of Capuchins Chapples erected for Masse the infinite swarmes of Seminary Priests and Jusuites every where with freedome and impunity the suspention of the Lawes against them and Popish Recusants the late persecutions and suppressions of all godly Preaching Ministers and most zealous Protestants with other particulars clearely demonstrate Secondly the present generall Rebellion and bloody proceedings of the Papists in Ireland to extirpate the Protestant Religion there and the many prevayling Plots of the Irish Rebels party here to delay seize or frustrate all ayde and opposition against them from hence with his Majesties late Commissions to Papists and Protestants and some who have beene in actuall Rebellion to treate and conclude a peace with these Rebells contrary to the very Act he passed this Parliament for Irelands releefe Thirdly his Majesties late letter to the Councell in Ireland to exclude the Parliaments agents and members there from all their Councells and meetings and if reports be credible his Majesties Commissions lately issued to most notorious convicted Papists in Wales Lancashire the North and other parts to arme themselves and raise forces under their Commâ—nds who are now in severall bodies in the field and his inteâ—taiâ—ing of divers Popists and Irish Rebells in his Army to fight against the Parliament contrary to the expresse Lawes of the Realme his owne frequent Proclamations and Protestations â—o entertaine â—o Papists neare hâ—m and to defend the Protestant Religion Which added to the intercepting of the Parliaments provisions for the releefe of the Protestants in Ireland the entertaining of some of the Commanders sent to Ireland by the Parliament agâ—inst the Rebâ—lls if not sending for some of them out of Ireland from that Service to warre against the Parliament with the passes under his Majesties hand for the traâ—sâ—orting of some Popish Commanders since joyned wiâ—h the Irish Râ—bells into Ireland make many jealous heads suspect the common vaunt of the Irish Rebells that they have expresse Commissions both from the Kiâ—g aâ—d Queene to warrant theâ—r â—roceedings thâ—re and that they fight but for them against the Parliâ—mâ—nt Puâ—â—tanes and Parliament-Dâ—gs the Language of the Cavaleeres too learned from them are not onely possible but probable and that thâ—re is a generall designe on foote towards which the Papists in forraigne parts through the Priests and Queenes Negotiations have made large contributions by the Popish Armies now raised in both Kingdomes to sâ—t up Popery in its perfection every where and extirpate the Proteâ—â—ant Religion in all oâ—r Kingdomes which nothing but an absolute conquest of these blood-thirsty Papists caâ— in probability prevent they being already growne so insolent as to say Masse openly in all the Northerne parts and Army and in Reading in affront of God and our Religion If therefore the premises should now be wholy surrendred to his Majestie it is much to be feared that the Popish party now most powerfull would in recompence of their meritorious service and assistance in these warres at leastwise challenge if not gaine the chiefe command of the Ports Navie Ammunition the rather because the Lord Herbert a most notorious Papist both before and since this Parliament enjoyed the sole charge and custodie of all the Military Engines and Ammunition royall at Foxes Hall designed for the Kings chiefest Magazine and then farewell Religion Lawes Liberties our Soules and bodies must become either Slaves or Martyrâ—s Their third generall ground is the constant practise of most of our Kings as Iohn Henry the 3d. Edward and Richard the 2 d with others who after warres and differences with their Parliaments Lords Commons upon accommodations made betweene them as soone as ever they got possession of their Castles Ships Ammunition seised by their Subjects brake all vowes oathes covenants made unto them oppressing them more then ever enlarging their owne prerogatives and diminishing the Subjects Liberties yea taking away many of their lives against Law Oathes Promises Pardons on purpose to enthrall them which still occasioned new Commotions as the premised Histories and others plentifully informe us And that the King considering all his fore-mentioned proceedings and pertinacious adhearing to his former evill Councellours and their Councells should degenerate from his predecessors Policies in case the premises be yeelded wholy to him before our Liberties and Religion be better setled and the just causes of our feares experimentally removâ—d iâ— hardly credible But against these 3. Generall reasons his Majesties many late solemne Protestations and those Acts which he hath passed this Parliament are objected as sufficient security against all future feares To which they answer First that if his Majâ—sties Coronation
and custome but by the Kings pleasure and the Lords onely of the Kings party contrary to right and reason summoned to it by meanes whereof Will therein ruled for reason men alive were condemned without examination men dead and put in execution by privie murther were adjudged openly to dye others banished without answer an Earle arraigned not suffered to plead his pardon c. and because the latter of them by divers seditious evill-disposed persons about the King was unduly summoned onely to destroy some of the Great Nobles faithfull and Lawfull Lords and other faithfull liege people of the Realme out of hatred and malice which the said seditious persons of long time had against them and a great part of the Knights of divers Counties of the Realme and many Burgesses and Citizens for divers Burroughs and Cities appearing in the some were Named returned and accepted some of them without due and free Election some of them without any Election by meanes and labour of the said seditious persons against the course of the Lawes and Liberties of the Commons of the Realme wherby many great Jeopardies Enormities and Inconveniences wel-nigh to the ruine decay and subversion of the Realme ensued If then the grand Councellors and Judges of this highest Court are and ought to be elected only by the Commons not the King because they are to consult and make Lawes for the Kingdomes welfare safety government in which the Realme is more concerned then the King and Bishops Abbots and Priors likewise whiles members of the Lords House of Parliament were chosen by the Clergy People Commons not the King by semblable or better reason the whole State in Parliament when they see just cause may claime the nomination of all publike Officers of the Kingdome being as much or more the Kingdomes Officers 〈◊〉 the Kings and as responsible to the Parliament as to the King for their misdemeanours in their places without any diminution of the Kings Prerogative Fiftly the Parliament consisting of the most Honourable Wise Grave and discree test persons of all parts of the Kingdome are best able clearely and impartially to Iudge who are the fittest ablest faithfullest most deserving men to manage all these publike Offices for the Kings the Kingdoms honour and advantage better then either the King himselfe his Cabinet-Counsell or any unconsiderable Privadoes Courtiers Favourites who now usually recommend men to these places more for their own private ends and interests then the Kings or Kingdoms benefit therfore it is but just equitable that they should have the principall nomination and recommendation of them to the King rather then any others whomsoever that the King should rather confide herein to their unbiased Iudgements then to his most powerfull trustiest Minions who would out the Parliament of this just priviledge that they might unjustly engrosse it to themselves and none might mount to any places of publike trust but by their deare-purchased private Recommendations the cause of so many unworthy untrusty corrupt publike Officers and Judges of late times who have as much as in them lay endeavoured to enslave both us and our posterities by publike illegall Resolutions against their Oathes and Consciences Sixthly Though our Kings have usually enjoyed the choice of Judges and State Officers especially out of Parliament time yet this hath been rather by the Parliaments and peoples permissions then concessions and perchance by usurpation as appeares by Sherifes and Lieutenants of Counties Elections now claimed by the King though anciently the Subjects right as I have proved And if so a Title gained only by Connivance or Usurpation can be no good plea in Barre against the Parliaments Interest when there is cause to claime it however the Kings best Title to elect these publike Officers is only by an ancient trust reposed in his Predecessors and him by the Parliament and Kingdom with this tacit condition in Law which Littleton himselfe resolves is annexed to all Officers of trust whatsoever that he shall well and lawfully discharge this trust in electing such Counsellors Officers and Iudges as shall be faithfull to the Republicke and promote the subjects good and safety If then the King at any time shall breake or pervert this trust by electing such great Counsellors Officers and Judges as shall willingly betray his Subjects Liberties Proprieties subvert all Laws foment and prosecute many desperate oppressing Projects to ruine or inthrall the Kingdom undermine Religion and the like as many such have been advanced of late yeares no doubt the Parliament in such cases as these may justly regulate or resume that trust so far into their own hands as to recommend able faithfull persons to these publike places for the future without any injury to the Kings Authority It was a strange opinion of Hugh Spensers great favourites to King Edward the second which they put into a Bill in writing That homage and the Oath of Allegiancâ— is more by reason of the Crowne then by reason of the Person of the King and is more bound to the Crowne then to the Person which appeares because that before the descent of the Crowne no Allegiance is due to the Person Therefore put case the King will not discharge his trust well according to reason in right of his Crowne his Subjects are bound by the Oath made to the Crowne to reforme the King and State of the Crowne because else they could not performe their Oath Now it may say they be demanded how the King ought to be reformed By 〈◊〉 of Law or by 〈◊〉 By suite at Law a man can have no redresse at all for a man can have no Iudge but these who are of the Kings party In which case if the will of the King be not according to reason he shall have nothing but â—rrour maintained and conâ—â—med Therefore it behoveth for saving the Oath when the King will not redresse a thing and remove what is evill for the Common people and prejudiciall to the Crowne that the thing ought to be reformed by force because the King is bound by his Oath to governe his Lieges and people and his Lieges are bound to governe in aide of him and in default of him Whereupon these Spensers of their owne private Authority tooke upon them by Vsurpation the sole government both of King and Kingdome suffering none of the Peeres of the Realme or the Kings good Counsellours appointed by the State to come neere him to give him good counsell not permitting the King so much as to speake to them but in their presence But let this their opinion and private unlawfull practise be what it will yet no doubt it is lawfull for the whole State in Parliament to take course that this part of the Kings Royall trust the chusing of good publike Counsellours Officers Judges which much concernes the Republike be faithfully discharged by recommending such persons of quality integrity and ability to all publike places of trust and
and Silver Money he pleased Nobili aâ—dâ—â—tiam personas ignobiles Senescallos Iudices Capitaâ—cos Consules 〈…〉 Procâ—ratores Recepâ—ores quoscunque Officiarios alios creandi 〈…〉 ponendi in singulis locis Ducatus praedicti quandâ— opus erit inflitutos 〈…〉 Officiarios autedictos amovendi loco amotorum alios subrogandi c. Heere ◠〈…〉 the Title hoâ—â—ur of a Duke and Dukedome in France given by the 〈◊〉 of England as King of France by assent and authority of a Parliament in 〈…〉 Captaines and all other Officers within that Dukedome In the Parliament Rolls of 1. H. 4. num 106. The Commons Petitioned the King that for the safety of himselfe as likewise for the safety of all his Realmâ— and of his Lieges BY ADVISE OF HIS SAGE COVNSELL hâ—e would ordaine SVRE or trusty and SVFFICIENT CAPTAINES and GARDIANS OF HIS CASTLES and FORTRESSES as well in Englaâ—d as in Wales to prevent all perills The very Petition in effect that this Parliament tendered to his Majestie touching the Militia To which the King readily gave this answer Le Roy le voet The King wills it In the same Rol. Num. 97. The Commons likewise petitioned That the Lords Spirituall and Temporall shall not be received in time to come for to excuse them to say That they durst not to doe nor speake the Law nor what they thought for DOVBT of death or that they are not free of themselves because they are more bound under PAINE OF TREASON to keepe their Oath then to feare death or any foâ—feiture To which the King gave this answer The King holds all his Lords and Iustices for good sufficient and loyall and that they will not give him other Counsell or Advise but such as shall be Honest Iust and Profitable for him and the Realme And if any will complaine of them in speciall for the time to come of the contrary the King will reforme and amend it Whereupon we finde they did afterwards complaine accordingly and got new Privie Counsellors chosen and approved in Parliament in the 11 th Yeare of this Kings Raigne as we shall see anone And in the same Parliament Num. 108. I finde this memorable Record to prove the King inferiour to and not above his Laws to alter or infringe them Item Whereas at the request of Richard laâ—e King of England in a Parliament held at Winchester the Commons of the said Parliamâ—nt granted to him that he should be in as good libertie as his Progenitors before him were by which grant the said King woulâ— say that he might turne or change the Lawes at his pleasure and caused them to be changed AGAINST HIS OATH as is openly known in divers cases And now in this present Parliament the Commons thereof of their good assent and free will confidâ—ng in the Nobility high discretion and gracious government of the King our Lord have granted to him That they will He should be in as great Royall Liberty as his noble Progenitors were before him Whereupon our said Lord of his Royall grace AND TENDER CONSCIENCE hath granted in full Parliament That it is not at all his intent nor will to change the Lawes Statutes nor good usagâ—s nor to to take other advantage by the said graunt but for to keepe the Ancient Lawes and Statutes ordained and used in the time of his Noble Progenitors AND TO DOE RIGHT TO ALL PEOPLE IN MERCY AND TRVTH ACCORDING TO HIS OATH which he thus ratified with his Royall assent Le Roy le voet By which Record it is evident First that the Kings Royall Authority and Prerogative is derived to him and may be enlarged or abridged by the Commons and Houses of Parliament as they see just cause Secondly that King Richard the second and Henry the fourth tooke and received the free use and Libertie of their Prerogatives from the grant of the Commons in Parliament and that they were very subject to abuse this free grant of their Subjects to their oppression and prejudice Thirdly That the King by his Prerogative when it is most free by his Subjects grant in Parliament hath yet no right nor power by vertue thereof to change or alter any Law or Statute or to doe any thing at all against Law or the Subjects Rights and Priviledges enjoyed in the Raignâ—â— of ancient Kings Therefore no power at all to deprive the Parliament it selfe of this their ancient undubitable oft-enjoyed Right and Priviledge to elect Lord Chancellors Treasurers Privie Seales Chiefe Iustices Privie Counsellors Lord Lieutenants of Counties Captaines of Castles and Fortresses Sheriffes and other publike Officers when they see just cause to make use of this their right and interest for their owne and the Kingdomes safety as now they doe and have as much reason to doe as any their Predecessors had in any age When they behold so many Papists Malignants up in Armes both in England and Ireland to ruine Parliaments Religion Lawes Liberties and make both them and their Posterities meere slaves and vassalls to Forraigne and Domesticke Enemies In the 11. yeare of King Henry the 4 th Rot. Parl. numâ— 14. Art c. 1. The Commons in Parliament petitioned this King First That it would please the King to ordaine and assigne in this Parliament the most valiant sage and discretest Lords Spirituall and Temporall of His Realme TO BE OF HIS COVNSELL in aide and supportation of the Good and substantiall Government and for the weale of the King and of the Realme and the said Lords of the Counsell and the Iustices of the King should be openly sworne in that present Parliament to acquit themselves well and loyally in their counsels and actions for the weale of the King and of the Realme in all points without doing favour to any maner of person for affection or affinity And that it would please our Lord the King in presence of all the Estates in Parliament to command the said Lords and Iustices upon the Faith and Allegiance they owe unto him to doe full Iustice and equall right to every one without delay as well as they may without or notwithstanding any command or charge of any person to the contrary To which the King gave this answer Le Roy le Voet After which the second day of May the Commons came before the King and Lords in Parliament and there prayed to have connusance of the names of the Lords which shall be of the Kings continuall Counsell to execute the good Constitutions and Ordinances made that Parliament To which the King answered that some of the Lords he had chosen and nominated to be of his said Counsell had excused themselves for divers reasonable causes for which he held them well excused and as to the other Lords whom hee had ordained to be of his said Counsell Their Names were these Mounsier the Prince the Bishop of Wâ—nchester the Bishop of Duresme the Bishop of Bath the Earle of Arundâ—â— the Earle of Westmerland and
inferior Court of Iustice whatsoever hath such a Priviledge by the Common law and statutes of the Realm that the King himself hath uo negative voice at all somuch as to stay or delay for the smalest moment by his great or privy seale any legall proceedings in it much lesse to countermand controle or reverse by word of mouth or proclamation any resolution or judgement of the Iudges given in it If then the King hath no absolute Negative overruling voice in any of his inferiour Courts doubtlesse he hath none in the supreâ—mest greatest Court of all the Parliament which otherwise should be of lesse authority and in farre worse condition then every petty sessions or Court Baron in the Kingdome The sole question then in debate must be Whether the King hath any absolute Negative over-ruling voice in the passing of publike or private Bills For resolving which doubt we must thus distinguish That publike or private Bills are of two sorts First Bills only of meere grace and favour not of common right such are all generall pardons Bills of naturalization indenization confirmation or concession of new Franchises and Priviledges to Corporations or private persons and the like in all which the King no doubt hath an absolute negative voice to passe or not to passe them because they are acts of meere grace which delights to be ever free and arbitrary because the king by his oath and duty is no way obliged to assent thereto neither can any subjects of justice or right require them at his hands it being in the Kingsfree power to dispence his favours freely when and where he pleaseth and coÌ„trary to the very nature of free grace to be either merited or coÌ„strained SecoÌ„dly Bills of common right and justice which the King by duty and oath is bound to administer to his whole kingdome in generall and every subiect whatsoever in particular without denyall or delay Such are all Bills for the preservation of the publike peace and safety of the kingdome the Liberties Properties and Priviledges of the Subiect the prevention removall or punishment of all publike or private grievances mischiefes wrongs offences frauds in persons or callings the redresse of the defects or inconveniences of the Common Law the advancing or regulating of all sorts of Trades the speedy or better execution of Justice the Reformation of Religion and Ecclesiasticall abuses with sundry other Lawes enacted in every Parliament as occasion and necessity require In all such Bills as these which the whole state in parliament shall hold expedient or necessary to be passed I conceive it very cleare that the king hath no absolute negative voyce at all but is bound in point of office duty Oath Law Iustice conscience to give his royall assent unto them when they have passed both houses unlesse he can render such substantiall reasons against the passing of them as shall satisfie both Houâ—eâ— This being the onely point in controversie my reasons against the Kings absolute over-swaying negative Voyce to such kinde of Bills as these are First because being Bills of common right and Iustice to the Subiects the denyall of the Royall assent unto them is directly contrary to the Law of God which commandeth kings to be just to doe judgement and justice to all their Subjects especially to the oppressed and not to deny them any just request for their reliefe protection or wellfare Secondly because it is point-blanke against the very letter of Magna Charta the ancient fundamentall Law of the Realme confirmed in at least 60. Parliaments ch 29. WE SHALL DENY WE SHALL DEFERRE both in the future tense TO NO MAN much lesse to the whole Parliament and Kingdome in denying or defâ—rring to passe such necessary publike Bills IVSTICE OR RIGHT A Law which in terminis takes cleane away the Kings pâ—etended absolute negative Voyce to these Bills we now dispute of Thirdly Because such a disasseâ—tâ—ng Voyce to Bills of this nature is inconsisent with the very office duty of the king and the end for which he was instituted to wit equall and speedy administration of common right justice and assent to all good Lawes for protection safety ease and benefit of his Subjects Fourthly Because it is repugnant to the very Letter and meaning of the kings Coronation Oath solemnly made to all his Subiects TO GRANT FVLFILL and Defend ALL RIGHTFVLL LAWES which THE COMMONS OF THE REALME SHALL CHVSE AND TO STRENGTHEN AND MAINTAINE THEM after his power Which Clause of the Oath as I formerly manifested at large and the Lords and Commons in their Remonstrance of May 26. and Nov. 2. prove most fully extends onely or most principally to the kings Royall assent to such new rightfull and necessary Lawes as the Lords and Commons in Parliament not the king himselfe shall make choise of This is infallibly evident not onely by the practise of most of our kings in all former Parliaments especially in king Edward the 1 2 3 4. Rich. 2. Hen. 4 5 and 6. reignes whereof the first Act commonly in every Parliament was the confirmation of Magna Charta the Charter of the Forest and all other former unrepealed Lawes and then follow sundry new Actâ— which the Lords and Commons made choise of as there was occasion and our Kings assented to confessing they were bound to doe it by their Coronation oath and duty as I shall manifest presently but likewise by the words of the Coronation oaths of our ancienter Kings already cited in the first part of this Discourse and of our Kings oaths of latter times the Coronation Oaths of King Edward the 2. and 3. remaining of Record in French are in the future tense Sire grantes vous a tenir et garder LES LEYS et les Coustumes DROITVRELES les quiels LA COMMVNANTE de vostre Royaume AVRESLV les defenderer et assorcerâ—r al honeur de Diâ—u a vostre poare Respons Ie le FERAI in the future too The close Roll of An. 1. R. 2. M 44. recites this clause of the Oath which King Rich took in these words Et etiam de tuendo custodiendo IVST AS LEGES consuetudines ecclesiae ac de faciendo per ipsum Dominum Regem eas esse protegendas ad honorem Dei CORROBOR AND AS quas VVLGVS IVSTE ET RATIONABILITER ELEGERIT juxta vires ejusdem Domini Regis in the future tense And Rot. Parliament 1. H. 4. p. 17. expresseth the clause in King Henry his Oath thus Concedis IVSTAS LEGES consuetudines esse tenendas promittis per te eas esse protegendas ad honorem Dei CORROBORANDAS QV AS VVL GVS ELEGERIT secundum vires tuas Respondebit Concedo Promitto In the Booke of Clarencieux Hanley who lived in King Henry the 8. his reigâ—e this clause of the Oath which this king is said to take at his Coronation is thus â—endred in English Will you GRANT FVLFILL defend ALL
our God and the Lord doe what seemeth him good Esther 9. 1 2. 5 10. In the day that the enemies of the Iewes hoped to have power over them the Iewes gathered themselves together into their Cities throughout all the Provinces of King Ahashuerus to lay hand on those that sought their lives and no man could withstand them for the feare of them fell upon all people Thus the Iewes smote all their enemies with the stroke of the sword and slaughter and destruction and did what they would with those that hated them but on the spoile laid they not their hand It is this eighth day of May 1643. Ordered by the Committee of the House of Commons in Parliament for Printing that this Booke Intituled The third Part of the Soveraign Power of Parliaments and Kingdomes be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. TO HIS EVER-HONOVRED NOBLE KINDE FRIENDS THE Right Honourable Lord Ferdinando Fairfax the Right Worshipfull Sir William Waller and Sir William Bruerton Knights Commanders in Chiefe of the Parliaments Forces in severall Counties Deservedly Renowned Worthies YOVR Incomparable Valour Zeale Activity Industry for the preservation of Your Dearest Country Religion Lawes Liberties and the very being of Parliaments all now endangered by an unnaturall generation of Popish and Malignant Vipers lately risen up in Armes against them in diverse parts of this Realme and those many miraculous Victories with which God hath beene lately pleased to Crowne your cordiall endeavours to promote his glory and the Publicke safety as they have justly demerited some gratefull generall Acknowledgements from the whole Representative Body of the State so they may in some sort challenge a private gratulatory Retribution from Me who have formerly had the happinesse to participate in your Christian Affections and now reape much Consolation by your Heroick Actions Having therefore seasonably finished this Third part Of the Soveraigne Power of Parliaments and Kingdoms copiously Vindicating the Lawfulnesse Iustnesse of the Parliaments present Necessary Defensive Warre in which you have had the Honour to be imployed not onely as Chiefe but which is more as most successefull Commanders in your severall Countries in point both of Law and Conscience and fully wiping off those blacke Aspersions of TREASON and REBELLION which the opposite party really guilty of these crimes against both King and Kingdome as I have elsewhere manifested and here lightly touched have out of Malice Ignorance or both conjoyned most injuriously cast upon your Loyall honourable proceedings which rejoyce the soules of all true Philopaâ—ers who cordially affect their Country or Religion I could not without much ingratitude yea injustice have published it to the world but under the Patronage of your ever-honored resâ—lendent names who have so valorously so successefully pleaded this Cause already in the Field that it needs the lesse assistance from the Presse My many inevitable interruptions and straites of time in its contexture which may happily detract something from its perfection shall I hope derogate nothing from your Honourable Friendly acceptation whom I have thus conjoyned in the Dedication because the Parliament hath united you in their present Warlike employments and God himselfe joyntly honoured you with successe even to admiration among the Good indignation amidst Malignants envy with the Malicious and I trust to an active sedulous emâ—lation in all your Fellow Commanders imployed in other Quarters in the selfesame Cause Your present busie publike and mine owne private Imployments prohibite me to expatiate Wherefore earnestly beseeching the Glorious Lord of Hosts to be ever mightily present with your severall Noble Persons Forces and to make you alwayes eminently active Valorous Victorious as hitherto he hath done till Peace and Truth Tranquillity and Piety by your severall triumphant Proceedings shall once more lovingly embrace and kisse each other in our divided unreformed sinfull Kingdome And till the effect of these just warres You manage shall be quietnesse and assurance to us and our Posterities after us for ever I humbly recommend your Persons Proceedings to his protection who can secure you in and from all dangers of warre and rest Your Honours Worships most affectionate Friend and Servant WILLIAM PRYNNE To the Reader Christian Reader I Who have beene alwayes hitherto a Cordiall Desirer endeavourer of Peace am here necessitated to present Thee with a Discourse of Warre to justifie The Lawfulnesse of the Parliaments present taking up of necessary Defensive Armes Which neither their Endeâ—vours nor my with many others Prayers could with any safety to our Priviledges Persons Religion Liberty Realmes now forcibly invaded by his Majesties Popish and Malignant Cavallieres hitherto prevent or conjure downe To plead the Justnesse of a Warre of an unnaturall Civill warre the worst of any of a Warre betweene the Head and Members may seeme not onely a Paradox but a Prodigie in a Land heretofore blessed with an aged uninterrupted Peace And Lucans Bella per Aemathios plusquam civilia Campos c. now most unhappily revived among us being but Historicall and Poeticall may passe the world with lesse admiration and censure than this harsh Peece which is both Legally Theolâ—gically like the Subject matter Polemicall But as the ayme the end of all just War is and ought to be onely future setled Peace so is the whole drift of this Military Dissertation not to foment or protract but end our bloody Warrs which nothing hath more excited animated lengthened in the Adverse party than a strong conceite if not serious beliefe that The Parliaments Forces neither would nor lawfully might in point of Law or Conscience forcibly resist or repulse their invasive Armes without danger of High Treason and Rebellion which Bug-beare I have here refuted removed and the In-activity the much admired slownesse of many of our Forces in resisting in preventing their vigorous Proceedings which a little timely vigilance and diligence had easily controlled It is a more than Barbarous Inhumanity for any person not to put to his uttermost strength speedily to close up the mortall wounds of his bleeding dying Native Country but to protract its cure to enlarge encrease its deadly Ulcers Stabs Sores and make a lasting trade of Warre out of a sordid sinfull desire of Gaine of Plunder to raise a private fortune by the Republicks ruines a sinne of which some perchance are guilty is an unparalleld most unnaturall prodigious Impiety It was thought a great dishonour heretofore for men of Honour and Estates not to serve and defend their Country gratis as our own Lawbooks Histories plentifully manifest and shall such Persons now turne sordid Mercenaries stirre neither hand nor foot without their Pay and be more diligent to get their wages than discharge their Service God forbid It is Recorded of the Children of Gad and Reuben after they had recovered their inheritance on this side Iordan that they went all up armed before the Lord over Iordan
at their owne free cost untill they had driven out all the enemies in it before them subdued the Land and setled their brethren of the other Tribes peaceably in it And shall not Englishmen of Estates doe the like for their Brethren now in these times of need when money the sinewes of Warre is almost quite shrunke up by reason of former Disbursements and want of Trade We read That the very Heathen Kings of Canaan when they came and fought in Taanach by the waters of Megiddo against the Israelites THEY TOOKE NO GAINE OF MONEY for their paines Such was their Noble generosity which Deborah registers in her Song for their eternall Glory And we heare of divers Lords and Gentlemen in the Kings Army which serve against their Country gratis yea furnish out sundry Horse and Foote of their proper cost of few or none such there who receive any Pay And shall these be more free generous active in serving fighting against God Religion Lawes Liberties Parliament and their Country than those of like Ranke and quality on the Parliaments party are in warring for them O let not such an ignoble unchristian Report be ever once justly told in Gath or published in the streets of Askelon lest the daughters of the Philistines rejoyce lest the sonnes and daughters of the uncircumcised triumph I know there are some Heroicke Worthies in the Parliaments Armies of whom I may truely sing with Deborah My heart is toward the Governours of Israel that offered themselves willingly among the people and who like Zebulon and Nepthali have freely jeoparded their lives unto the death in the high places of the field Blessed be their Endeavours and their Names for ever Honourable I shall now onely wish that others would imitate their laudable examples that so our long-lingring warres may be speedily and happily determined in a blessed pure pious secure honourable lasting Peace They are Tormentors not Chirurgions Executioners not true Souldiers who desire endeavour not speedily to close up and heale their dearest Countries bleeding festring wounds for which I have prepared this Treatise as a Soveraigne Balme to incarne and cicatrize them not ulcerate or inflame them It was the Prophets Patheticke expostulation The harvest is past the Summer is ended and we are not healed Is there no balme in Gilead Is there no Physitian there why then is not the health of the Daughter of my people recovered It may be Englands and Irelands expostulation now The Lord put it into the hearts of our great Physitians the King Parliament and Grandees of both Armies that they may now at last with bleeding melting hearts and spirits speedily poure forth such effectuall healing Balmes into these two dying Kingdomes deadly wounds as may effectually cure and restore them to more perfect health and vigor than they ever formerly enjoyed that so they may lose nothing but their putrid blood their proud dead flesh their filthy sanies and corrupt humours by their unnaturall stabs already received Towards the advancement of which much desired cure if these my undigested rude Collections interrupted with sundry inevitable interloping Distractions which may justly excuse their many defects may adde any contribution or satisfie any seduced or scrupulous Consciences touching this present Warre I shall deeme my labours highly recompensed And so recommending them to Gods blessing and thy charitable acceptation I shall detaine thee with no further Prologue Farewell THE SOVERAIGNE POWER OF PARLIAMENTS KINGDOMES PROVING 1 st That the Parliaments present necessary Defensive Warre is Iust and Lawfull both in point of Law and Conscience and no Treason nor Rebellion HAving in the two former Parts of this Discourse dissipated foure chiefe Complaints against the Parliaments proceedings I come now in order in point of time and sequell to the 5 th Grand Objection of the King Royalists and Papists against the Parliament To wit That they have traiterously taken up Armes and levied warre against the King himselfe in his Kingdome and would have taken away his life at Keinton battell which is no lesse than Rebellion and High Treason by the Statute of 25. E. 3. c. 2. with other obsolete Acts and by the Common Law Which Objection though last in time is yet of greatest weight and difficulty now most cryed up and insisted on of all the rest in many of his Majesties late Proclamations Declarations and in Anti-Parliamentary Pamphlets To give a punctuall Answere to this capitall Complaint not out of any desire to foment but cease this most unnaturall bloody warre which threatens utter desolation to us if proceeded in or not determined with a just honourable secure lasting peace now lately rejected by his Majesties party I say First that it is apparent to all the world who are not willfully or maliciously blinded That this Majesty first began this warre not onely by his endeavors to bring up the Northerne Army to force the Parliament confessed by the flight lâ—tters examinations of those who were chiefe Actors in it but by raising sundry forces under colour of a guard before the Parliament levied any Secondly that the Parliament in raising their forces had no intention at all to offer the least violence to his Majesties person Crowne dignity nor to draw any English blood but onely to defend themselves and the Kingdome against his Majesties Malignant invasive plundring Forces to rescue his Majestie out of the hands the power of those ill Councellers and Malignants who withdrew him from his Parliament to bring him backe with honour peace safety to his great Councell their Generall and Army Marching with a Petition to this purpose and to bring those Delinquents to condigne punishment who most contemptuously deserted the Houses contrary to Order Law the Priviledges of Parliament their owne Protestation taken in both Houses sheltring themselves under the power of his Majesties presence and Forces from the justice of the Houses and apprehension of their Officers contrary to all presidents in former ages in High affront of the priviledges honour power of the Parliament and Fundamentall knowne Lawe of the Realme Since which time his Majestie having contrary to his former Proclamations and frequent Printed solemne Declarations entertained not onely divers Irish Popish Rebels but likewise English and Outlandish Papists in his Army and given Commissions to sundry Arch-Popish Recusants to Aâ—me themselves and raise Forces against the Parliament and Kingdom now in the field in all the Northerne parts Wales and other places and that under the Popes owne consecrated Banner as many report in defiance of our Protestant Religion designed by the Popish Party both at home and abroad to no lesse then utter extirpation in England as well as in Ireland if not in Scotland too as some of them openly professe the Parliament are hereupon necessitated to augment and recrute their forces as for the precedent ends at first so now more especially for the necessary defence of the Protestant
Religion established among us by law against which they and all others who are not wilfully blinded visibly discerne a most apparant desperate conspiracie which though not cleerely perceived but onely justly suspected at first doth now appeare all circumstances and agents considered to be the very Embrio and primitive cause of this deplorable warre agâ—inst which the Parliament and subjects are now more necessitated and engaged to defend themselves then ever seeing they have by all possible meanes endeavored to prevent this warre at first and since to accommodate it though in vaine upon just reasonable and honorable safe termes for King and Kingdome The sole Question then in this case thus truely stated will be Whether his Majestie having contrary to his Oath Duty the fundamentall Laws of God and the Realme raised an Armie of Malignants Papists Forraigners against his Parliament Kingdome People to make an Offensive warre upon them to murther rob spoyle deprive them of their peace liberties properties estates to impose unlawfull taxes by force upon them protect Delinquents and evill Councellors against the Parliaments Iustice and violently to undermine our established Protestant Religion the Common-wealth of England legally assembled in Parliament and all Subjects in such cases by Command and direction from both Houses of Parliament may not lawfully and justly without any Treason or Rebellion in point of Law and Conscience take up defensive Armes to preserve the Priviledges of Parliament their Lawes lives liberties estates properties Religion to bring Delinquents and ill Councellours to condigne punishment and rescue his seduced Majestie out of their hands and power though he be personally present with them to assist and countenance them in this unnaturall destructive warre And under correction notwithstanding any thing I ever yet heard or read to the contrary I conceive affirmatively that they may justly do it both in point of Law and Conscience I shall begin with Law because in this unhappie controversie it must direct the conscience First I have already proved in Judgement of Law the Parliament and Kingdome assembled in it to be the Soveraigne power and of greater authority then the King who is but their publike Minister in point of civill Iustice and Generall in matters of warre as the Roman Kings and Emperours were and other forraigne Kings of old and at this day are The Parliament then being the highest power and having principall right and authority to denounce conclude and proclaime warre as I have manifested in the debate of the Militia may not onely lawfully resist but oppugne suppresse all Forces raised against it and the Kingdomes peace or welfare Secondly the principall end of the Kingdomes originall erecting Parliaments and investing them with supreame power at first was to defend not onely with good Lawes and Councell but when absolute necessitie requires as now it doth with open force of Armes the Subjects Liberties Persons Estates Religion Lawes Lives Rights from the encroachments and violence of their Kings and to keepe Kings within due bounds of Law and Iustice the end of instituting the Senate and Ephori among the Lacaedemonians the Senate and Dictators among the Romans the Fâ—rum Suprarbiense and Iustitia Aragoniae among the Aragonians of Parliaments Dietts and Assemblies of the estates in other forraigne Kingdomes and in Scotland as I shall prove at large in its proper place This is cleare by the proceedings of all our Parliaments in former ages Especially in King Iohns Henry the third Edward the 1. 2. 3. and Richard the seconds Raignes by the latter Parliaments in King Iames his raigne yea of 3. Caroli the last dissolved Parliament and this now sitting whose principall care and imployment hath beene to vindicate the Subjects Liberties properties lawes and Religion from all illegall encroachments on them by the Crown and its ill Instruments by the forecited resolutions of Bracton Fleta the Myrror of Iustices Vowell Holinshed the Councell of Basill and others that the Parliament ought to restraine and bridle the king when he casts off the bridle of the Law and invades the Subjects Liberties especially with open force of Armes in an Hostile manner and by the constant practise of our Ancestors and the Barons Warres in maintenance of Magna Charta with other good Lawes and Priviledges confirmed by Parliament If then the Parliament be intrusted by the Kingdome with this Superlative power thus to protect the Subjects Liberties properties Lawes persons Religion c. against the kings invasions on them by policie or violence they should both betray their trust yea the whole kingdome too if they should not with open Force of Armes when Policy Councell and Petitions will not doe it defend their owne and the Subjects Liberties persons priviledges c. against his Majesties offensive Armies which invade them intending to make the whole kingdome a present booty to their insaciable rapine and a future vassall to his Majesties absolute arbitrary power by way of conquest I reade in Bodin that the Roman Senate being no way able to restraine Caesar tooke their refuge to that ancient Decree of the Senate which was commonly made but in dangerous times of the Common-weale Videant Consules caeteri Magistratus ne quid detrimenti câ—piat Respublica Let the Consulls and other Majestrates foresee that the Common-weale take no harme With which decree of the Senate the Consulls being armed sodainely raised their power commanding Pompey to take up Armes and raise an Army against Caesar to oppose his violent proceedings by force who after his conquest of Pompey refusing to rise up to the Consulls Pretors and whole Senate out of his pride through his ill Councellors advise and talking with them as if they had beene but private men he so farre offended both the Senate and people that to free the Republicke from his Tyranny and preserve their hereditary Liberties they conspired his death and soone after murthered him in the Senate-house where they gave him no lesse than 23. wounds And Hieronimus Blanca assures us that the Suprariense Forum Iustitia Aragoniae or States of Aragâ—n erected to withstand the tyrannie and encroachments of their kings may by the Laws of their Realme assemble together and RESIST THEIR KING WITH FORCE OF ARMES as oft as there shall bee neede to repulse his or his Officers violence against the Lawes For when they erected this Court they said It would be little worth to have good Lawes enacted and a middle Court of Iustice betweene the King and people appointed if it might not be lawfull to take up Armes for their Defence when it was needfull being agreeable to the very Law of nature and reason Because then it will not be sufficient to fight with Counsell For if this were not so and the State and Subjects in such cases might not lawfully take up armes all things had long ere this been in the power of Kings Therefore no doubt our Parliament and State as well as others may by
the very Law of Nature and fundamentall institution of Parliaments now justly take up Defensive armes to preserve their Liberties Lawes Lives Estates Religion from vassallage and ruine Thirdly Our owne Parliaments Prelates Nobles and Commons in all ages especially in times of Popery as well in Parliament as out have by open force of armes resisted suppressed the oppressions rapines vnjust violence and armies of their Princes raised against them Yea incountred their Kings in open Battells taken their persons Prisoners and sometimes expelled nay deposed them their Royall authority when they became incorrigible open professed enemies to their kingdomes their Subjects seeking the ruine slavery and desolation of those whom by Office Duty Oath and common Iustice they were bound inviolably to protect in Liberty and peace as the premised Histories of Achigallo Emerian Vortigern Segebert Osred Ethelrâ—d Bernard Edwin Ceolwulfe King Iohn Henry the 3d. Edward 1. and 2. Richard the 2 Henry the 6 th our British Saxon English Kings and other examples common in our owne Annalls plentifully manifest Neither are their examples singular but all Kingdomes generally throughout the world in all ages have done the like when their Kings degenerated into Tyrants of which there are infinite precedens in History which actions all ages all Kingdomes have alwaies reputed lawfull both in point of Policy Law Religion as warranted by the very Lawes of Nature Reason State Nations God which instruct not onely particular persons but whole Cities and Kingdomes for their owne necessary defence preservation the supportation of humane Societie and Libertie to protect themselves against all unlawfull violence and Tyranny even of their Kings themselves or their Ministers to whom neither the Lawes of God Nature Man nor any civill Nation ever yet gave the least authority to Murther Spoile Oppresse enslave their Subjects or deprive them of their lawfull Liberties or Estates which resistance were it unlawfull or unjust as many ignorant Royallists and Parasites now â—each some few oppressing tyrannizing wilfull Princes might without the least resistance ruine murther enslave the whole world of men overthrow all setled formes of civill government extirpate Christian Religion and destroy all humane Society at their pleasures all which had beene effected yea all States and Kingdomes totally subverted long agoe by ambitious Tyrannizing lawlesse Princes had not this Lawfull Naturall Hereditary power of resisting and opposing their illegall violence inherent in their Parliaments States Kingdomes restrained and suppressed their exorbitances of this kinde Now that this necessary Defensive opposition and resistance against open Regall Hostile violence which hath beene ever held lawfull and frequently practised in all Kingdomes all ages heretofore as just and necessary should become sodenly unlawfull to our Parliament and Kingdome onely at this instant seemes very unreasonable unto me Fourthly It is the expresse resolution of Aristâ—tle Xenophon Polibius Pope Elutherius in his Epistle to our first Christian King Lucius King Edward the Confessor in his established Lawes c. 17. the Councell of Paris Anno 829. and Isiodâ—r cited by it Iohn 〈◊〉 Iâ—hn Mariana and generally of all forraigne Divines and Polititians Pagan or Christian yea of Bracton Fâ—â—ta Fortescue and King Iames himselfe that a King governing in a setled Kingdome ceaseth to be a King and degenerates into a Tyrant so soone as hee leaves to rule by his Lawes much more when he begins to invade his Subjects Persons Rights Liberties to set up an Abitrary power impose unlawfull Tâ—xes raise Forces and make Warre upon his Subjects whom he should Protect and rule in peace to pillage plundâ—r â—aste and spoile his Kingdome imprison murther and destroy his people in an hostile manner to captivate them to his pleasure the very highest degree of Tyranny condemned and detested by God and all good men The whole State and Kingdome therefore in such cases as these for their owne just necessary preservation may lawfully with force of Armes when no other course can secure them not onely passively but actively resist their Prince in such his violent exorbitant tyrannicall proceedings without resisting any kingly lawfull royall Authority Vested in the Kings person for the Kingdomes preservation onely not destruction because in and as to these illegall oppressions tyrannicall actions not warranted but prohibited by the Lawes of God and the Realme to whom he is accountable and by whom he is justly censurable for them he is no lawfull King nor Majestrate but an unjust oppressing Tyrant and a meere private man who as to these proceedings hath quite denuded himselfe of his just Regall authority So that all those wholsome Lawes made by the whole State in Parliament for the necessary preservation and defence of their Kings Royall Person and lawfull Soveraigne power the suppression of all Insurrections Treasons Conspiracies and open Warres against them whiles they governe their people justly according to Law as all good Princes are obliged to doe by oath and duty or the open violent resisting of their Lawfull authority and Commands to which all Subjects both in point of Law and Conscience ought cheerfully and readily to Submit will yeeld no publike Countenance Encouragement or Protection at all to Kings in their irregall tyrannicall oppressions or violent courses especially when they turne professed publike enemies to their people proclaime open Warre against them invade their Lawes Liberties Goods Houses Persons and exercise all acts of Hostilitie against them as farre forth as the most barbarous Forraigne Enemies would doe It being against all common sence and reason to conceive that our Parliaments Lawes which strictly inhibit and punish the very smallest violations of the publike peace with all kinds of Oppressions Robberies Trespasses Baâ—tâ—ries Assaults Bloodsheds Fraies Murthers Routs Riots Insurrections Burglaries Rapes Plunderings Force-able Entries Invasions of the Subjects Liberties or Properties in all other persons and greatest publike Officers whatsoever whose Delinquences are so much the more hainous execrable and censurable as their persons honours and places are more eminent should so farre countenance justifie or patronize them onely in the King the Supreame fountaine of Iustice ad tutelam Legis corporum bonorum crectus as Fortescue and Sir Edward Cooke resolve Cujus Potestas Iuris est non Injuriae cum sit author Iuris non debet inde injuriarum nasci occasio unde Iura nascâ—nt ur as Bracton and Fleta determine as not to permit the Subjects under paine of Rebillion and high Treason by force of Armes upon expresse command and direction of the whole Kingdome in Parliament so much as to defend their Persons Goods Estates Houses Wives Children Liberties Lives Religion against the open violence of the King himselfe or his Malignant plundring murthering Papists Caveleers When as Kings of all others as Bracton Fortescue and Mariana prove at large both by Oath and Duty ought to be more
observant of and obedient to the Laws of God and their Realmes which are no respectors of Persons then the very meanest of their Subjects That Precept then of Paul Rom. 13. 1. 2. 3. Let every Soule be subject to the higher Powers c. And the Statute of 25. E. 3. c. 2. with other obsolete Acts which declare it High Treason to levy Warre against the King in his Realme must needs be intended of and quallified with these subsequent just limitations sutable to their genuine sense and meaning to wit That as long and so farre foorth as Kings justly and uprightly doe execute their just Royall power conferred on them by God and their people according to the Law of God and their Realmes to the Protection encouragement and praise of all their good Subjects and the deserved punishment onely of Malefactors they must and ought to be cheerefully obeyed and quietly submitted to as Gods owne Ministers without the least resistance private or publike neither ought any private men upon any private injuries of their owne authority to raise up in Armes against them seeing they are publike Magistrates in whom all the Kingdome have an interest without the generall assent and authority of the whole State and Kingdome or of both Houses of Parliment which represents it But if Kings degenerate into Tyrants and turne professed enemies to their Kingdomes Parliaments People by making open Warre against them by spoyling murthering imprisoning maiming sacking destroying or putting them out of their Protections without any just or lawfull grounds endeavouring by force of Armes to subvert their Lawes Liberties Religion and expose them as a prey to their mercilesse blood-thirsty Souldiers or bring in Forraigne Forces to conquer them our present case I dare confidently averre it was never the thought nor intention of Paul or the Holy Ghost much lesse of our Nobles Prelats and Commons in Parliament which enacted these Lawes who so oft tooke up Armes aswell offensive as defensive against our Kings in such like cases heretofore to inhibit Subjects Kingdomes Parliaments especially by direct Votes and Ordinances of both Houses under paine of damnation high Treason or Rebellion by defensive Armes to resist Kings themselves or any of their Cavalliers and if this question had beene put to Paul Peter or any of those Parliaments which enacted these objected Lawes Whether they ever meant by these Precepts or Statutes totally to prohibite all Subjects by generall assent in Parliament to take up such defensive Armes or make any forceable resistance against their Kings or their Armies in such cases of extremity and necessity as these under the foresaid penalties I make little question but they would have clearely resolved that it was never so much as within the compasse of their thoughts much lesse their plaine intention to prohibite such a resistance in this or such like cases but onely according to the precedent exposition of their words and that they never imagined to establish in the world any Vnresistable Lawlesse Tyranny or any such spoile or butchery of Kingdomes of Subjects execrable to God and man in all persons all ages which have resisted them even unto blood but rather totally to suppresse them There being scarce any more pregnant Text against the Tyranny the boundlesse Prerogatives the illegall proceedings of Kings and Higher Powers in all the Scripture thâ—â— that of Romans 13. 1. to 7. if rightly scanned as Pareus and others oâ— it manifest Therefore the Parliaments and peoples present defensive Warre and resistance against their seduced King and his Malignant Popish Cavalliers is no violation of any Law of God of the Realme but a just necessary Warre which they have to the uttermost endeavoured to prevent and no Treason no Rebellion at all within the meaning of any Law or Statute unlesse we should thinke our Parliaments so mad as to declare it high Treason or Rebellion even for the Parliament and Kingdome itselfe so much as to take up Armes for their owne necessary preservation to prevent their inevitable ruine when they are openly assaulted by Royall armies which none can ever presume they would doe being the very high way to their owne and the whole Kingdomes subversion Fiftly admit the King should bring in Forraigne forces French Spanish Danes Dutch or Irish to destroy or Conquer his Subjects Parliament Kingdome as some such forces are already landed and more expected dayly and should join himselfe personally with them in such a service I thinke there is no Divine Lawyer or true hearted Englishman so void of reason or common understanding as to affirme iâ— Treason or Rebellion in point of Law and a matter of Damnation in Conscienâ—â— or true Divinity for the Parliaments Subjects Kingdome to take up necessary defensive armes for their owne preservation in such a case even against the King himselfe and his army of Aliens but would rather deeme it a just honourable necessary action yea a duty for every English man to venture his life and all his fortunes for the defence of his owne dearest Native Countrey Posterity Liberty Religion and no lesse then a glorious Martyrdome to dye manfully in the Field in such a publicke quarrell the very Heathens generally resolving that Dulce decorum est pro Patria mori Et mortes pro Patria appetitae Non solum gloriosae Rhetoribus sed etiam beatae videri solent In a case of this quallitie Whence that noble Romane Camillus professed to all the Romanes in a publike Oration Patriae dâ—esse quoad vita suppetat alijs turpe Camillo etiam NEFAS EST. And is not there the selfesame equity and reason when the King shall raise an Army of Popish English or Irish Rebels Malignants Delinquents and bring in Forraigners though yet in no great proporation to effect the like designe If armed forceable resistance be no Treason no Rebellion in Law or Conscience in the first it can be no such crime in our present case Sixty I would demand of any Lawyer or Divine What is the true genuine reason that the taking up of offensive armes against or offering violence to the person or life of the King is High Treason in point of Law and Divinitie Is it not onely because and as he is the head and chiefe member of the Kingdome which hath a Common interest in him and because the Kingdome it selfe sustaines a publike prejudice and losse by this War against and violence to his Person Doubtlesse every man must acknowledge this to be the onely reason for if he were not such a publike person the levying War against or murthering of him could be no High Treason at all And this is the reason why the elsewhere cited Statutes of our Realme together with our Historians make levying of Warre deposing or killing the King by private persons High Treason not onely against the King but the REALME and Kingdome to Witnesse the Statutes of 5. R. 2. c. 6. 11. R. 2. c. 1. 3. 6. 17
Armes against his loyall Subjects and assault their persons to murther them and spoyle their goods if they by common consent in Parliament especially shall forcibly resist disarme or restraine his person till his fury be appeased and his judgement rectified by better councells shall this be Treason Rebellion or Disloyaltie God forbid I thinke none but mad men can or will averre it It was a great doubt in Law till the statute of 33. H. 8. c. 20. setled it If a party that had committed any high Treasons when he was of perfect memory after accusation examination and confession thereof beâ—came madde or lunaticke where he should bâ— tried and condemned for it during this distemper And some from that very act and 21. H. 7. 31. 36. Ass 27. 12. H. 3. For faiture 33 and Dower 183. Fitz. Nat. Br. 202. D. Stamford Pleas 16. b. and Cooke l. 4. f. 124. Beverlyes case which resolve that a Lunaticke or Non Compos cannot be guilty of murther feloney or petite Treason because having no understanding and knowing not what he doth he can have no fellonius intention conceive that a reall mad-man cannot be guilty of high Treason though Sir Edward Cooke in Bevâ—rlies case be of a contrary opinion if he should assault or kill his king And I suppose few will deeme Walter Terrils casuall killing of King William Rufus with the glance of his arrow from a tree shot at a Deere high Treason neither was it then reputed so or he prosecuted as a Traytor for it because he had no malicious intention as most thinke against the King or any thought to hurt him But I conceive it out of question if a king in a distracted furious passion without just cause shall invade his subjects persons in an open hostile manner to destroy them it neither is nor can be Treason nor Rebellion in them if in their owne necessary defence alone they shall either casually wound or slay him contrary to their loyall intentions and those Statutes and Law-bookes which judge it high Treason for any one maliciously and trayterously to imagine compasse or conspire the death of the King will not at all extend to such a case of meere just defence since a conspiracie or imagination to compasse or procure the Kings death can neither be justly imagined nor presumed in those who are but meerely defensive no more then in other common cases of one mans killing another in his owne inevitable defence without any precedent malice in which a Pardon by Law is granted of course however questionlesse it is no Treason nor murther at all to slay any of the kings souldiers and 〈◊〉 who are no kings in such a defensive warre Sixthly suppose the King should be captivated or violently led away by any forraign or domesticke enemies to him and the kingdome and carried along with them in the field to countenance their warres and invasions upon his loyallest Subjects by illegall warrants or Commissions fraudulently procured or extorted from him If the Parliament and Kingdome in such a case should raise an Army to rescue the King out of their hands and to that end encountring the enemies should casually wound the King whiles they out of loyalty sought onely to rescue him I would demaund of any Lawyer or Divine whether this Act should be deemed Treason Rebellion or Disloyalty in the Parliament or army Or which of the two Armies should in point of Law or Conscience be reputed Rebells or Traytors in this case those that come onely to rescue the King and so fight really for him indeed though against him in shew and wound him in the rescue Or those who in shew onely fought for him that they might still detaine him captive to their wills Doubtlesse there is no Lawyer nor Theologue but would presently resolve in such a case that the Parliaments Army which fought onely to rescue the King were the loyall Subjects and the Malignants army who held him captive with them the onely Rebels and traytors and that the casuall wounding of him proceeding not out of any malicious intention but love and loyalty to redeeme him from captivity were no trespasse nor offence at all being quite besides their thoughts and for a direct president It was the very case of King Henry the third who together with his sonne Prince Edward being taken Prisoner by the Earle of Leycester in the battle of Lewis and the Earle afterwards carrying him about in his Company in nature of a Prisoner to countenance his actions to the great discontent of the Prince the Earle of Glocester and other Nobles hereupon the Prince and they raising an Army encountred the Earle and his Forces in a battle at Evesham where the King was personally present slew the Earle Routed his Army and rescued the king in this cruell battell the king himselfe being wouded unawares with a Iavelin by those who rescued him was almost slaine and lost much of his blood yet in a Parliament soone after sommoned at Winchester Anno 1266. the Earle and his Army were dis-inherited as Traytors and Rebels but those who rescued them though with danger to his person rewarded as his loyall subjects And is not this the present case A company of malignant ill Councellors Delinquents Prelates Papists have withdrawne his Majestie from his Parliament raised an Army of Papists Forraigners Delinquents and Male-contents to ruin the Parliament Kingdome Religion Lawes Liberties to countenance this their designe they detaine his Majestie with them and engage him all they can on their side the Parliament out of no disloyall intention but onely to rescue his Majesties person out of their hands to apprehend delinquents preserve the Kingdome from spoyle and defend their Priviledges Persons Liberties estates religion from unjust invasion have raised a defensive Army which encountred these Forces at Edgehill where they say the King was present slew the Lord Generall Earle of Lindsey with many others and as they never intended so they offered no kind of hurt or violence at all to his Majesties person then or since and now full sore against their wils Petitions endeavours for peace they are necessitated to continue this offensive warre for their owne and the Kingdomes necessary preservation The sole question is Whether this Act this Defensive Warre of the Parliament and their Forces be high Treason or Rebellion and who are the Traytors and Rebells in this case Certainly if I understand any Law or Reason the Parliament and their Forces are and must be innocent from these crimes and their opposite Popish Malignant Cavaleers the onely Rebels and Traytors as this Parliament the onely proper Judge of Treasons hath already voted and declared them in point of Law Seventhly it is Littletoâ—s and other Law-bookes expresse resolutions That if a man grant to another the Office of a Parkership of a Parke for life the estate which he hath is upon condition in Law though not expressed that he shall well
Rebellion nor Trespasse in the Barons against the king or kingdome but a warre for the honour of God the salvation of the king the maintenance of his Crowne the safety and common profit of â—ll the Realme much more must our Parliaments present defensive warre against his Majesties 〈◊〉 Councellors Papists Malignants Delinquents and men of desperate fortunes risen up in Armes against the Parliament Lawes Religion Liberties the whole Kingdomes peace and welfare be so too being backed with the very same and farre better greater authority and more publike reasons then their warre was in which the safety of Religion was no great ingredient nor the preservation of a Parliament from a forced dissolution though established and perpetuated by a publike Law King Henry the 4 th taking up Armes against King Richard and causing him to be Articled against and judicially deposed in and by Parliament for his Male-administration It was Enacted by the Statute of 1. Hen. 4. cap. 2. That no Lord Spirituall nor Temporall nor other of what estate or condition that he be which came with King Henry into the Realme of England nor none other persons whatsoever they be then dwelling within the same Realme and which came to this King in aide of him to pursue them which were against the Kings good intent and the COMMON PROFIT OF THE REALME in which pursuite Richard late King of England the second after the Conquest was pursued taken and put in Ward and yet remaineth in Ward be impeached grieved nor vexed in person nor in goods in the Kings Court nor in none other Court for the pursuites of the said King taking and with-holding of his body nor for the pursuits of any other taking of persons and cattells or of the death of a man or any other thing done in the said pursuite from the day of the said King that now is arived till the day of the Coronarion of Our said Soveraigne Lord Henry And the intent of the King is not that offendors which committed Trespasses or other offences out of the said pursuits without speciall warrant should be ayded nor have any advantage of this Statute but that they be thereof answerable at the Law If those then who in this offensive Warre assisted Henry the 4 th to apprehend and depose this perfidious oppressing tyrannicall king seduced by evill Counsellors and his owne innate dis-affection to his naturall people deserved such an immunity of persons and goods from all kinds of penalties because though it tended to this ill kings deposition yet in their intentions it was really for the common profit of the Realme as this Act defines it No doubt this present defensive Warre alone against Papists Delinquents and evill Counsellors who have miserably wasted spoiled sacked many places of the Realme and fired others in a most barbarous maner contrary to the Law of Armes and Nations and labour to subvert Religion Laws Liberties Parliaments and make the Realm a common Prey without any ill intention against his Majesties Person or lawfull Royall Authority deserves a greater immunity and can in no reasonable mans judgement be interpreted any Treason or Rebellion against the king or his Crowne in Law or Conscience In the 33. yeare of king Henry the 6 th a weake Prince wholly guiâ—ed by the Queene and Duke of Somerset who ruled all things at their wills under whose Government the greatest part of France was lost all things went to ruine both abroad and at home and the Queene much against the Lords and Peoples mindes preferring the Duke of Sommerset to the Captain ship of Calice the Commons and Nobility were greatly offended thereat saying That he had lost Normandy and so would he doe Calice Hereupon the Duke of Yorke the Earles of Warwicke and Salisbury with other their adherents raised an Army in the Marches of Wales and Marched with it towards London to suppresse the Duke of Sommerset with his Faction and reforme the Governement The king being credibly informed hereof assembled his Host and marching towards the Duke of Yorke and his Forces was encountred by them at Saint Albanes notwithstanding the kings Proclamation to keepe the Peace where in a set Battell the Duke of Somerset with divers Earles and 8000. others were slaine on the kings part by the Duke of Yorke and his companions and the king in a manner defeated The Duke after this Victory obtained remembring that he had oftentimes declared and published abroad The onely cause of this War to be THE ADVANCEMENT OF THE PVBLIKE WEALE and TO SET THE REALME IN A MORE COMMODIOVS STATE and BETTER CONDITION Vsing all lenity mercy and bounteousnesse would not once touch or apprehend the body of King Henry whom he might have slaine and utterly destroyed considering that hee had him in his Ward and Governance but with great honour and due reverence conveyed him to London and so to Westminster where a Parliament being summoned and assembled soone after It was therein Enacted That no person should either judge or report any point of untruth of the Duke of Yorke the Earles of Salisbury and Warwicke For comming in Warlike manner against the King at Saint Albanes Considering that their attempt and enterprise Was onely to see the Kings Person in Safeguard and Sure-keeping and to put and Alien from Him the publike Oppressors of the Common wealth by whose misgovernance his life might be in hazard and his Authority hang on a very small Thred After this the Duke anâ— these Earles raised another Army for like purpose and their owne defence in the 37 and 38 yeares of H. 6. for which they were afterwards by a packed Parliament at Coventree by their Enemies procurement Attainted of high Treason and their Lands and Goods confiscated But in the Parliament of 39. H. 6. cap. 1. The said attainder Parliament with all Acts and Statutes therein made were wholly Reversed Repealed annulled as being made by the excitation and procurement of seditious ill disposed Persons for the accomplishment of their owne Rancor and Covetousnesse that they might injoy the Lands Offices Possessions and Goods of the lawfull Lords and liege People of the King and that they might finally destroy the said lawfull Lords and Liege People and their Issues and Heires forever as now the Kings ill â—ounseilors and hungry Cavalleers seek to destroy the Kings faithfull Liege Lords and People that they may gaine their Lands and Estates witnesse the late intercepted Letter of Sir Iohn Bâ—ooks giving advise to this purpose to his Majestie and this Assembly was declared to be no lawful Parliament but a devillish Counsell which desired more the destruction then advancement of the Publike weale and the Duke Earles with their assistants were restored and declared to be Faithful and Lawful Lords and Faithful liege People of the Realme of England who alwaies had great and Fathfull Love to the Preferrement and Surety of the Kings Person according to their Duty If then these two Parliaments acquitted
of England and Scotland beene resolved and declared to be no Treason no Rebellion at all against the King by the very same or better reason all circumstances duely pondered our Parliaments present taking up Armes and making a Defensive Warre for the endes aforesaid neither is nor can be adjudged Treason or Rebellion in point of Law or Iustice. In fine the King himself in his Answer to the 19. Propositions of both Houses Iune 3. 1642. Confesseth and calleth God to witnesse That aâ— the Rights of his Crowne are vested in hâ—m for his Subjects sake That the Prinâ—e may not make use of his high and perpetuall power to the hurt of those for whose good he hath it nor make use of the name of publike Necessity for the gaine of his private Favourites and Followers to the detriment of his people That the House of Commons may impeach those who for their owne ends though countenanced with any surreptitiously gotten Command of the King have violated that Law which he is â—ound when he knowes it to protect and to protection of which they were bound to advise him at least Not to serve him in the Contrary let the Cavalleers and others consider this and the Lords being trusted with a Iudiciary power are an excellent screene and banke betweene the King and people to assist each against any Incroachments of the other and by just Iudgements to preserve that Law which ought to be the Rule of every one of the three Therefore the power Legally placed in both Houses Being more then sufficient to prevent and restraine the power of Tyranny by his Majesties owne Confession it must needs be such a power as may legally inable both Houses when Armes are taken up against them by the King or any other to subvert Lawes Liberties Religion and introduce an Arbitrary government not onely to make Lawes Ordinances and Assessements but likewise to take up Armes to defend and preseve themselves their Lawes Liberties religion and to prevent restraine all forces raysed against them to set up Tyranny else should they want not onely a more then sufficient but even a sufficient necessary power to prevent and restraine the power of Tyranny which being once in armes cannot bee restraned prevented repulsed with Petitions Declarations Lawes Ordinances or any Paper Bulwarkes and Fortifications or other such probable or possible meanes within the Parliaments power but onely by Armes and Militarie Forces as reason and experience in all Ages manifest From all which pregnant punctuall domesticke Authorities and resolutions of Ancient Moderne and present times I presume I may infallibly conclude That the Parliaments present taking up necessary Defensive Armes is neither Treason nor Rebellion in iudgement of Law but a iust and lawfull Act for the publicke benefit and preservation of King Kingdome Parliament Lawes Liberties Religion and so neither their Generall Souldiers nor any person whatsoever imployed by them in this War or contributing any thing towards its maintenance are or can be Legally indicted prosecuted or in any manner proceeded against as Traitors Rebels Delinquents against the King or Kingdome and that all Proclamations Declarations Indictments or proceedings against them or any of them as Traitors Rebels or Delinquents are utterly unlawfull uniust and ought to be reversed as meere Nullities It would be an infinite tedious labour for me to relate what Civilians and Canonists have written concerning Warre and what Warre is just and lawfull what not In briefe they all generally accord That no Warre may or ought to be undertaken cut of covetousnesse lust ambition cruelty malice desire of hurt revenge or fer booty propter praedam enim militare peccatum est Whence Iohn Baptist Luke 3. 14. gave this answer to the Souldiers who demanded of him what shall we doe Doe violence to no man neither accuse any man falsly and be content with your wages Ne dum sumptus quaeritur praedo grassetur Which prooves the Warres of our plundring pillaging Cavalleers altogether sinnefull and unjust And that such a Warre onely is just which is waged for the good and necessary defence of the Common-wealth by publike Edict or consent or to regaine some thing which is unjustly detained or taken away and cannot otherwise be acquired or to repell or punish some injury or to curbe the insolency of wicked men or preserve good men from their uniust oppressions which Warres ought onely to be undertaken out of a desire of Peace as they prove out of Augustine Gregory Isidor Hispalensis and others In one word they all accord That a necessary defensive Warre to repulse an Injury and to preserve the State Church Republike Freedomes Lives Chastities Estates Lawes Liberties Religion from unjust violence is and ever hath beene lawfull by the Law of Nature of Nations yea By all Lawes whatsoever and the very dictate of Reason And that a necessary defensive Warre is not properly a Warre but a meere Defence against an unlawfull Violâ—nce And therefore must of necessitie be acknowledged lawfull because directly opposite to and the onely remedy which God and Nature have giuen men against Tyrannicall and unjust invasions which are both sinnefull and unlawfull And so can be no Treason no Rebellion no crime at all though our Princes or Parents be the unjust assailâ—nts Of which see more in Hugo Grotius de Iure Belli l. 2. c. 1. I shall closeup the Civillians and Canonists Opinions touching the lawfulnesse of a Defensive Warre with the words of Albericus Gentilis Professor of Civill Law in the Vniversitie of Oxford in Queene Elizabeths Raigne Who in his learned Booke De Iure Belâ—i Pacis Dedicated to the most illustrious Robert Devoreux Earle of Essex Father to the Parliaments present Lord Generall determines thus Lib. 1. cap 13 pag. 92. c. Although I say there be no cause of warre from nature yet there are causes for which we undertake warre by the conduct of nature as is the cause of Defence and when warre is undertaken because something is denied to to be granted which nature it selfe affords and therefore because the Law of nature is violated Warre is undertaken We say there is a three fold Defence one Necessary another Profitable a third Honest yet wee shall deeme them all Necessary He who defends himselfe is said to be necessitated neither will Baldus have us distinguish whether he defend himselfe his goods or those under his charge whether neere or remote His defence is necessary and done for necessary defence against whom an armed enemy comes and his against whom an enemy prepares himselfe and to such a one the same Baldus truly teacheth ayde is due by compact whom others likewise approve This warre we may say was anciently undertaken against Mithridates and against his great preparations Neither ought wise men to expect till he had professed himselfe an enemy but to looke more into his deeds then words Thus whiles we say necessity we speake not
and flee from when as they want power meanes or convenience to resist it they may no doubt lawfully resist even with force of Armes when they have sufficient meanes and conveniences to resist and cannot flee or submit thereto without the publicke ruine since the same justice and equity which enables them by flight or stratagem to decline unjust assaults of a superior power or its judgements doth likewise enable them to escape and prevent it with resistance when they cannot doe it by flight or other policiâ— If then they may lawfully with a safe conscience hide flee or use lawfull policies to prevent the open injust violence of their kings and their Officers when not guilty of any capitall crime deserving censures because by the very light of nature and Law of Charity they are obliged to preserve themselves from unjust tyrannie and are no wayes bound to subject themselves to the cruelty the unjust assaults or oppressions of others then by the selfesame reason they may lawfully with force of Armes defend themselves against such violent unjust attempts which they are no way obliged to submit unto when as they cannot conveniently secure themselves and the publicke but by such resistance and should both betray their owne the publicke safety and Religion as the Subjects and Parliament should now do in case they did not resist by force of Armes to the utmost of their power and become worse than Infidels who have even thus oft provided for their owne and the Republickes securitie Fifâ—ly God himselfe the fountaâ—ne of justice the God of Order the preserver of humane society who detests of all tyranny cruelty oppression injustice out of his Philanthropie which brought the Sonne of his bosome from heaven to earth would never certainely in point of policy or conscience prohibit that which is the onely probable meanes and apparent remedy to prevent suppresse disorder tyranny cruelty oppression injustice yea confusion in the world and to preserve good order and humane society a truth so apparent that no rationall man can contradict it Therefore questionesse he never prohibited forcible necessary resistance of the highest powers and their instruments in cases of open unjust violence and hostile invasion made upon their people to ruine them or subvert their established government Laws Liberties Iustice Religion There being no other probable ordinary meanes left to any Kingdome Nation People to preserve their government lives Lawes Liberties Religion and to prevent suppresse or redresse tyrannie cruelty disorder confusion yea utter ruine when their Kings and Governors degenerate into Tyrants invading them with open force but onely defensive Armes prayers and teares alone without military opposition by force of Armes being no more able to defend a person City or Kingdome against Opprâ—ssing Princes and their Armies then against theeves Pyrates or common enemies whom they must and ought to resist as well with Armes as Orisons with Speares as well as Teares else they should but tempt the Lord and destroy themselves like those Iewes and Gothes who would not fight upon the Sabbath and so were slaine by their enemies without resistance yea wilfully suffer the Common-weale to be subverted Religion exâ—irpated Lawes trampled under feete their own posterities to be enslaved ruined without any opposition even in a moment For were it utterly unlawfull and no lesse then Treason or Rebellion in point of conscience for any subjects to take up Defensive Armes to resist the Kings army or forces consisting for the most part of Papists Delinquents deboist Athesticall persons of broken fortunes seared consciences and most irreligious lives I appeale to every mans conscience how soone these unresisted Instruments of cruelty would utterly extirpate our protestant Religion and common faith for which we are enjoyned earnestly to contend and strive 〈◊〉 3. Phil. 1. 27. 28. And shall we then yeeld it up and betray it to our adversaries without strife or resistance how sodainely would they ruin our Parliament Lawes Liberties subvert all civill order government erect an arbitrary Lawlesse tyrannicall Regency regulated by no lawes but will and lust how soone would they murther imprison execute our Noblest Lords Knights Burgesses best Ministers and Commonwealths-men for their fidelity to God their King and Country how many Noble families would they disinherite how many wives widdowes Virgins would they force and ravish what Cities what Countries would they not totally pillage plunder sack ruine consume with fire and sword how soone would our whole Kingdome become an Acheldama a wildernesse a desolation and the surviving inhabitants either slaves or beasts if not devils incarnate Yea how speedy might any private Officers Captaines Commanders by colour of illegall Comâ—issions and commands from the King or of their Offices and all the notorious rogues and theeves of England under colour of being listed in the Kings Army if the people might not in point of Law or Conscience resist them with Armes who came armed for to act their villanies maliciously rob spoyle plunder murther all the Kings leige people without any remedy or prevention and by this pretext that they are the Kings Souldiers sodainely seise and gaine all the armes treasure forts ammunition power of the Realme into their possessions in a moment and having thus strengthned themselves and slaine the Kings faithfull subjects usurpe the crown it selfe if they be ambitious as many private Captaines and Commanders have anciently slaine divers Roman and Grecian Emperours yea sundry Spanish Gothish and Moorish Kings in Spain by such practises and aspired to their Crowns of which there are sundry such like presidents in most other Realmes to prevent redres which severall destructive mischiefes to People Kingdome Kings themselves God himselfe hath left us no other certaine proper sufficient remedy but a forcible resistance which all Kingdomes Nations throughout the world haue constantly used in such cases as I shall manifest more largely in the Appendix Therefore certainely it must needs bee lawfull being Gods and Natures speciall Ordinance to secure innocent persons Cities Nations Kingdomes Lawes Liberties Lives Estates Religion and mankinde it selfe against the hurtfull Lusts of unnaturall Tyrants and their accursed instruments against ambitious treacherous male-contented Spirits maliciously bent against the publicke weale and peace There are two things onely which usually restraine inferiour persons from murthering robbing disseising injuring one another the one is feare of punishment by the Magistrate the other feare and danger of being resisted repulsed with shame and losse of limbe or life by those they violently assault injure and were this once beleeved received for Law or Divinity in the world that it were unlawful to resist repulse a theefe murtherer riotor or disseisor comming in the Kings name long enjoy his life goods liberty lands but some or other would deprive him of them notwithstanding all restraints of Lawes of penalties and maintaine suites against him with his owne estate violently seised on the right of lawfull defence being every
but the quite contrary Should Tyrants enjoyne men as some have done to offer sacrifice to Idols to renounce Christianity abjure Iesus Christ and yeeld up their chastity to their unruly lusts Gods Law and conscience in such cases enjoynes them of necessity to disobey and resist those commands even for conscience sake as every man endued with conscience must acknowledge Therefore this Text extends not to resistance of such exorbitant powers in such lawlesse cases Eighthly the Apostle thus proceeds Vers. 6. For this cause also pay you tribute for they are Gods Ministers attending continually upon this very thing What doe men pay any Tribute to Princes or Magistrates for this cause that they may subvert Religion Lawes Liberties that they may plunder murther warre upon and expose them to the rapine of their ungodly Malignant Cavaliers Or are Magistrates Gods Ministers attending continually upon this very thing to ruine Parliaments Church State people would any men thinke you give Tyrants wages for such a service to cut their throats to devoure and undoe them in soule body estate Or do not they pay tribute to and Magistrates attend continually upon quite contrary imployments If so as none can contradict then the resistance here is onely intended of lawfull Magistrates who continually attend upon their charge to protect the good and punish Malefactors not of Tyrants who doe quite contrary and therefore are to be resisted Ninthly he infers from the premises Vers. 7. Render therefore to every man his due tribute to whom tribute custome to whom custome feare to whom feare honour to whom honour By what Law of God are obedience feare and honour due to Tyrants in their ungodly exorbitant unjust commands to subvert Religion Lawes Liberties Certainly the Apostle hath no where in this Text nor God himselfe in any other Scripture expressed such obedience resistance feare or honour to be due unto them and Elisha his speech to King Iehoram 2 King 3. 13. 14 compared with Ezek. 21. 25. Iob 12. 19. 21. Ch. 34. 19. Nehem. 4. 7. to 20. Ch. 13. 17. Isa. 1. 23. Ch. 41. 25. Lam. 1. 6. Ch. 5. 2 proves directly that they are not their due Therefore this Text extends not to them but onely to lawfull Magistrates Lastly he concludes hence Vers. 8. Owe no man any thing but to love one another for be that loveth another hath fulfilled the Law Now no such Love is owing to Tyrants who subvert Religion Lawes Liberties but we are to hate them with a perfect hatrâ—d as enemies both to God and man borne for the publike prejudice Psal. 139. 21. 22. Psal. 109. 1. to 21. 28 29. but onely just and upright Magistrates Therefore this Text is intended onely of them By all these premises it is undeniable that the resistance here prohibited is onely of lawfull Magistrates in the due execution of their Offices according to the Lawes of God and the Realmes they live in not of tyrannicall oppressing Princes Rulers or their instruments forcibly indeavouring to ruine Religion Lawes Liberties Parliaments Kingdomes which fully refutes the Doctors fourth Observation of which more anon I now proceed to some farther disquisitions for the finall clearing of this Text and herein I shall examine First what is meant by higher powers whether Kings or the Roman Emperor onely as our objectors pretend or all civill Magistrates whatsoever as well as Kings Secondly whether the Roman Emperour in Pauls time were the highest Soveraign power in that State or the Senate Thirdly whether Tyrants and unjust oppressing Magistrates as they are such be within the intendment of this Text and not to be resisted in any case Fourthly whether Kings and kingdomes be Gods Ordinance or an institution jure divino or a humane ordinance jure humano and how farre divine or humane Fiftly what resistance of the higher powers is here prohibited For the first of these By the higher Powers it is cleare that Kings and Emperours onely are not meant as our opposites dreame but all kinde of civill Rulers and temporall Magistrates whatsoever from the King himselfe to the Constable and Tithingman As is apparent first by the word higher Powers used indefinitely in the plurall number without mentioning any speciall kind of power Secondly by those words There is NO POWER but of God the powers THAT ARE that is all lawfull powers whatsoever now in being are ordained of God which universall Negative and Affirmative must necessarily include all lawfull civill powers Thirdly by the following words For Rulers c. that is all Rulers in the plurall number a Title common to all inferiour Officers witnesse Exod. 18. 21. 22. 25 26. See 1 Chron. 12. 14. And Moses chose able men out of all Israel and made them HEADS over the people RVLERS of thousands Rulers of hundreds Rulers of fifties and Rulers of tennes such as our Tithingmen are and they judged the people at all seasons So that the Tithingman is a Ruler a higher power within this Text. Fourthly the word Ministers For they are Gods Ministers c. in the plurall too extending generally to all officers Fiftly by v. 6 7 8. Render therefore to ALL their dues that is to all Magistrates whatsoever as these ensuing words evidence tribute to whom tribuâ—e is due custome to whom custome feare to whom feare honour to whom honour Owe nothing to ANY MAN c. that is to ANY Magistrate or Ruler of what kind soever Sixtly by parallel Texts extending as well to inferiour lawfull Magistrates and Officers as to Kings as â— Tim. 2. 1. I exhort therefore that first of all supplications prayers c. be made for all men for Kings and ALL THAT BE IN AVTHORITIE c. Titus 3. 1. Put them in minde to be subject to principalities and powers to obey Magistrates all in the plurall 1 Pet. 2. 13. 14. Submit your selves to EVERY ORDINANCE of man for the Lords sake whether it be to the King as supreame or unto GOVERNORS in the plurall as unto those that are sent by him for the punishment of evill doers and the prayse of them that doe well Compared with Iosh. 1. 16. 17. 18. Ezra 7. 25 26. Ephes. 6. 1. 5. Col. 3. 18. 20. 23. 1 Tim. 6. 1. Heb. 13. 17. Exod. 22. 28. Chap. 18. 21 22. 25 26. 2 Kings 11. 4. Seventhly by all Expositors generally on this Text ancient moderne Protestants Papists who grant that this Text extends to all civill Magistrates as well inferiour and subordinate as superiour and many sticke not to straine it even to Ecclesiasticall ones So Origen Ambrose Hierome Remigius Theodulus Chrysostome Theodoret Primasius Haymo Rabanus Maurus Theophylact Oâ—cumenius Haymo Aquinas Anselm Iyra Bruno Gorran Hugo de Sancto Victore Tostatus Luther Calvin Erasmus Melanchthon Gualther Musculus Bucer Hemingius Ferus Fayus Soto Alexander Alesius Peter Martyr Pareus Beza Piscator Zuinglius Tollet Willet Wilson Nacclantus Snecanus Vignerius Wenerichius Winckelman Estius Faber Cornelius a Lapide Salmeron Catharinus
that Crowne of Martyrdome which they desired and to offer up themselves a voluntary freewill oblation to the Lord who would certainly avenge all their wrongs This is the sum of all these Authorities which evidence resistance lawfull in it selfe and to these Christians too in their owne judgements and resolutions though the desire of Martyrdome made them freely to forbeare it These Examples and Authorities therefore abundantly corroborate and no wayes impeach our cause Thirdly their examples of not resisting Persecuters being rather voluntary then enjoyned out of a longing desire to be Martyrs and an assurance of divine vengeance to be executed on their Persecuters is no restraint nor ground at all for other Christians now not to use any forcible resistance it being a grosse inconsequent to argue The Primitive Christians voluntarily refused to defend themselves with force of Armes against their Persecuters though they were not bound in point of Conscience from such resistance and had both liberty and power to resist Ergo Christians in point of Conscience ought not to make any forcible resistance against oppressing Lords and Persecuters now For then this their voluntary choice and election should deprive all following Christians of that ability of defence which both themselves then had and since enjoy by Gods and Natures Law Yet this is all the argument which can be ingeniously framed from these Authorities and Examples the absurdity whereof I shall thus further illustrate from like Precedents We know first That the primitive Christians out of a desire of martyrdome not only refused to resist but to flee away from their Persecuters when they might safely doe it some of them holding it unlawfull and dishonourable to flee in such a case by name Tertullian in his booke De fuga in persecutione Will our Opposites from hence inferre Ergo it is unlawfull for Christians not onely to resist but even to flee from their Persecuters or his Majesties murdering plundering Forces Or for them selves to flee not onely from the Parliaments Forces but Justice too as many of them have done yea made escapes against Law to flee therefrom If the Christians not fleeing binde neither them nor us not to flee now why should their not resisting onely doe it Secondly The Primitive Christians ran to the stake of martyrdome when they were neither accused cited persecuted by any freely confessing themselves Christians and rather desiring presently to die Martyrs then live Christians and reputing it worse then death not to be admitted to or delaied the honour of being Martyrs of which we have infinite Preâ—idents in Ecclesiasticall Histories commonly known and over-tedious to recite I shall onely instance in Iulian the Apostates Christian Souldiers who being over-reached by him under colour of a largesse to throw some Frankincense into a fire secretly kindled by the Emperour in honour of an Idol they dreaming of no such thing and doing it onely as a meere complementall Ceremonie as soon as they heard how the Emperour had over-reached them and given out speeches that they had sacrificed to his Idol presently rising from the feast prepared for them in a â—ury inflâ—med with zeale and wrath ran through the Market place and cried out openly Wee are Christians Wee are Christians in minde let all men heare it and above all God to whom we both live and will also die O Christ our Saviour we have not broken our faith plighted to thee If our hand hath any way offended verily our minde followed it not at all we are circumvented by the Emperours fraud with whose gold we are wounded We have put off impiety we are purged by blood After which posting speedily to the Emperour and casting away their gold with a generous and strenuous minde they exclaimed against him in this manner O Emperour we have not received gifts but are damned with death We are not called for our honour but branded with ignominie Give this benefit to thy Souldiers kill and behead us unto Christ to whose Empire onely we are subject Recompence fire for fire for those ashes reduce us into ashes Cut off the hands which we have wickedly stretched out the feet wherewith we have perniciously run together Give gold to others who will not afterwards repent they have received it Christ is enough and more then sufficient unto us whom we account in stead of all The Emperour enraged with this speech refused to slay them openly lest they should bee made Martyrs who as much as in them lay were Martyrs but onely banished them revenging this their contempt with that punishment Will it then follow from these memorable examples That all true Christians now in England and Ireland must come thus and offer themselves voluntarily to the Popish Rebels and Forces now in Arms to extirpate the Protestant Religion in both Kingdoms or that the Members of both Houses must go speedily to Oxford to the King and hâ—s evill Counsellors and there let them kill hang burne quarter slay execute torture them subvert Religion Laws Liberties Parliaments without the least resistance Or will our Opposites hence conclude as they may with better Judgement and Conscience dâ—e Ergo all such persons voted Traitors and Delinquents in any kinde by both Houses of Parliament ought now in point of Conscience to avoid the effusion of blood and ruine of the Realm through the civill warres they have occasioned to lay down their Arms and voluntarily resigne up themselves to the impartiall Justice of the Parliament without any the least resistance for the future If no such Doctrinall or Practicall conclusions may be drawne from these their Precedents of voluntary seeking and rendring themselves up to the Martyrdome of their Opposites then the unlawfulnesse of resisting cannot be inferred from this their non-resisting Thirdly how many cowardly Souldiers in all ages and in this too have voluntaâ—ily yeelded up Forts Castles Ships Armes Persons to their invading approaching enemies without fight or resistance How many persons have resigned up their Purses to high-way theeves their Lands to disseisors their Houses Goods to riotors their Ships Estates Persons to Turkish and other Pirats without any resistâ—nce when they might have lawfully and easily preserved them by resisting Will it therefore follow that all others must do so that we must not fight against invading Enemies Theeves Pirats Riotors becaâ—se many good Christians out of fear or cowardise or for other reasons have not done it in all ages I â—â—ow not Will the Jews refusiâ—g tâ—ree or four severall times to defend themselves against their insulting enemies on their Sabbath or the Gothes not resisting their invading foes on the Lords Day or will the Alexandrian Jewes example and spâ—ech to Flaccus Inermes sumus ut vides tamen sunt qui nos tanquam hostes publicâ—s hic criminaâ—tur Etiam â—as quas ad nostri tutelam partes dâ—dit natura retrò vertimus ubi nihil habent quod agant corpora praebâ—mus nuda patentia
have been so esteemed in those times And thus I hope I have satiâ—factorily answered this objection without shifts or evasions and rectified these mistaken Fathers meanings with which our Opposites have seduced the illiterate over-credulous vulgar I have now through Gods assistance quite run through all Obiections of moment from Scripture Reason Fathers against the lawfulnesse of the Parliaments present defensive war and discovered divers grosse errors yea Impostures in our Opposites writings wherewith they have perverted many mens Consciences and cheated the ignorant seduced world I shall therefore here adjure them in the presence of Almighty God as they will answer the contrary before his Tribunall at the Day of Iudgement seriously to consider these my answers and publikely to retract those their Errors false grosse mis-interpretations perveâ—sions of Scriptures Authors which I have here discovered And since they pretend nothing but the satisfying and keeping of a good Conscience in by others concerned in this Controversie to shew a syncere ingenuous Conscience therein themselves where they have been mistaken since the contestation pretended is not for Victory Time-serving or Self-seeking but for Truth Gods glory and the publike weal and if I have over-shot my self in any thing I shall promise them a thankfull acknowledgement and ready paline dy upon their information and conviction of any apparent oversights I may casually fall into Now because they shall not deem me singular in my opinion concerning the lawfulnesse of subjects defensive Arms against their Soveraigns bent to subvert Religion Laws Liberties the Republike or deem it is a late upstart Novelty I shall conclude this discourse with such personall naturall and publike authorities as they shall not be able to balance with counter-resolutions in which I shall be as brief as I may be For personall Authorities I shall not be ambitious to remember many especially Papists whose common constant received opinion and practise hath alwayes been and yet is That Subjects upon the Popes command alone and absolution of them from their Soveraigns allegiance may and ought to take up even offensive Arms against their owne naturall Princes excommunicated interdicted deposed or onely declared contumacious Schismâ—ticall or Hereticall by the Pope without yea against their Kingdoms Parliaments privities or consents much more then with their approbation What Papists have determined and practised in this very point you may read at large in Gratiau himself Causa 15. Quaest. 6. and Causa 23. in the very Oath of Supremacie and Statut of 3. Iacobi ch 4. which prescribes it in Bishop Iewels view of a seditious Bull in Doctor Iohn Wâ—ite his Defence of the way Chap. 6. 10. in Abbas Vsper geâ—sis Sabellicus Valateranus Grimston and others in the Lives of the Roman and German Emperours in Aventine his Annalium Boyorum the Generall and Particular Histories of France Sparn Germany Italy Sicily Hungary England in Bishp Bilsons third part of the True Difference between Christian Subjection and unchristian Rebellion In suâ—dry Sermons on the fift of November to which I shall refer you In Pope Paschal his letter to Robert Earl of Flanders about the year of our Lord 1107. exorting him to war against those of Leige Henry the Emperour and his Assistants wheresoever he should finde them excommunicated and deposed as an Heretike and enemy to the Church telling him that he could not offer a more gratefull sacrifice to God then to ware against them concluding Hoc tibi Militibus tuis in peccatorum remissionem Apostolicae sedis familiaritatem praecipimus ut his laboribus triumphis ad Coelestem Hierusalem Domino praestante pervenias Which Let er was excellently answered by those of Leige And in the Councel of Towres in France under Lewes the twelfth Anno 1510. it was unanimously resolved by the Church of France That if the Pope did make war upon temporall Princes in lands which they held not of the patrimony of the Church they might lawfully by force of Arms resist and defend both themselves and others not only repulse this injury but likewise invade the lands of the Church possessed by the Pope their notorious enemy not perpetually to retain but to hinder the Pope from becomming more strong and potent by them to offend both them and theirs And that it was lawfull for such Princes for such notorious hatred and unjust invasion to withdraw themselves from the Popes obedience and with armed force to resist all censures denounced by the Pope against them their subjects and Confederates and that such sentences ought not to be obeyed but are mear nullities in law which obliege no man Yet I must inform you further in brief that Iohn Maior a Popish Schoolman in Lib. 4. Sentent as Grotius writes affirms That the people cannot deprive themselves of the power not onely of resisting but deposing Kings in cases which directly tend to their destruction and that Iohn Barclay a late Scottish Priest though a strenuous defendor of Princes Prerogatives expresly averres That if a King will alienate and subiect his Kingdom to another without his subiects â—onsents or be carried with atrâ—e hostile minde to the destâ—uction of all his people that his Kingdom is thereby actually lost and forfeited so as the people may not onely absolutely resist and disobey but depose him and elect another King to which Hugo Gortius a Protestant freely subscribes and Iohn Bodinâ—â— â—oweth of Subjects resistance yea deposing kings in some Kingdoms absolutely and in some cases generally in all De Repub. l. 1. c. 10. l. 1. c. 5 l. 5. c. 5. 6. For Protestant personall authorities we have Huldericus Zuinglius Explanatio Articuli 40 41 42 43. Tom. 1. fol. 82. to 86. who allows not only Subiects actuall resistance but deprivation of Kings Where Princes set themselves to subvert Religion Laws Liberties and that by the common consent of the States in Parliament from whom Kings originally receive their Royall power and authority Martin Luther Bugenhagius Iustus Ionas Ambsdorfius Spâ—lotinus Melancthon Cruciger and other Divines Lawyers Statesmen Anno 1531. who published a writing in justification of defensive Arms by subjects in certains cases Sleidan Hist. lib. 8. 18 22. David Chrytraeus Chron. Saxoniae l. 13. p. 376. Richardus Dinothus de Bello Civili Gallico Religionis causa suscepto p. 231. 232. 225 227 c. A book intituled De Iure Belli Belgici Hagae 1599. purposely justifying the lawfulnesse of the Low-countries defensive war Emanuel Meteranus Historia Belgica Praefat. lib. 1. to 17. David Parâ—us Com. in Rom. 13. Dub. 8. And. Quaest. Theolog. 61. Edward Grimston his Generall History of the Netherlands l. 5. to 17. passim Hugo Grotius de Iure Belli Pacis lib. 1. cap. 4. with sundry other forraign Protestant writers both in Germany France Bohemia the Netherlands and elsewhere Iohâ— Knokes his Appellation p. 28. to 31. George Bucanon De Iure Regni apud
affirmed they had justright and power to doe Hereupon the businesse being put unto geeater difficulty the Estates affirmed A Comitiis intempestive discedere Regi NEFAS ESSE That IT WAS A WICKED ACT FOR THE KING THVS VNSEASONABLY TO DEPART FROM THE PARLIAMENT NEITHER WAS SO GREAT A BREACH OF THEIR PRIVILEDGES AND RIGHTS TO BE PATIENTLY ENDVRâ—D Whereupon they presently raised up the Name and FORCES OF THE VNION or Association formerly made and entred into between the Nobility Cities and people mutually to aid and assist one another to preserve the Peace and Liberties of the Realm even with force of Armes IT BEING LAWFVLL for the common cause of Liberty Non Verbis solum SED ARMIS QVOQVE CONTENDERE not onely TO CONTEND with words BVT ALSO WITH ARMES Vpon this king Alphonso desirous to prevent the mischiefs then present and incumbent by advise of his Privy Counsell published certaine good Edicts at Osca for regulating his Court Counsell Iudges Officers by which he thought to have ended all this Controversie but because they were promulged onely by the Kings own Edict not by the whole Parliament as binding Lawes they still proceeded in the Vnion till at last after various events of things this King returning to the Generall Assembly and Parliament of the Estates at Saragossa in the year 1287. condescended to their desires and confirmed the two memorable priviledges of the Vnion with the Soveraign power of the Iustice of Aragon which could controll their very Kings Of which see more in the Appendix I shall close up this of the lawfulnesse of a necessary defensive warre with the speech of the Emperour Alexander Seuerus recorded by Herodian l. 5. He who first infers injuries hath no probable colour but he that repulseth those who are troublesome to him EX BONA CONSCENTIA sumit fidâ—câ—am assumes confidence FROM A GOOD CONSCIENCE and good hope of successe is present with him from hence that he offers not injury but removes it Thus have I now at last waded thorow this weighty controversie of the lawfulnesse both in point of Law and Conscience of the Parliaments present and all other subjects necessary Defensive Warres against their Soveraigns who invade their lawes liberties Religion Government to subvert them by open force of Armes in which I have freely and impartially discharged my conscience not out of any turbulent seditious or disloyall intention to foment or perpetuate the present or raise any future destructive unnaturall warres between king Parliament and People or to countenance to encourage any tumultuous rebellious factious ambitious traiterous spirits to mutiny or rebell against their Soveraigns for private injuries or upon any false unwarrantable ends or pretences whatsoever let Gods curse and mens for ever rest upon all those who are in love with any warre especially a Civill within their own dearest Countries bowels or dare abuse my loyall sincere Lucubrations to any disloyall sinister designes to the prejudice of their Soveraignes or the States wherein they live but only out of a cordiall desire to effect such a speedy honourable safe religious sempiternall peace between king and Parliament as all true Christian English hearts both cordially pray long for and endeavour by informing his seduced Majesty his evill Couâ—sellors his Popish Maâ—ignant Forces that if they will still proceed unnaturally and treacherously to make war against their Native Countrey Religion Lawes Liberties and the Parliament which to doe I have elsewhere manifested to be no lesse then high Treason Rebellion against both King and Kingdome they may in point of conscience and Law too be justly opposed resisted repulsed even by force of Armes without any guilt of Treason Rebellion or feare of temporall or eternall condemnation as publike Enemies Rebels Traytors to the Realm whateveâ—er they have hitherto been informed of to the contrary by temporizing Lawyers or flattering illiterate Court Divines and by assuring all such noble generous publike spirits who shall willingly adventure their lives or fortunes by the Parliaments command in the present necessary defensive warre for the ends prâ—mised that for this good service they shall neither in the Courts of Law nor Conscience incurre the least stain or guilt of Treason Rebellion sedition or any such like odious crime much lesse eternall condemnation the panick feare whereof frequently denounced against them by many sottish Malignants Royalists ill-instructed Lawyers and Theologasters hath frighted kept back and withdrawn multitudes from yea cooled corrupted many in this honourable publike duty service which they now owe of Right to God and their Countrey in which to be treacherous perfidious sloathfull negligent cold uncordiall or timerous as too many hitherto have been to the greater honour of those who haue been faithfull actiue Valiant and sincere especially now after so many late horrid treacheries most happily discouered and a new Couenant solemnly entred into demerits a perpetuall brand of iâ—famy and reproach To dye fighting for ones dearest bleeding dying Countrey hath in all ages been honoured with a Crown of Martyrdome to liue or dye fighting against it hath ever deserved the most capitall censures ignominies and heaviest execrations Let both sides therefore now seriously ponder and lay all the premises close to their soules consciences and then I doubt not through Gods blessing but a happy peace will speedily thereon ensue Nation shall not lift up sword against Nation Countrey against Countrey Englishman against Englishman Brother against brother any more as now they doe neither shall they learn such an unnaturall cursed kind of Civill Warre any more but beat their swords into Plow-shares and their speares into pruning â—ooks and greet one another with a kisse of holy peace and charity Which desired end and issue of these present bloudy warres God in his mercy hasten and accomplish to the joy of all our Soules I should now according to former engagements proceed to other remaining particulars but because this part hath already farre exceeded its intended bounds out of a desire to give full satisfaction in a point of highest present and future concernment every way I shall reserve the residue with the Appendix for another distinct part with which I shall conclude my Meditations and Collections of this subject without any further Additions if God say Amen Finis Partis tertiae Errata in some Copies PAg. 100. l. 8. to by p. 101. l. 32. Omri Zimri l. 40. ludah Israel p. 115. l. 12. that p. 127. l. 36. of their p. 128. l. 31. hence p 136. l. 8. not a Bishop a Bishop not a Lay-man p. 14. l. 17. dele as p. 15. 1. 16. brevis p. 26. l. 1. assistants p. 94. l. 22. offer to r. ask of p. 17. 1. l. 8 no man should long p. 105. l. â—2 â—ipodes p. 106. l. 2. Rulers l. 34. irresistance p. 107. l. 3. by the. p. 121. l. 16. Emperours l. 36. Emperour 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 safety are vindicated from all Calumnies and proved just Together with an APPENDIX Manifesting by sundry Histories and Foraine Authorities that in the ancient Kingdome of Rome the Roman Greeke German Empires the old the present Graecian Indian Aegyptian French Spanish Gothish Italian Hungarian Polmian Bohemian Danish Swedish Scâ—ttish with other Foraine Kingdomes yea in the Kingdomes of Iudah Israel and other Gentile Royalties mentioned in Scripture the Supreame Soveraigne Power resided not in the Emperours or Kings themselves but in the whole Kingdome Senate Parliament State People who had not onely Authority to restraine resist yea call their Emperours and Kings to an account but likewise when they saw iust cause to censure suspend deprive them for their Tyranny viceâ— mis-government and sometimes capitally to proceed againâ—â— them With a briefe Answer to the contrary Objections and tenne materiall Observations confirming all the Premises By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Olaâ—s Magnus l. 8. c. 32. De Iniquis Consiliariis c. 33. Iniqui Consiliaâ—â— aiunt Regem nihil injuste facere pâ—sse quippe omnia 〈…〉 ipsos Tantumâ—◠〈◊〉 esse proprium quantum Regis Benignitas ei non â—â—lemeirt c. 〈…〉 Principes his similibus consiliis consiliariis facti sunt eaules miseri infames inhabile inse pâ—â—eritate sua amplius gubernandi Principisitaque Officium est ut non seâ—us curet subdiâ—os quam fidelis Pastor 〈…〉 conservet It is this tenth day of Iuly Ordered by the Committee of the House of Commons conâ—erning Printing that this Booke Intituled The fourth Part of the Soveraign power of Parliaments and Kingdoms c. be Printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. To the READER Courteous Reader I Here present thee with the last Part of The Soveraigne Power of Parliaments and Kingdomes and An Appendix in pursuance of it abundantly manifesting from the very fundamentall Constitutions Lâ—â—â—es Customes Resolutions Remonstrances Oathes Inaugurations Elections Ceremonies Histories publique Transactions Treaties Agreements Wars of Forain Empires Emperors Realmes Kings States Senates Diets Parliaments in all Ages and the most judicious foraine Authours of all sorts That whole Kingdomes Parliaments Senates States Nations collectively considered have ever constantly enjoyed in all Ages Nations the most Soveraigne Jurisdiction and Authority and beene Paramount their Kings and Emperours who were and are subordinate accountâ—ble for their actions to them and copiously refuting the fond erroneous fancies of all illiterate flattering Court-Doctors Theologasters Lawyers Statists who without any shadow of Truth or Reason audaciously averre the contrary not so much to fâ—atter or seduce their Princes as to advance themselves against whom the contrary constant practice and resolutions of most lawfull Kingdomes that either are or have beene in the world from Adams dayes till now shall unanimously rise in judgement and passe a most Catholike irreversible sentence on them for their notorious flatteries and Impostures For mine owne particular as I have alwayes beene and ever shall be an honourer a defender of Kings and Monarchy the best of Government whiles it keepes within the bounds which Law and Conscience have prescribed So I shall never degenerate so farre beneath the duty of a Man a Lawyer a Scholar a Christian as to mis-informe or flatter either nor yet out of any popular vain-glory court either Parliaments or People to the prejudice of Kings just Royalties but carry such an equall hand betweene them as shall doe right to both injury to neither and preserve support their just Legall severall Soveraignties Iurisdictions Rights within their proper limits without tyrannicall invasions or seditious encroachments upon one another to their mutuall and the Republickes prejudice It fares with Regall and Popular Powers usually as with Seas and mighty Rivers if they violently breake downe or swellingly overflow their fixed bankes they presently cause an Inundation and in stead of watering surround and drowne the Countries round about thâ—m for a season sometimes for sundry yeares ere they can be perfectly drained and their bankes repaired to confine them to their ancient proper Channels of which we have present sad experience written in Capitall red Bloody Letters throughout the Realme To redresse prevent which overflowing mischiefe for the future I have without feare or flattery of any bumane Power or party whatsoever by Publicke Authority divulged this last and the three preceding Parts of this Discourse together with the Appendix all hastily collected and more confusedly compacted through went of time and sundry interrupting Avocations then I desired wherein I have impartially according to my â—udgement conscience defended nought but ancient undoubted universall Truthes of reall State-Policy and true Theologie almost forgotten in the world yea cryed Preached Printed down for erronious seditious Paradoxes if not Treasons by Sycophants and Malignants in these later ages out of a cordiall affectâ—on as much as in me lyeth to restore and settle the weale tranquillity and safety of my bleeding dying Country now miserably distracted wasted consumed every where through the long fore plotted conspiracies of Romish Priests and Iesuites to subvert the Protestant Religion and our Realmes upon a pretended quarrell unhappily raised by them betweene the two muâ—h mistaken Grand Soveraigne Jurisdictions of King and Parliament Crowne and Kingdome now miserably clashing one against the other through ignorance and mistakes and trying their Titles in the open field BY BATTAILE in stead of Law by the Sword of the Souldier not of the Spirit the onely proper peaceable Iudges in these Quarrels by which alone they can and must be finally resolved settled else neither King nor kingdome can be ever quiet or secure from dangers and Commotions I dare not presume to arrogate to my selfe a Spirit of in â—errability in the grand Controversies here debated wherein I have travelled in no beaten common road No doubt Generall Nationall Councells Parliaments Popes Kings Counsellors Statesmen Lawyers Divines all sorts of men both may and usually doe erre from Truth especially in Questions which concerne their owne Iurisdictions Honours Profits and so may I. But this I dare with safe conscience protest to all the world that I have not willingly erred in any particular and if I have casually failed in any thing out of humane frailty I shall upon better information acknowledge and retract it In the meane time I trust I have here sufficiently discovered refuted many common impostures and erroneous grosse mistakes in Law Policy Divinity Antiquity which have in later ages beene generally
Charter have confirmed FOR US AND OUR HEIRS FOR EVERMORE these liberties underwritten to have and to hold to them and their Heirs OF US AND OUR HEIRS FOR EVERMORE c. together with the whole tenour and title of this Charter and the two last Chapters of it All those customs and liberties aforesaid which we have granted to be holden within our Realme as much AS APPERTAINETH TO US AND OUR HEIRS WE SHALL OBSERVE And for this our gift and grant of those Liberties c our Subjects have given us the fifteenth part of all their moveables And We have granted to them on the other part that NEITHER WE NOR OUR HEIRS shall procure or doe any thing whereby the Liberties in this Charter contained shall be infringed or broken We confirme and make strong all the same FOR US AND OUR HEIRS PERPETUALLY not the Parliament All these I say infallibly demonstrate that this Statute of Magna Charta did never extend unto the Parliament to restraine its hands or power but onely to the King his Heirs Officers Courts of Justice and particular subjects So that the Parliaments imprisoning of Malignants imposing Taxes for the necessary defence of the Realm and seizing mens goods or imprisoning their persons for non-payment of it is no wayes within the words or intent of Magna Charta as Royallists and Malignants ignorantly clamour but the Kings his Officers Councellours and Cavallâ—ers proceedings of this nature are cleerly most direct violations of this Law And that which puts this past dispute are the severall Statutes of 25. Edward 3. cap. 4. Statute 5. 37. Edward 3. cap. 18. 38 Edward 3. cap. 9. 42. Edward 3. cap. 3. 17. Richard 2. cap. 6. and the Petition of right it self all which expresly resolve that this very objected Law of Magna Charta extends onely to the King himselfe his Privy Councell Iudges Iustices Officers and inferiour Courts of Iustice but not unto the supream Court of Parliament which no man for ought I finde ever yet held to be absolutely obliged by it before the Kings late recesse from Parliament The next Statute is that of 34. Edward 1. cap. 1. No tallage nor aid shall be taken or leavied BY US AND OUR HEIRS not the Parliament in our Realme without the good will and assent of the Archbishops Bishops Earls Barons Knights Burgesses and other free men of the Land which the Statute of 25. Edward 1. thus explains But by the common consent of the Realme The Statute of 14. Edward 3. cap. 21. and Statute 2. cap 1. thus If it be not by common consent of the Prelates Earles Barons and other great men and Commons of our said Realme of England AND THAT IN PARLIAMENT The Statute of 25. Edward the third cap. 8. thus If it be not BY COMMON CONSENT AND GRANT IN PARLIAMENT The Statute of 36. Edward the third cap. 11. thus That no Subsidie nor other charge be set nor granted upon the Woolls by the Merchants nor by NONE OTHER from henceforth WITHOUT THE ASSENT OF THE PARLIAMENT The Statute of 45. Edward 3. cap. 4. thus it is accorded and stablished That no imposition or charge shall be put upon Woolls Woollsels or Leather other then the custome and subsidie granted to the King WITHOUT THE ASSENT OF THE PARLIAMENT and if any be it shall be repealed and holden for none And the Petition of Right 3. Caroli thus By which Statutes and other good Statutes of this Realm your Subjects have inherited this freedom that they should not be compelled to contribute any Taxe Tallage Custome Aidâ— or other like charge not set BY COMMON CONSENT IN PARLIAMENT Now it is as evident as the noonday sunshine that these Acts onely extend to the King his Heirs Councell Officers inferiour Courts and private Subjects onely and that the Parliament is precisely excepted out of the very intent and letter of them all having free power to impose on the Subjects what Aids Taxes Tallages Customes and Subsidies the shall deem meet by the expresse provision of all these Laws concerning the granting and imposing of Subsidies Therefore by the direct resolution of these Acts the Kings his Councellors present contributions assessements and ransoms imposed on the Subjects are illegall against the letter and provision of all these Acts but the Parliaments and Houses lawfull approved and confirmed by them True will Royallists and Malignants answer who have no other evasion left but this If the King were present in Parliament and consenting to these contributions and taxes of the twentieth part there were no doubt of what you alleage but because the King is absent and not only disassents to but prohibits the payment of this or any Parliamentary Assessements by his Proclamations therefore they are illegall and against these Laws 1 To which I answer First that the King by his Oath duty the ancient custom and Law of the land ought of right to be alwayes present with his Parliament as he is now in point of Law and not to depart from it but in cases of urgent necessity with the Houses free consents and then must leave Commissoners or a Deputy to supply his absence This is not onely confessed but proved by a Booke lately printed at Oxford 1642. with the Kings approbation or permission intituled No Parliament without a King pag. 5. to 16. where by sundry presidents in all Kings Reignes it is manifested That Kings were and ought to be present in their Parliaments which I have formerly cleared If then the King contrary to these Presidents his Oath Duty the Laws and Customs of the Realme the practice of all his Progenitors the rules of nature which prohibit the head to separate it selfe from the body and will through the advice of malignant Councellours withdraw himselfe from his Parliament yea from such a Parliament as himselfe by a spceiall Act hath made in some sort perpetuall at the Houses pleasure and raise an Army of Papists Delinquents Malignants and such like against it and that purposely to dissolve it contrary to this very Law of his for its continuance why this illegall torâ—ious act of his paralleld in no age should nullifie the Parliament or any way invalid its Imposicions or Proceedings for their own the Kingdoms Peoples and Religions preservation all now indangered transcends any reasonable mans capacity to apprehend 2 The right and power of granting imposing assenting unto Assâ—ssements Taxes Suosiâ—iâ—s and such like publique charges in Parliament for the publique safety rests wholly in the Commons and Lords not King and is their owne free act alone depending no waies on the Kings assent nor necessarily requiring his personall presence in Parliament This is evident First by the expresse letter of the forecited Acts No Subsidy Tax Ayde Talleage or Custome shall be set granted taken or leavied but by common consent and grant of the Prelates Earles Barons Knights Burgesses and other free men of the Realme in Parliament or without the assent
Commons and the Lords and they the whole Realm and all the people of England so that what ever Tax is imposed and assented to by them or by both Houses onely without the King who represents no man but Himselfe alone is in point of Law imposed and assented to by all the Commons and whole Realm of England as the recitals in all our Statutes and Law-bookes resolve though the King assent not to it If therefore as our Law-books clearely resolve without dispute and the experience of all Corporations Parishes and Mannors evidenceth past contradiction all Ordinances and Bylaws made for the common good of Corporations Parishioners Tenants of a Mannor and the like by all or the greater part of the Corporations Parishioners Tenants and Taxes imposed by them for the Common good as repairing of Churches High-waies Bridges reliefe of the poore and the like shall binde the rest even in point of Law without the Kings assent Then by the same or better reason the imposiâ—ions and Taxes now laid upon the subjects by the assent and Ordinances of both Houses of Parliament representing the whole Commons and Realme of England who actually assent likewise to these Taxes and Assessements in and by them must and ought in point of Law to oblige all the Subjects in this case of necessity at least as long as the Parliament continues sitting and this their representation of them remains entire especially being for the necessary defence of the Parliament Kingdome Religion all our lives estates liberties lawes against an invading Army of Papists and Malignants in a case of extraordinary extremley This I shall further cleare by some ancient and late judgements in point Mâ—ch 14. Ed. 2. rot 60. in the Kings Bench William Heybâ—rne brought an Action of Trespasse against William Keylow for entering his house and breaking his chests and taking away 70 pounds in money the Defendant pleading Not guilty the Jury â—ound a speciall Verdict that the Scots having entred the Bishopricke of Durham with an Army and making great burning and spoyles thereupon the Commonalty of Durham whereof the Plantiffe was one met together at Durham and agreed to send some to compound with them for a certaine summe of money to depart the Country and were all sworne to performe what compositions should be made and to performe what Ordinance they should make in that behalfe and that thereupon they compounded with the Scots for 1600 Maâ—kes But because that was to be paid immediately they all consented that William Keylow the Defendant and others should goe into every mans house to search what ready money was there and to take it for the raising of that summe and that it should be suddenly repaid by the Communalty of Durham And that thereupon the Defendant did enter into the Plaintiffs house and broke open the chest and tooke the seventy pounds which was paid accordingly towards that composition And upon a Writ of Error in the Kings Bench it was adjudged for the Defendant against the Plaintiffe that the action did not lie because he himselfe had agreed to this Ordinance and was sworne to performe it and that the Defendant did nothing but what he assented to by Oath and therefore is accounted to doe nothing but by his consent as a servant to him and the Commonalty of Durham therefore he was no trespâ—sser Which case was agreed for good Law by all the Iudges in the late Case of Ship-money argued in the Exchequer Chamber though neither King nor Parliament consented to this Taxe or Composition This is the Parliaments present case in effect The King having raised an Army of Papists Delinquents Forraigners Irish Rebels disaffected Persons and actually invading the Kingdom and Parliament with it Hereupon the Parliament were inforced to raise an Army to defend themselves and the Realm against these Invasions For maintenance where of they at first made use onely of voluntary contributions and supplies proceeding onely from the liberality of some private persons best affected to the publike service Which being xehausted the Lords and Commons considering what a solemne Covenant and Protestation themselves had made and taken and the Subjects likewise throwout the Realm to maintain and defend as farre as lawfully they might WITH THEIR LIVES POWER AND ESTATES The true Reformed Proteâ—tant Râ—ligion c. As also THE POWER AND PRIVILEDGES OF PARLIAMENT THE LAWFULL RIGHTS AND LIBERTIES OF THE SUBJECT And every person that maketh this Protestation in whatsoever he shall do in the lawfull pursuance of the sam c. as in the Protestation made by both Houses consents when fullest And considering that the whole Commons and Kingdoms assents were legally and actually included in what they assented in Parliament for the necessary defence of the Realm the Subjects Parliaments Priviledges Rights and the Reformed Religion all actually invaded endangered by an Ordinance of both Houses without the Kings consent then absent from and in open hostilitie against them impose a generall Assessement upon all the Subjects NOT EXCEEDING THE TWENTIETH PART OF THEIR ESTATES And for non-payment prescribe a distresse c. Why this Assessement in this case of necessitie being thus made by assent of both Houses and so of all the Kingdom in them in pursuance of this Protestation should not as legally yea more justly oblige every particular subject though the King assented not thereto as well as that agreement of the men of Durham did oblige them even in point of Law Justice Conscience transcends my capacitie to apprehend and if the first Case be Law as all the Judges then and of late affirmed the latter questionlesse must be much more Legall and without exceptions M. 32. and 33. Eliz. in the Kings Bench in the Chamberlain of Londons case it was adjudged That an Ordinance made by the Common Councell of London only that all Clothes should be brought to Blackwell-hall to be there veiwed searched and measured before they were sold and that a penny should be paid for every Cloth for the Officer that did the same and that six shillings eight pence should be forfeited for every Cloth not brought thither and searched was good to binde all within the Citie and that an Action of Debt would lye at the Common Law both for the duty and forfeiture because it was for the publike benefit of the City and Common-Wealth M. 38. Eliz. in the Common-Pleas it was adjudged in Clerks Case That an Ordinance made by assent of the Burgesses of Saint Albanes whereof the Plaintiffe was one for assâ—ssing of a certain summe of Money upon every Inhabitant for the erecting of Courts there the Terme being then adjourned thither from London by reason of the Plague with a penalty to be levyed by distresse for non-payment of this Tax was good to bindâ— all the Inhabitants there because it was for the publike good Mich. 31. and 32. Eliz. in the Kings Bench Williamâ— Iefferies Case and Pasch. 41. Eliz. Pagets Case it was
resolved That the Church-Wardens with the greater part of the Parishioners assents may lay a Taxe upon all the Parishioners according to the quantitie of their Lands and Estates or the number of Acres of Land they hold the Taxe there was four pence an Acre for Marsh-Land and two pence for Earable for the necessary reparation of the Church and that this shall binde all the Inhabitants so as they may be Libelled against in the Spirituall Court for non-payment thereof and no prohibition lieth The like hath been resolved in sundry other Cases And by the Common-Law of England whereby the breach of Sea-Walls the Country is or may be surrounded every one who hath Lands within the levell or danger which may have benefit or losse by the inundation may and shall be enforced to contribute towards the repair and making up of the Sea-walls and a reasonable Tax assessed by a Iury or the Major-part shall binde all the rest because it is both for their own private and the common good If the Law be thus unquestionably adjudged in all these Cases without the Kings assent then much more must this Assessement imposed by both Houses be obligatory in point of Law and Justice though the King consented not thereto since the Houses and whole Kingdom consented to it for their own defence and preservation Sixthly This is a dutie inseparably incident by the Fundamentall Law and originall compact of every Kingdom Citie Corporation Company or Fraternitie of men in the World that every Member of them should contribute proportionably upon all occasions especially in Cases of imminent danger toward the necessary charges defence and preservation of that Kingdom Citie Corporation Company or Fraternitie of which he is a Member without which contribution they could be neither a Kingdom Citie Corporation Company Fraternitie or have any continuance or subsistence at all Which Contributions are assessed by Parliaments in Kingdoms by the Aldermen or Common-Councell in Cities by the Master and Assistants in Fraternities and what the Major part concludes still bindes the Residue and the dissent of some though the Major or Master of the Company be one shall be no obstacle to the rest This all our Acts concerning Subsidies Aydes Tonnage and Poundage the daily practice and constant experience of every Kingdom Citie Corporation Company Fraternitie in the World manifests past all contradictions which being an indubitable veritie I think no reasonable man can produce the least shadow of Law or Reason why the Parliament representing the whole Body of the Kingdom and being the supream Power Counsell in the Realm bound both in Dutie and Conscience to provide for its securitie may not in this Case of extremitie legally impose this necessary Tax for their own the Kingdoms Subjects Laws Religions preservations of which they are the proper Judges Gardians and should not rather be credited herein then a private Cabinet Court-Counsell of persons disaffected to the Republike who impose now farre greater Taxes on the Subjects and plunder spoyl destroy them every where directly against the Law of purpose to ruine both Parliament Kingdom Religion Laws Liberties and Posteritie Seventhly It is confessed by all That if the King be an Infunt Non-Compos absent in Forraign remote parts or detained prisoner by an Enemy that the Kingdom or Parliament in all such Cases may without the Kings actuall personall assent create a Protector or Regent of their own Election and not onely make Laws but grant Subsidies impose Taxes and raise Forces for the Kingdoms necessary defence as sundry domestick and forraign Presidents in the preceding Parts and Appendix evidence And Hugo Grotius Iunius Brutus with other Lawyers acknowledge as a thing beyond all dispute Nay if the King be of full age and within the Realm if a forraign enemy come to invade it and the King neglect or refuse to set out a Navy or raise any Forces to resist them The Lords and Commons in such a Case of extremitie may and are bound in Law and Conscience so to do for their own and the Kingdoms preservation not onely in and by Parliament but without any Parliament at all if it cannot be conveniently summoned lawfully raise forces by Sea and Land to encounter the Enemies and impose Taxes and Contributions to this purpose on all the Subjects by common consent with clauses of distresse and imprisonment in case of refusall as I have elsewhere proved And if in Case of invasion even by the Common-Law of the Realm any Captains or Souldiers may lawfully enter into another mans ground and there encamp muster or build Forts to resist the Enemy or pull down the Suburbs of a Citie to preserve the Citie it self when in danger to be fired or assaulted by an Enemy without the speciall consent of King Parliament or the Owners of the Lands or Houses without Trespasse or offence because it is for the publike safetie as our Law Books resolve Then much more may both Houses of Parliament when the King hath through the advice of ill Councellors wilfully deserted them refused to return to them and raised an Army of Papists and Malignants against them and the Realm now miserably sacked and wasted by them as bad as by any forraign Enemies both take up Arms raise an Army and impose Assessements and Contributions by Ordinances unanimously voted by them against which no Lover of his Country or Religion no nor yet the greatest Royallist or Malignant can with the least shadow of Law or Reason justly except Eightly If they shall now demand what Presidents there are for this I Answer First That the Parliament being the Soveraign Power and Counsell in the Realm is not tyed to any Presidents but hath power to make new Presidents as well as new Laws in new Cases and mischiefs where there are no old Presidents or vary from them though there be ancient ones if better and fitter Presidents may be made as every Court of Justice likewise hath Power to give new Judgements and make new Presidents in new Cases and may sometimes swerve from old Presidents where there were no ancient Presidents to guide them even as Physitians invent new Medicines Chyrurgions new Emplaisters for new Diseases Ulcers or where old Medicines and Balsomes are inconvenient or not so proper as new ones And as men and women daily invent and use new Fashions at their pleasure Tradesmen new Manifactures without licence of King or a Parliament because they deem them better or more comely then the old Secondly I might demand of them by what old domestick lawfull Presidents His Majestis departure from the Parliament His Levying Warre against it His proclaiming many Members of it Traytors and now all of them Traytors and no Parliament His unvoting of their Votes in Parliament out of Parliament His imposing of Taxes and Contributions in all Countries where His Forces are beyond mens estates and annuall revenues His burning sacking pillaging murdering ruining of His own
Promises Articles Agreements which they never faithfully observe to any in the least degree and all this to ruine the Kingdom People Parliament and Religion yet they justifie these their actions and the Parliament People must not controule nor deem them Traytors to their Country for it And may not the Parliament then more justly impose a moderate in-destructive necessary taxe without the King for the Kingdoms Religions and Peoples defence and preservations against their barbarous Taxes Plunderings and Devastations then the King or his Commanders Souldiers play such Rex and use such barbarous oppressions without yea against the Parliaments Votes and consents Let them therefore first cease their own most detestable unnaturall inhumane practises and extortions of this nature and condemn themselves or else for ever clear the Parliament from this unjust Aspersion The last Objection against the Parliament is That they have Illegally imprisoned restrained plundered some Malignants and removed them from their habitations against Magna Charta the Fundamentall Laws forenamed and the Liberty of the Subject contrary to all Presidents in former Ages To which I answer First That the Objectors and Kings party are farre more guilty of this crime then the Parliament or their Partisans and therefore have no reason to object it unlesse themselves were more innocent then they are Secondly For the Parliaments imprisoning of men pretended to be against Magna Charta I answer first That the Parliament is not with in that or any other Law against imprisonments as I have formerly cleered Therefore is not obliged by it nor can offend against it Secondly That it hath power to imprison restrain the greatest Members of their own Houses though priviledged men exmept from all other arrests and publike persons representing those that sent them thither Therefore much more may they imprison or restrain any other private persons notwithstanding Magna Charta And the Parliament being the supreamest Iudicaturo paramount all other Courts their commitments can not be Legally questioned determined nor their prisoners released by Habeas Corpus in or by any other inferior Court or Judicature whatsoever 3. The Parliament hath power to make new Laws for the temporall and perpetuall imprisonment of men in mischievous cases where they could not be imprisoned by the Common Law or any other Act before or since Magna Charta and so against the seeming letter of that Law w ch extends not to the Parliament and what persons they may restrain imprison by a new enacted Law though not restrainable before by a Magna Charta or the Common Law without breach of either they may whiles they sit in case of publike danger restrain imprison by their own Authoritie without or before a new Law enacted In how many new Cases by new Statutes made since Magna Charta the Subjects may be lawfully imprisoned both by Judges Justices Majors Constable and Inferiour Courts or Officers whereas they could not be imprisoned by them by the Common Law before these Acts without breach of Magna Charta and violating the Subjects Liberties you may read in the Table of Rastals Abridgements of Statutes and in Ashes Tables Title Imprisonment and False-Imprisonment Yea by the Statutes of 23. H. 8. cap. 1. 31. H. 8. cap. 13. 33. H. 8. cap. 12. 5. Eliz. cap. 14. 1. and 2. Phil. Mary cap. 3. 5. and 6. cap. 1. Eliz. cap. 2. with others Acts perpetuall imprisonment during life is inflicted in some cases for which no imprisonment at all could be prescribed before these Acts and for crimes for which the parties were not formerly punishable yet for the publike weale peace safety and prevention of private mischiefs even against the Letter as it were of the great Charter the Parliament hath quite taken away all liberty the benefit of the Common Law and of Magna Charta it self from parties convicted of such offences during their naturall lives and if they bring an Habeas Corpus in such cases pretending their perpetuall imprisonment and these latter Laws to be against Magna Charta they shall notwithstanding be remanded and remain prisoners all their dayes because the Parliament is above all Laws Statutes yea Magna Charta and may deprive any Delinquents of the benefit of them yea alter or repeal them for the common good so farre as they see just cause Though neither the King nor his Counsell nor Iudges nor any Inferiour Officers or Courts of Iustice have any such transcendent power but the Parliament alone to which all men are parties really present and allowing all they do and what all assent to decree for the common good and safetie must be submitted to by all particular persons though never so mischievous to them this being a Fundamentall Rule even in Law it self That the Law will rather suffer a private mischief then a generall inconvenience Seeing then the Parliament to prevent publike uproars sedition treachery in or against the Kingdom Cities Houses or Counties where factious persons live hath thought meet to restrain the most seditious Malignants especially these about London and Westminster where they sit and to commit them to safe custody till they receive some good assurance of their peaceable behaviour they must patiently suffer their private restraints for the common safety tranquility till the danger be past or themselves reformed who if they reform not their own malignity not the Parliaments cautelous severity themselves must be blamed since they detain themselves prisoners only by not conforming when as the Parliament desires rather to release then restrain them if they would be regular and so they must blame themselves alone not clamour against the Houses All Leprous persons by the Leviticall and Common Law were to be sequestred and shut up from others least they should infect them and so all persons visited with the Plague by late Statute Laws may be shut up without breach of Magna Charta Why then not Malignant seditious ill affected persons who infect others in these times of Commotion and Civill Warres as well as Leapers and Plague sick persons removed into Pest-houses for fear of spreading the Infection upon the self-same grounds by the Houses Authority The Parliament by an Ordinance Act or Sentence hath Power to banish men out of the Kingdom in some cases which no other Court nor the King himself can lawfully dâ— as was expresly resolved in Parliament upon the making of the Sâ—atute of 35. Eliz. cap. 1. as is evident by the case of Thomas of Weyland An. 9. E. 1 Of Peirce Gavâ—ston and the two Spencers in King Edward the second his raign Of the Lord Maltravers in Edward the third his raign Of Belknap and divers over Iudges in the 10 and 11 yâ—ers of Richard 2. his reign by the Statutes of 33. El. c. 1. Separatists and of 39. El. c. 5. Rogues are to be banished and in Calice heretofoâ—â— a woman might be justly banished the Town for adultery and a scould
ruine the Parliament Kingdom Religion and re-establish Popery in its universall extent with the large of 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 doubt 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 Duke the Kings Forts 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 enforâ—ement to over-power the Protestant party in the Kings Armies no understanding man can withouâ— 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 Capitall both by the Civil 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 tâ—is their cowardize Yea Lacaena and Dametria two magnanimous Women slew their timorous sonnes who fled basely from the battle with their own bands disclaiming them 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 punâ—shment farre worse then death it self writes Diodorus Siculus where as all other Lawyers made it Capitall yea our Common Law adjudgeth it Treason Witnesse the notable Cases of Gâ—mines 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 the enemy The Case of Iohn Walsh Esquire accused of high Treason in Parliament against the King and Kingdom for yeelding up the Castle of Cherburg in France to the enemy when as be 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 passing 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 the 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 Iulian 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 Iuliani quia pertinax indignatio quia dura vesanus furià ammimosus furore oblitus fidelitatis immemor religionis contemptor divinitatis crudelis in se homicida in vicinos reus in omnes Memoria ejus in omni ore amarescit nomen â—jus in â—â—ternum puâ—râ—scet FINIS AN APPENDIX Manifesting by sundry Histories and Authors that in the ancient Roman Kingdome and Empire in the Greek and German Empires derived out of it in the old Graecian Indian Aegytian Realmes in the Kingdomes of France Spaine Italy Hungary Bohemia
stretch out an helping hand to an afflicted people and a prostrated Commonweale But thou must do it in such sort that thou mayest not looke after thine owne profit but the good of humane society altogether For since Justice wholly lookes abroad injustice onely regards it selfe thou shalt at last doe this justly if thou shalt have no regard of thine owne profits Briefely if a Prince violently passeth over the fixed limits of piety and justice a neighbour may piously and justly leape over his limits not that he should invade anothers but that he should bid him be content with his owne yea he shall be impious and unjust if he neglect it If a Prince exercise tyranny over the people he may no lesse or lesse slackly assist them than him if the people should move sedition yea he ought to doe it the more readily by how much it is more miserable that many suffer than one If Porsena reduce Tarquin the proud to Rome much more justly may Constantine sent for by the people and Senate of Rome expell Maxentius the Tyrant out of the City Finally if a man may become a Wolfe to a man nothing truely forbids but that a man may be a God to a man as it is in the Proverbe Therefore antiquity hath enrolled Hercules among the number of the gods because he punished and tamed Procrustes Busyris and other Tyrants the pests of mankinde and monsters of the world in every place So also the Roman Empire as long as it stood free was often called The Patrocinie against the Robberies of Tyrants because the Senate was the haven and refuge of Kings People Nations So Constantine sent for by the Romans against Maxentius the Tyrant had God the Captaine of his Army whose expedition the Universall Church exalted with powerfull prayses when yet Maxentius had the same authority in the West as Constantine in the East Likewise Charles the Great undertooke a Warre against the Lombardes being called by the Nobles of Italy to their aide when as yet the Kingdome of the Lombards was long before established and he could claime no right to himselfe over them Likewise when Charles the Bald King of France had by Tyranny taken away the President of that Country which lyeth betweene Seine and Liger Duke Lambert and Iamesius and the other Nobles of France had fled to Lewis King of Germany Charles his Brother by another mother to crave aide against Charles and his mother Iudith a most wicked Woman He in a most ample Assembly of the Germane Princes heard these suppliants by whose unanimous Counsell a warre was publickely decreed against Charles for to restore the exiles Finally as there have beene some Tyrants in every place so likewise among all Historians there are every where examples extant of tyranny revenged and people defended by neighbour Princes which the Princes now at this day ought to imitate in curbing the tyrants both of bodies and Soules of the Republicke and of the Church of Christ unlesse they themselves will be named Tyrants by a most deserved right And that we may at last conclude this Treatise in one word piety commands the Law of God to be observed and the Church to be defended 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 of the Netherlands and other Protestant States both in Quaene Elizabeths King Iames 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 perâ—idious 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 punishments 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
as the Law meant Item That he at his going into Ireland exacted many notable summes of money besides Plate and Iewels without Law or custome contrary to his Oath taken at his Coronation Item That without the assent of the Nobility he carried the Iewels Plate and Treasure of the kingdome over the Sea into Ireland to the great impoverishing of the Realme And all the good Records for the Common-wealth and against his extortions he privily caused to be imbezeled and conveyed away Item When divers Lords and Iustices were sworne to say the truth for divers things to them committed in charge both for the honour of the Realme and profit of the King the said King so menaced them with sore threatnings that no man would or durst say the right Item He most tyrannically and unprincely said that the lives and goods of all his Subjects were in the Princes hands and at his disposing Item He craftily devised certaine privie Oathes contrary to the Law and caused divers of his Subjects first to be sworne to observe the same and after bound them in bonds for the firmer keeping of the same to the great undoing of many honest men Which how parallel they are to the late and present Court Practises and Doctrines of our times let wise men determine The King being thus Judicially dethroned in Parliament Henry the fourth by the same Parliament which continued notwithstanding Richards deposition who summoned it was created King who in the first Parliament of his Raigne reversed and annulled as illegall the Parliament of 21 Richard 2. with all its Acts Circumstances and dependants and revived that of 11 Richard 2. in all points as made for the great honour and common profit of this Realme To these I might adde the Rebellious insurrections of Richard Scroope Arch-bishop of Yorke the Earle of Northumberland and their Complices against King Henry the fourth Anno 1405. to reforme the State and government relieve the Church and Common-weale and Depose King Henry in and by a forced Parliament The insurrection of the Popish Nobles against King Stephen for violating his Oath touching Forests and other immunities of Church and Common-wealth which they would force him to confirme the severall insurrections of Jacke Cade Jacke Straw Wat Tyler and their Popish Vâ—lgar rabble to force their King to call Parliaments to alter and repeale old Lawes enact new displace offensive great Officers promote new onâ—es of their nomination to ratifie what propositions they required and subvert the government of the Realme with the severall Rebellions of the Popish Lincolneshire and Yorke-shire men under Doctor Mackarell a Monke and some men of quality in Henry the eighth his raigne Of the Cornish men Norfolke men Kent and others in Edward the sixth his Rule of the Popish Earles of Northumberland Westmorland and other Northerne Papists in Queene Elizabeths dayes by force of Armes to compell these severall Princes to summon Parliaments to repâ—ale all Lawes against Masse and Popery and for the establishment of the Protestant Religion with other Acts concerning the government of the Common-wealth to enact divers new Lawes and propositions which they demanded to remove great Officers and privie Counsellors from their places and the like All which transcend the Acts and proceedings of this or any other our Protestant Parliaments or subjects being done without any preceding Order or resolution of both Houses representing the whole kingdome and against the generall consent of the people But I shall conclude with one ancient precedent more in one of our best Kings reignes In 25 E. 1. The Lords and Commons in Parliament grievoâ—sly complained and Petitioned to the Kingâ—against divers taxes tallages and prisages wherewith they were oppressed by him to the great impoverishing of the Realme against the violation of Magna Charta the Charter of the Forest the imposition upon Wools and their summons to goe with him into Flanders to which they were not bound by Law The king excusing these taxes by reason of his necessity to maintaine the warres and giving them a dilatory answer the Earle Marshall and Hereford withdrew themselves from Parliament and with their complices commanded the Barons of the Eschequer not to â—evie the eighth penny of the people granted to the King at Saint Edmonds and induced the Citizens of London to joyne with them to recover their Liberties Whereupon the King sending to them for peace they would condescend to no peace but on these termes That the king should confirme Magna Charta and Charta de Foresta with the other Articles to them annexed that he should exact and take â—o â—o aides taxe or tallage from the Clergy or Commons without their commoâ— consent in Parliament and that he should remit all offences to these Earles and their confederates all which the King ratified by his Charter at large by his oath and by a solemne excommunication of the Bishops twice every yeare of all those who should transgresse this Charter of his For which the Laity gave him the ninth and the Clergy the tenth penny of their goods And because this confirmation was made in Scotland the Kings and divers others promised for him that he should confirme it when he came into England which they pressing him to doe in a Parliament at London in the 27. yeare of his reign after some delaies he ratified it with this addition in the close saving the right of our Crowne which when the Lords heard they departed home in great discontent but the King re-summoning them at quindena Pasche granted all things absolutely according to their desire committing the per-ambulation of the Forests throughout England to three Bishops three Earles and three Barons to settle their bounds according to God and justice which not being speedily executed but neglected the King having purchased a dispensation of his oath wherewith he had ratified his foresaid Charter from the Pope hereupon the king holding a Parliament at Stamford the 29. of his reigne the Lords and Barons repaired thither with great store of horses and Arms with a purpose to extort a full execution of the Charter of the Forests hitherto deferred upon which the King considering their earnestnesse and importunity condescended to their will in all things Sixthly Parliaments Lords and Prelates in former times have affirmed that when a Parliament was once met together by lawfull summons it might not be dissolved or discontinued againe at the Kings meere pleasure till all the publike affaires for which it was called were dispatched all grievances redressed and all Petitions exhibited therein fully heard and answered agreeable to the resolution of the great Councels of Basil Constans and divers Popish Writers that a generall Councell once lawfully summoned by the Pope and met cannot be dissolved by him againe at his pleasure without the Councels consent before all the Churches affaires be therein setled Vpon which resolution these Councels continued together and deposed sundry Popes notwithstanding
these â—iberties and that which we have sworne ALL OF US ARE BOUND TO OBSERVE But where the Acts to which the assent is gained are unjust or illegall such to which the King was not bound by Oath or duty to consent but meerely out of necessity to avoid imminent danger of death or other mischiefe and where the whole Parliament was enforced as well as the King there the acts may be avoided by Duresse as is evident by the Statutes of 11. and 21. of R. 2. c. 12. by the Statute of 31 H. 6. c. 1 which makes voyd all the Petitions granted by this King in a former Parliament the 29. of his Reigne and all indictments made by Duresse through the Rebellion Tyranny and Menaces of Iack Cade and his rebellious rout of Traytors and by 39. H. 6. c. 1. 15. E. 3. stat 2. and 17. E. 4. c. 7. Yet these enforced unjust Bills being publike Acts done in a legall forme are not meerly void but good in Law till they be repealed and nullified by a subsequent Parliament as is evident by the next forecited Statutes even as a Marriage Bond or deed made by Duresse or Menace are good in Law and not meerly void but voidable only upon a Plea and Tryall And if subsequent Parliaments refuse to repeal these forced Laws and to declare the Royall assent thereto by coertion void or illegall the King cannot avoid them by Duresse because his Royall assent is a judiciall Act in open Parliament which his oath and duty obliged him to give and the Lawes are rather the Parliaments Act which was not forced then his owne but they remaine in full vigour as if he had freely assented to them which is most evident by the Statutes made in 10. and 11. R. 2. which though extorted from the King by Duresse against the will and liberty of the King and right of his Crowne as is pretended and declared in the Statute of 21. R. 2. c. 12. yet they continued in full strength for ten yeares space or more during which time there were no lesse then 8. Parliaments held under this King because these Parliaments refused to reverse them upon this pretext of Duresse and the Parliament of 1 H. 4 c 2 3 4. received and confirmed them From all which premises I humbly conceive I may infallibly conclude That the King in passing the fore-mentioned kinde of Bills of Common Right and Iustice for the Kingdomes and the Subjects weale and safety hath no absolute negative voyee but must and ought of common right and Iustice by vertue of his Royalloath and duty to give his ready and free assent unto them without any tergiversatiâ—n And so the Parliament in their Declarations to this purpose hath no wayes invaded nor injured his Majesties just Prerogative royall in this particular Nor yet those members in it eclipsed his royall grace who have upon occasion given affirmed the Petition of Right the Bills for Trieniall Parliaments which before by Law were to be annuall at least the continuance of this Parliament without adjournment for the Kingdomes necessary preservation the acts against Shipmoney Forest-Bounds c. illegall new invented grievances and oppressions not heard of in former Kings Reigns and the Statutes for the suppression of the Star-Chamber High Commission Knighthood and Bishops votes lately growen intollerable grivances and mischeifes to the Realme Especially since his Majesties Reigne to bee no acts of most transcendent Grace such as never any Prince before vouchsafed to his people as they are daily cried up in Presse and Pulpet but Bills of meere Common Right and Iustice which the King by his Royall Office Oath Duty in Law and Conscience ought to assent unto and could not without apparent injustice deny to passe when both Houses urged him thereunto the rather because the unhappy fractions of all Parliaments and Grievances of these Natures under his Majesties own Reign and Government occasioned by his evill Councellers were the sole grounds and just occasions of enacting these necessary Laws for the Subjects future security if the sword now drawen to suppresse the Parliament and cut these Gordians or rather Cobwebs as Diogenes once termed Laws a sunder deprive them not of their benefit before they scarce enjoy it I should now here proceed to manifest the Parliaments taking up of defensive Armes against his Majesties Malignant Army of professed Papists Delinquents and pillaging murthering Cavaleers whose grand designe is onely to set up Popery and an absolute tyrannical Government over our consciences bodies estates in defense of their own persons priviledges the Subjects Laws Liberties Properties and our Protestant established Religion devoted by Papists to eternall ruine as we have cause to feare to be just lawfull and no treason nor rebellion at all against the King neither in point of Law nor conscience And that the Parliaments assessing of men towards the maintenance of this necessary defensive warre by an Ordinance of both Houses onely without the Kings assent now wilfully absent from and in armes against his Parliament and People with their distraining and imprisoning of such as refuse to pay it and their confinement and securing of dangerous Malignants to be justifiable by Law and ancient presidents with other particulars not yet so fully discussed by any as is desired But this part being already growne somewhat large and having lingred much longer at the Presse then I expected I have thought it more convenient to reserve the remainder for a future Treatise by it selfe then to hinder the state of the present benefit which it may receive by this through Gods blessing ere the other can â—ee compleated which I hope will fully un-blindfold the hood-winkt world and either satisfie the consciences or stop the mouthes of all who are not wilfully malicious against the Truth and Parliaments proceedings and the Soveraigne Power of Parliaments and Kingdoms over their Kings themselves which I shall more copiously manifest in the Appendix FINIS partis secunda THE THIRD PART OF THE SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Parliaments present Necessary Defensive Warre against the Kings offensive Malignant Popish forces and Subjects taking up Defensive Armes against their Soveraignes and their Armies in some Cases is copiously manifested to be Iust Lawfull both in point of Law and Conscience and neither Treason nor Rebellion in either by inpregnable Reasons and Authorities of all kindes Together With a Satisfactory Answer to all Objections from Law Scripture Fathers Reason hitherto alledged by Dr. Ferne or any other late opposite Pamphleters whose grosse Mistakes in true Stating of the present Controversie in sundry points of Divinity Antiquity History with their absurd irrationall Logicke and Theologie are here more fully discovered refuted than hitherto they have been by any Besides other particulars of great concernment By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne 2 Sam. 10. 12. Be of good courage and let us play the men for our People and for the City of
these Lords and their companions thus taking up Armes from any the least guilt of Treason and rebellion against the King because they did it onely for the advancement of the publike weale the setting the Realme in a better condition the removing ill Counsellors and publike oppressors of the Realme from about the King and to rescue his person out of their hands then questionlesse by their resolutions our present Parliaments taking up defensive armes upon the selfe-same grounds and other important causes and that by consent of both Houses which they wanted can be reputed no high Treason nor Rebellion against the King in point of Law and no just no rationall Iudge or Lawyer can justly averre the contrary against so many forecited resolutions in Parliament even in printed Acts. The Earle of Richmund afterward King Henry the seventh taking up armes against Richard the third a lawfull King de facto being crowned by Parliament but an Vsurper and bloody Tyrant in Verity to recover his Inheritance and Title to the Crowne and ease the Kingdome of this unnaturall blood-thirsty Oppressor before his fight at Boswell Field used this Oration to his Souldiers pertinent to our purpose If ever God gave victory to men fighting in a just quarrell or if he ever aided such as made warre for the wealth and tuition of their owne naturall and nutritive Countrey or if he ever succoured them which adventured their lives for the reliefe of Innocents suppression of malefactors and apparent Offenders No doubt my Fellowes and Friends but he of his bountifull goodnesse will this day send us triumphant victory and a lucky revenge over our proud Enemies and arrogant adversaries for if you remember and consider the very cause of our just quarrel you shall apparently perceive the same to be true godly and vertuous In the which I doubt not but God will rather ayde us yea and fight for us then see us vanquished and profligate by such as neither feare him nor his Lawes nor yet regard Iustice and honesty Our cause is so just that no enterprise can be of more vertue both by the Laws Divine and Civill c. If this cause be not just and this quarrell godly let God the giver of victory judge and determine c. Let us therefore fight like invincible Gyants and set on our enemies like untimorous Tygers and banish all feare like ramping Lyons March forth like strong and robustious Champions and begin the battaile like hardy Conquerors the Battell is at hand and the Victory approacheth and if wee shamefully recule or cowardly fly we and all our sequele be destroyed and dishonoured for ever This is the day of gaine and this is the time of losse get this dayes victory and be Conquerours and lose this dayes battell and bee villaines And therefore in the name of God and Saint George let every man couragiously advance his standard They did so flew the Tyrannicall Vsurper wonne the Field And in the first Parliament of his Raigne there was this Act of indemnity passed That all and singular persons comming with him from beyond the Seas into the Realâ—e of England taking his party and quarrell in recovering his just Title and Right to the Realme of England shall be utterly discharged quit and unpunishable for ever by way of action or otherwise of or for any murther slaying of men or of taking and disporting of goods or any other trespasses done by them or any of them to any person or persons of this his Realme against his most Royall Person his Banner displayed in the said field and in the day of the said field c. Which battell though it were just and no Treason nor Rebellion in point of Law in those that assiâ—ted King Henry the 7 th against this Vsurper yet because the killing of men and seising their goods in the time of Warre is against the very fundamâ—ntall Lawes of the Realme they needed an Act of Parliament to discharge them from suits and prosecutions at the Law for the same the true reason of all the forecited Acts of this nature which make no mention of pardoning any Rebellions or Treasons against the King for they deemed their forementioned taking up of Armes no such offences but onely discharge the Subjects from all suites actions and prosecutions at Law for any killing or slaying of men batteries imprisonments robberies and trespasses in seising of Persons Goods Chartels What our Princes and State have thought of the lawfulâ—esse of necessary Defensive Warres of Subjects against their oppressing Kings and Princes appeares by those aides and succours which our Kings in former ages have sent to the French Flemmings Almaines and others when their Kings and Princes have injuriously made Warres upon them and more especially by the publike ayde and assistance which our Queene Elizabeth and King Iames by the publike advise and consent of the Realme gave to the Protestants in France Germany Bohemia and the Netherlands against the King of France the Emperour and King of Spaine who oppressed and made Warre upon them to deprive them of their just Liberties and Religion of which more hereafter Certainely had their Defensive Warres against their Soveraigne Princes to preserve their Religion Liberties Priviledges beene deemed Treason Rebellion in point of Law Queene Elizabeth King Iames and our English State would never have so much dishonoured themselves nor given so ill an example to the world to Patronize Rebells or Traitours or enter into any solemne Leagues and Covenants with them as then they did which have been frequently renued and continued to this present And to descend to our present times our King Charles himself hath not onely in shew at least openly aided the French Protestants at Ree and Rochel against their King who warred on them the Germane Princes against the Emperour the Hollanders and Prince of Oâ—aâ—ge to whose Sonne hee hath married his elstest Daughter against the Spaniard and entred into a solemne League with them which hee could not have done in point of Law Iustice Honour Conscience had they beene Rebells or Traytors for standing on their guards and making defensive Warres onely for their owne and their Religions preservation but likewise by two severall publike Acts of Parliament the one in England the other in Scotland declaring the Scots late â—aking up Armes against him and his evill Counsellors in defence of their Religion Lawâ—s Priviledges to be no Treason nor Rebellion and them to bee his true and loyall Subjects notwithstanding all aspertions cast upon them by the Prelaticall and Popish Party because they had no ill or disloyall intention at all against his Majesties Person Crowne and Dignity but onely a care of their owne preservation and the redresse of thâ—se Enormities Pressures grievances in Church and State which threatnâ—d desolation unto both If then their seizing of the Kings Fortes Ammunition Revenues and raising an Army for the foresaid ends hath by his Majesty himselfe and his two Parliaments
particular person not that he was the Soveraigne highest power above the Senate and people collectively considered And the occasion of these words will discover the Authors intention to be no other which was this The Christians in that age were persecuted and put to death by Scapula President of Carthage to whom Tertullian writes this Booke because they refused to adore the Emperour for a God to sweare by his Genius and to observe his solemnities and triumphs in an Ethâ—icall manner as is evident by the words preceding this passage Sic circa Majestatem Imperatoris infamamur c. and by sundry notable passges in his Apologeticus In answer to which accusation Tertullian reasons in the Christians behalfe that though they adored not the Emperour as a God yet they reverenced him as a man next under God as one onely lesse then God as one greaâ—er then all others whiles lesse onely then the true God and greater then the Idol Gods themselves who were in the Emperours power c. Here was no other thing in question but whether the Emperour were to be adored as God not whether he or the Roman Senate and people were the greatest highest Soveraigne power And the answer being that he was but a man next under God above any other particular officer in the Roman State is no proofe at all that he was paramount the whole Senate and people collectively considered or of greater Soveraigne power then theâ— which the premises clearely disprove Adde that this Father in his Apologie thus censures the Pagan Romans for their grosse flattery of their Emperours whom they feared more then their Gods appliable to our present times Siquidem majore formidâ—ne callidiore timiditate Caesarem observatis quam ipsum de Olympo Iovem c. â—deo in isto irreligiosi erga deos vestros deprehendimini cum plus timoris humâ—no Domino dicâ—tis citius denique apud vos per omnes Deos quam per unum genium Caesaris pejeratur Then he addes Interest hominis Deo cedere satis â—abeat appellari Imperator grâ—â—nde hoc nomen est quod a Deo tradetur negat illum imperatorem qui deum dicit nist homo sit non est imperator Hominem se esse etiam triumphans in illo sublimissimo curru admonetur Suggeritur enimei a tergo Respice post te hominem memento tâ— Etiam hoc magis gaudet tanta se gloria coruscare ut illi admonitio conditionis suae sit necessaria Major est qui revocatur ne se deum existimet Augustus imperii formator ne Dominum quidem dici se volebat et hoc enim Dei est cognomen Dicam plane Imperatoâ—em Dominum sed mâ—re communi sed quando non cogor ut Dominum Dâ—i vice dicam Concluding thus Nullum bonum sub exâ—eptione personarum administramus c. Iidem sumus Imperatoribus qui vicinis nostris Male enim velle male faceâ—e male dicere male cogitare de quoquam ex aequo vetamur Quodâ—unque non licet in Imperatorem id nec in quenquam quod in neminem eo forsitan magis nec in ipsum qui per deum tâ—ntus est c. From which it is evident that the Christians did not deifie nor flatter their Emperours more then was meet and deemed they might not resist them onely in such cases where they might resist no others and so by consequence lawfully resist them where it was lawfull for them to resist other private men who did injuriously assault them If then the Roman Emperors were not the highest Soveraigne power in the Roman State when Paul writ this Epistle but the Roman Senate and State as I have cleared and if the Parliament not the King be the supremest Soveraigne power in our Realme as I have abundantly manifested then this objected Text so much insisted on by our opposites could no wayes extend to the Roman Senate State or our English Parliament who are the very higher powers themselves and proves most fatall and destructive to their cause of any other even by their owne Argument which I shall thus doubly discharge upon them First that power which is the highest and most soveraigne Authority in any State or kingdome by the Apostles and our Antagonists owne doctrine even in point of conscience neither may nor ought in what case soever say our opposites to be forcibly resisted either in their persons ordinances commands instruments offices or Armed Souldiers by any inferiour powers persons or subjects whatsoever especially when their proceedings are just and legall under paine of temporall and eternall condemnation But the Senate among the Romans not the Emperour and the Parliament in England not the King really were and are the higher Powers and most soveraigne Authority Therefore by the Apostles owne Doctrine even in point of conscience they neither may nor ought to be disobeyed or forcibly resisted in any case whatsoever either in their Persons Ordinances Commands Instruments Officers or Armed Souldiers by the King himselfe his Counsellors Armies Cavaliers or by any inferiour powers persons or Subjects whatsoever especially when their proceedings are just and legall as hitherto they have beene under paine of temporall and eternall condemnation I hope the Doctor and his Camerads will now beshrew themselves that ever they medled with this Text and made such a halter to strangle their owne treacherous cause and those who have taken up armes in its defence Secondly that Power which is simply highest and supreame in any State may lawfully with good conscience take up Armes to resist or suppresse any other power that shall take up armes to subvert Religion Lawes Liberties the Republike or the juâ—t Rights and Priviledges of the Subject or of this higher power This is our opposites owne argumentation Therefore the Parliament being in verity the highest supreame Power in our State may lawfully with good conscience take up Armes to resist or suppresse his Majesties Malignant Popish Forces or any other power which already hath or hereafter shall be raised to subvert Religion Lawes Liberties the Republike just Rights and Priviledges of Parliament or the Subjects and every man with safe conscience may chearefully serve in such a warre upon the Parliaments encouragement or command without guilt of treason or rebellion either in Law or Conscience For the third Question Whether Tyrants or unjust oppressing Magistrates as they are such be within the intendment of this Text and not to be resisted in any case I have fully cleared this before from the occasion scope and arguments used in this Chapter that they are not within the compasse of this Text as they are such and may be resisted in their Tyranny and oppressions notwithsâ—anding this inhibition I shall not repeat but onely fortifie this Position with some new reasons and authorities First then that which is not the ordinance of God but rather of the Devill and the meâ—re sinne and enormity of the Governour himselfe
ad impetum eorum qui nos volunt occid re Or that example of the Christian Theban Legion slain without the least resistance for their Religion who as an ancient Martyriologer saith Caed bantur passim gâ—adi is non reclamantes sed dâ—positis armis cervices persecutoribus vel intectum corpus offerentes warrant this deduction Ergo no Christians now must resist their invading enemies on the Sabbath day but must offer their naked bodiâ—s heads throats unto their swords and violence If not then these examples and authoâ—ities will no wayes prejudice our present resistance Fourthly the Christians not onely refused to resist their oppressing Emperours and Magistrates who proceeded judicially by a kinde of Law against them but even the vulgar people who assaulted stoned slew them in the streets against Law as Tertullians words Quoties enim praeterit is à vobis SUO JURE NOS INIMICUM VULGUS invadit lapidibus incendiis c. manifest without all contradiction and indeed this passage so much insisted on relates principally if not onely to such assaults of the rude notorious vulgar which every man will grant the Christians might lawfully with good conscience forcibly resist because they were no Magistrates nor lawfull higher powers within Rom. 13. 1. 2. or 1 Pet. 2. 13 14. Either then our Antagonist must grant that it is unlawfull in point of Conscience forcibly to resist the unlawfull assaults and violence of the vulgar or private persons who are no Magistrates and that it is unlawfull now for any Christians to resist Theeves Pirats or beare defensive Armes as the Anabaptists from whose quiver our Antagonists have borrowed this and all other shafts against the present defensive warre and to make the primitive Christians all Anabaptists in this particular Or else inevitably grant resistance lawfull notwithanding their examples and these passages of not resisting The rather because Tertullian in the next preceding words puts no difference at all between the Emperour and meanest Subjects in this case Idem sumus saith he Imperatoribus qui vicinis nostris malè enim velle malè facere malè dicere malè cogitare de quoquam ex aequo vetamur Quodcunqâ—e non licet in Imperatorem id nâ—c in quenquam Fifthly admit the Christians then deemed all forcible resistanâ—e of persecuters simply unlawfull in point of Conscience as being a thing quite contrary to Christian profession and Religion then as it necessarily proves on the one side That even Christian Kings Princes Magistrates must in no wise forcibly resist the tumultuous Rebellions Insurrections and persecutions of their Subjects because they are Christians as well as Rulers and in this regard equally obliged with them not to resist with Armes much lesse then their Parliaments Forces lawfully raised for the publike defence So on the contrary part it follows not that therefore resistance is either unlawfull in it selfe or that the Parliaments present resistance is so For first such resistance being no where prohibited as I have formerly proved their bare opinion that it was unlawfull to them cannot make it so to them or us in point of conscience since God hath not made or declared it so Secondly the primitive Christians held many things unlawfull in point of Conscience which we now hold not so Tertullian and others informe us That the Christians in his time thought it a hainous sinne Nâ—fas to pray kneeling on the Lords day or between Easter and Whitsontide and so by consequence to kneele at the Sacrament praying alwayes standing on those dayes in memory of Christs resurrection Which custome was ratified also by many Councels Yet then it was lawfull no doubt in it selfe for them to pray kneeling and we all use the contrary custome now The Christians then held it unlawfull to eat blood in puddings or any other meats as Tertullian Minucius Felix testifie and many Councels expressely prohibited it since as unlawfull Yet all Churches at this day deem it lawfull and practise the contrary The Christians in Tertullians dayes and he himselfe in a speciall Book De fuga in persecutione held it unlawfull to flee in times of persecution and therefore they voluntarily offered themselves to martyrdome without flight or resistance Yet we all now hold flying lawfull and all sorts practise it as lawfull yea many more then they ought to doe I might give sundry other instances of like nature The Christians opinion therefore of the unlawfulnesse of any armed resistance of Persecuters publike or private held they any such though seconded with their practice is no good argument of its unlawfulnesse without better evidence either then or at this present Thirdly the case of the Primitive Christians and ours now is far different The Emperours Magistrates and whole States under which they then lived were all Pagan Idolaters their Religion quite contrary to the Laws and false Religions setled in those States There were many Laws and Edicts then in force against Christian Religion unrepealed most Professors of Religion were of the lowest ranke not many wise Noble mighty men scarce any great Officer Magistrate or Senator was of that profession but all fierce enemies against it For Christians being but private men and no apparant body of a State to make any publike forcible resistance in defence of Religion against Emperours Senators Magistrates Lawes and the whole State wherein they lived had neither been prevalent nor expedient a great hinderance and prejudice to Religion and as some hold unlawfull But our present case is far otherwise our King Parliament State Magistrates People are all Christians in externall profession our Protestant Religion established Popery excluded banished by sundry publike Lawes the Houses of Parliament and others now resisting are the whole body of the Realme in representation and have authority even by Law to defend themselves and Religion against invading Popish Forces In which regards our present resistance is and may cleerly bee affirmed lawfull though the primitive Christians in respect of the former circumstances might not be so Secondly their resistance especially of the Magistrates not vulgar rabble if made had been onely singly for defence of their Religion then practised but in corners publikely condemned no where tolerated Our present war is not onely for defence of our Religion established by Law and to keep out Popery but for the preservation of Laws Liberties the very essence of Parliaments the safety of the Realme and that by authority of Parliament the representative body of the Realme The Parliaments defensive warre therefore upon these politicke grounds is just and lawfull though the Primitive Christians perchance in defence of Religion onely as its case then stood would not have been so even as the Roman Senators and States resisting of Nero or any other Tyrannicall Emperors violations of the Laws Liberties Lives Estates of the Senate people were then reputed just and lawfull though the Christians defence of Religion would not
Scotos with many Scottish Pamphlets justifying their late wars Ioh. Ponet once B. of Winchester his Book intituled Politick Govern p. 16. to 51. Alber. Gentilis de Iur Belli l. 1. c. 25. l. 3. c. 9. 22. M. Goodmans Book in Q. Ma. dayes intituled How superior Magistrates ought to be obeyed c. 9. 13. 14. 16. D. A. Willet his Sixfold Commentary on Romanes 13. Quaestion 16. Controversie 3. p. 588 589 590 608 c. Peter Mariyr Com. In Rom. 13 p. 1026. with sundry late writers common in every mans hands iustifying the â—aâ—ulnesse of the present defensive War whose Names I spare And lest any should think that none but Puritanes have maintained this opinion K. Iames himself in his Answer to Card. Perron iustifieth the French Protestant taking up Defensive Arms in France And Bish. Bilson a fierce Antipuritane not onely defends the Lawfulnesse of the Protestants defensive Arms against their Soveraigns in Germany Flaunders Scotland France but likewise dogmatically determines in these words Neither will I rashly pronounce all that resist to be Rebels Cases may fall out even in Christian Kingdoms where the people may plead their right against the Prince AND NOT BE CHARGED WITH REBELLION As where for example If a Prince should go about to subject his People to a forreign Realm or change the form of the Common-wealth from Impery to Tyrannie or neglect the Laws established by Common consent of Prince and people to execute his own pleasure In these and other cases which might be named IF THE NOBILITY AND COMMONS IOYN TOGETHER TO DEFEND THEIR ANCIENT AND ACCVSTOMED LIBERTY REGIMENT AND LAWS THEY MAY NOT WELL BE COVNTED REBELS I never denied but that the People might preserve the foundation freedom and forme of the Common-wealth which they fore prised when they first consented to have a King As I said then so I say now The Law of God giveth no man leave but I never said that Kingdoms and Common-wealths might not proportion their States as they thought best by their publike Laws which afterward the Princes themselves may not violate By superiour Powers ordained of God Rom. 13. wâ— understand not onely Princes BVT ALL POLITIKE STATES AND REGIMENTS somewhere the People somewhere the Nobles having the same interest to the sword that Princes have to their Kingdoms and in Kingdoms where Princes bear rule by the sword we do not mean THE PRIVATE PRINCES WILL AGAINST HIS LAWS BVT HIS PRECEPT DERIVED FROM HIS LAWES AND AGREEING WITH HIS LAWES Which though it be wicked yet may it not be resisted of any subject when derived from and agreeing with the Laws with armed violence Marry when Princes offer their Subjects not Iustice but force and despise all Laws to practise their lusts not every nor any private man may take the sword to redresse the Prince but if the Laws of the Land appoint the Nobles as next to the King to assist him in doing rigâ—â— and withhold him from doing wrong THEN BE THEY LICENCED BY MANS LAW AND NOT PROHIBITED BY GODS to interpose themselves for safeguard of equity and innoceâ—cy and by all lawfull AND NEEDFVLL MEANS TO PROCVRE THE PRINCE TO BE REFORMED but in no case deprived where the Scepter is Hereditary So this learned Bishop determines in his authorized Book dedicated to Queen Elizabeth point-blank against our Novell Court-Doctors and Royallâ—sts But that which swayes most with me is not the opinions of private men byassed oft-times with private sinister ends which corrupt their judgements as I dare say most of our Opposites in this controversie have writ to flatter Princes to gain or retain promotions c. But the generall universall opinion and practice of all Kingdoms Nations in the world from time to time Never was there any State or Kingdom under heaven from the beginning of the world till now that held or resolved it to be unlawfull in point of Law or Conscience to resist with force of Arms the Tyranny of their Emperours Kings Princes especially when they openly made war or exercised violence against them to subvert their Religion Laws Liberties State Government If ever there were any Kingdom State People of this opinion or which forbore to take up Arms against their Tyrannous Princes in such cases even for conscience sake I desire our Anâ—agonists to name them for though I have diligently searched inquired after such I could never yet finde or hear of them in the world but on the contrary I finde all Nations States Kingdoms whatsoever whether Pagan or Christian Protestant or Popish ancient or modern unanimously concurring both in iudgement and constant practice that forcible resistance in such cases is both iust lawfull necessary yea a duty to be undertaken by the generall consent of the whole Kingdom State Nation though with the effusion of much blood and hazard of many mens lives This was the constant practise of the Romans Grecians Gothes Moors Indians Aegyptians Vandals Spaniards French Britains Saxons Italians English Scots Bohemians Polonians Hungarians Danes Swedes Iews Flemmins and other Nations in former and late ages against their Tyrannicall oppressing Emperors Kings Princes together with the late defensive Wars of the protestants in Germany Bohemia France Swethland the â—ow-countries Scotland and elsewhere against their Princes approved by Queen Elizabeth king Iames and our present king Charles who assisted the French Bohemians Dutch and German Protestant Princes in those Wars with the unanimous consent of their Parliaments Clergy people abundantly evidence beyond all contradiction which I have more particularly manifested at large in my Appendix and therefore shall not enlarge my self further in it here onely I shall acquaint you with theâ—e five Particulars First that in the Germanes Defensive Wars for Religion in Luthers dayes the Duke of Saxonie the Lantzgrave of Hesse the Magistrates of Magdâ—burge together with other Protestant Princes States Lawyers Cities Counsellors and Ministers after serious consultation concluded and resolved That the Laws of the Empire permitted resistance of the Emperour to the Princes and Subjects in some cases that defence of Religion and Liberties then invaded was one of these cases that the times were then so dangerous that THE VERY FORCE OF CONSCIENCE AND NECESSITY DID LEAD THEM TO ARMS and to make a League to defend themselves THOVGH CAESAR OR ANY IN HIS NAME WOVLD MAKE WAR AGAINST THEM That if the Emperour had kept his bonds and Covenants they would have done their duties but because he began first to make the breach the fault is his For since he attempteth to root out Religion and subvert our Libertie he giveth us cause enough TO RESIST HIM WITH GOOD CONSCIENE The matter standing as it doth we may resist him as may be shewed by Sacred and prophane Stories Vnjust violence is not Gods Ordinance neither are we bound to him by any other reason then if he keep the conditions on which he was created Emperour BY THE LAWS THE MSELVES IT IS PROVIDED that the inferiour
delivered into the custody of the Barons that all Aliens within a certain time should void the Realm except those who should be thought faithfull thereunto by the unanimous consent of the Kingdom and that faithfull and profitable natives of the Realm should thenceforth dispose of the affairs of the Kingdoms under the King But THE QUEEN instigated with foeminine malice contradicted it all she could whâ—ch made the people revile and cast dirt and stones at her as she was going to Windsore enforcing her to retire again to the Tower How William Long shamp Bishop of Ely Lord Chancellour of England Earl Iohn and others when they disturbed the peace of the Realm and turned Malignants were apprehended besieged imprisoned excommunicated and their Goods and Castles seised on by the Lords and Commons out of Parliament yea during the time of King Richard the first his absence and captivitie you may read at large in Roger de Hovedon Holinshed Daniel and others Why then the Lords and Commons in Parliament may not now much more do the like â—or their own and the whole Kingdoms safety I can yet discern no shadow of reason I will not trouble you with Histories shewing what violent unlawfull courses Kings and People have sometimes used to raise moneyes in times of warre by sacriledge rapine and all manner of indirect means I rather wish those Presidents and their occasions buried in eternall silence then reduced into practise and verily perswade my self that every ingenuous true born Englishman who hears a reall naturall affection to his Countrey or a Christian love to his Brethren the Parliament and Religion will according to his bounden duety the Protestation and Covenant which he hath taken rather freely contribute his whole estate if need so require towards the just defence of his Countrey Libertie Religion and the Parliament against the treacherous Conspiracies of the Pope Jesuites forraign Catholikes Irish Rebels English Papists and Malignants who have plotted their subvertions then repine at or neglect to pay any moderate Taxes which the Parliament shall impose or inforce the Houses to any extraordinary wayes of Levying Moneyes for want of ordinary voluntary supplyes to maintain these necessary defensive warres I shall close up all in a few words The Parliament hath much against their wills been inforced to this present defensive warre which they have a most just and lawfull power to wage and manage as I have elsewhere evidenced by the Fundamentall Laws of the Realm yea by the Law of God of Nature of Nations This warre cannot be maintained without Moneyes the sinews of it wherefore when voluntary contributions fail the Houses may by the same Laws which enabled them to raise an Army without the King impose necessary Taxes for the maintaining of it during the warres continuance else their Legall power to raise an Army for the Kingdoms defence would be fruitlesse if they might not Levy Moneyes to recrute and maintain their Army when raised which Taxes if any refuse to pay they may for this contempt be justly imprisoned as in cases of other Sudâ—idies and if any unnaturally warre against their Countrey or by way of intelligence advise or contribution assist the common Enemy or sâ—duce or withdraw others by a factious slanderous speeches against the Power and Proceedings of the Parliament from assisting the Parliament in this kinde they may for such misdemeanours upon conviction be justly censured confined secured and their estates sequestred rather then the Republike Parliament Religion or whole Kingdom should miscarry It is better that one should perish then all the Nation being the voyce of God Nature and resolution of all Laws Nations Republikes whatsoever If any hereticall scismaticall or vitious persons which may poyson others with their pernicious false doctrinâ—s or vitious wicked lives appear in the Church they may after admonition if they repent not yea and de facto are or ought to be excommunited the Church and societie of all faithfull Christians so as none may or ought to converse with them till their repentance If this be good Law and Divinitie in the Church the banishing and confining of pestilent Malignants in times of warre and danger must by the self-same reason be good Law and Divinitie in the State â—I have now by Gods assistance notwithstanding all distracting Interruptions Avocations Remoraes incountring me in this service ran through all Objections of moment which the King or any opposites to this Parliament have hitherto made against their proceedings or jurisdictions and given such full answers to them as shall I trust in the generall abundantly clear the Parliaments Authoritie Innocency Integritie against all their clamarous malignant Calumnies convince their Judgements satisfie their consciences and put them to everlasting silence if they will without prejudice or partialitie seriously ponder all the premises and ensuing Appendix which I have added for their further satisfaction information conviction and the confirmation of all forecited domestick Laws Presidents by forraign examples and authorities of all sorts And if any shall yet continue obstinate and unresolved after so many convincing Reasons Presidents Authorities or still retain an ill opinion of the Parliaments proceedings I shall desire them onely seriously to consider the most execrable conspiracy of the Pope Jesuites and Popish party in all His Majesties three Realms to extirpate the Protestant Religion subvert the Government Parliament and poyson the King himself if he condescend not to their desires or crosse them in their purposes whom they have purposely engaged in these warres still continued by them for this very end to enforce the King to side with them and so gain possession of his person to accomplish this designe of theirs as is cleerly evidenced to all the world by Romes Master-Peece the English Pope the Declaration of the Lords and Commons concerning the Rise and Progresse of the Irish Rebellion and then advisedly to consider in what great present danger the Kingdom King Parliament and Religion are when the Popish Partie and forces now in Arms have gained the Kings Princes and Duke of Yorkes persons into their custodie the Cities of Chester and of late Bristoll the Keyes of England with other Ports to let in all the Irish Rebels upon us to cut our throats in England as they have cut above an hundred and fortie thousand of our Protestant brethrens throats already in Ireland it being one part of their designe now presently to be executed as appears by sundry Examinations in the Irish Remonstrance for which end some thousands of Irish Rebels who have all embrued their hands there in English bloud are already landed here and are in great favour and command about the King To which if they adde the omnipotent over-ruling power of the Queen the Head of that partie with the King and his Councell in disposing all Officers all places of command and trust under him The Confederacie and Contributions of forraign Popish States to maintain this warre to
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 contended 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 proclaime him king Iuly 29. 1564. which done she excluded the Nobility from â—er Councells and was wholly advised by David Ritzius a Subaâ—dian 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 besâ—eged the Queen till she rendred her selfe prisoner upon this condition that she should abjure 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 Hamiltâ—ns 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 Lenâ—ux made Vice-roy in his steed The Queene in the interim treated with Thomas Howard Duke of Nerthfolke 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 solemnely 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 thâ— 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 fuâ—ly 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 obnoâ—ious to the changes of times but of those ingraven in the mindes of men
the which they shall swear to be faithfull to us against the King of Spain and his adherents according to the form set down by us and there shall be given to the said Councellors Masters of accounts Iudges and Officers remaining in the Provinces which have contracted with the Duke of Anjou in our name an act of continuance in their Offices containing in stead of a new commissions a cessation or disannulling of their former and that by way of provision untill his comming And to Councellors Masters of accounts Iudges and Officers being resident in Provinces which have not contracted with his Highnesse a new Commission shall be given under our name and Seale if the petitioners were not found faulty to be of bad behaviour to have done against the priviledges of the Countrey or to have committed some other disorder We also command the President and them of the privie Councell the Chancellour and Councell of Brabant the Governour Chancellour and Councell of Gueldres and the Countie of Zutphen the President and councell in Flanders the President and councell in Holland the Governour President and Councell in Friseland the President and Councell at Vtricht the Bayliff at Tournay and Tournesis the Receivors or chiefe Officer of Beoostercheldt and Bewesterscheldt Zeeland the scout of Macklyn and all other Iudges and Officers whom it shall concerne their Lieutenants and every of them presently without any delay to publish this our Decree in all places of their jurisdictions and wheresoever they are accustomed to make proclamations to the end that no man may pretend any cause of ignorance And that they may keep and observe and cause to be kept and observed inviolably this our Decree without any favour support or dissimulation for wee have so thought it fit and convenient for the good of the Countrey For the effecting whereof we give to every one whom it shall concerne full power and authority and speciall Commission In witnesse whereof we have caused our seale to be hereunto annexed Given at the Hage in out assembly the 26 of â—uly 1581. Vnderneath was written By the ordinance and decree of the said Estates and signed â— Tan Asseliers According unto this declaration of the Estates there was a new forme of an Oath drawn in manner of an abjuration of the King of Spaine and promise of duty and obedience which every one should owe unto the said Estates by the publike Officers and Magistrates of every Town and Province as followeth I sweare That hereafter I shall not serve nor yeeld obedience to Philip King of Spaine nor acknowledge him for my Prince and Lord whom I doe renownce by these presents and doe hold my selfe freed from all Oaths and bonds by the which I might bee formerly tyed unto him whereof finding my selfe presently delivered I sweare a new and binde my selfe to the united Provinces and namely to them of Brabant Gueldre Holland Zeeland and their allies and to the soveraign Magistrates that are appointed to bee faithfull and loyall unto them to yeeld them all obedience aide and comfort with all my power and meanes against the King of Spaine and his adherents and against all the enemies of the Countrey Promising as a good vassall of the Countrey to carry my self faithfully and loyally with shew of all obedience to my superiors So help me the Almighty God This decree being thus proclaimed all the seales counter-seals and secret signets of the King of Spaine were broken and cancelled with solemnity by all the consuls of the said Provinces and others new made by order of the generall Estates for that which concerned the Government and the affairs of the generality And as for matters of justice and policie they used the seales names and titles of private governours and Provinciall consuls From that time there was no coynes of gold silver or copper made with the name or titles of the King of Spaine but upon stamps which the Estates had caused to be made in every Povince All governours superintendents Presidents Chancellours Councellours and others Officers were discharged and absolved from their precedent oathes and did sweare fidelity to the generall Estates against the King of Spaine and his adherents according to the forme above mentioned to whom an act was sent for the continuation of the Commissions Ninthly it is evident from the premises That is Emperours and Kings shall degenerate into Tyrants violate their Oathes and Covenants made unto the people invade their Lawes Liberties persons with armed violence and instead of protecting make warre upon them that the Nobles Magistrates Estates Parliaments and people in such cases may without any guilt of Treason Rebellion Sedition not only disobey but Lawfully resist them with force of Armes both in point of Lawe conscience are obliged under paiâ—e of treachery and perfidiousnesse to their Countrey thus to resist and in cases of incorrigibility for the publike weale and preservation may justly if they see it necessary depose them from their Royall Dignities as Enemies or Traytors to their Kingdoms and people The reason is Because no Kingdome or Nation under Heaven ever elected or voluntarily submitted themselves unto any Emperour or King whatsoever for ought can be proved or imagined but upon this tacit condition that they should justly governe defend and protect them for their good not tyrranize over pillage murther oppresse or make warre upon them at their pleasures contrary to the Lawes of God nature nations Nor yet actually obliged themselves under paine of Treason Rebellion death or damnation not forcilly to reobsist or deprive their Princes in any wise though they with open violence should set themselves to subvert their Religion Lawes Liberties and Republike to which unreasonable condition no Natian certainty would have consented had it been propounded to them by their Kings at first as Grotius well observes This point of greatest difficulty and concerment I have largely debated and confirmed already in the third part of this Discourse where all contrary Objections against it are refuted Yet because it still seemes a feditious unchristian Paradox to many Malignants and Royallists I shall satifie it with such new Authorities of all sorts which may happily convince if not convert them from their inveterate wilfull error My first Authority of this kinde is that passage of Sozomon an ancient Ecclesiasticall Historian Eccles. Hist. l 6. ch 2. recited and approved by Nicephorus Callistus Eccles hist. l. 10. ch 34. where he thus writes of the death of Iulian the Emperor who turned both a Tyrant Apostate and Persecutor of the Christians reputed to be staine by a Christian Souldier of his own Army for his Tyranny and impiety Whereas Libanius writes in this manner Hee seemes to say that the stâ—ayer of Iulian the transgressor was a Christian which peradventure was true Neither is it incredible that some one of the Souldiers who marched under his colours had considered these things thus in his minde That not only the Heathens but likewise ALL
your very selves your soules bodies estates posterities Consider with your selves the bitter curse denounced by God himselfe against Meroz Iudg. 5. 23. Consider the fatall dismall end of treacherous Iudâ—s 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 Iesus 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 Iesus 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 to maintaine the very truth of God the Gospel of Christ 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 so superlatively miserable and grievous that an 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 propagate our Religion Lawes liberties and the publike welfare here and the Crowne the full guerdon of them hereafter and poore bleeding dying England and Ireland may now at last attaine that speedy holy lasting honourable blessed peace and unity which all good men cordially pray for and endeavour which doubtlesse had beene easily effected long ere this had we all beene faithfull true reall to the publike cause of God and our Countrey in our severall places and not faithlessely betrayed but sincerely discharged the severall trusts reposed in us to the uttermost of our powers the readiest meane to re-establish and perpetuate our pristine tranquillity which I humbly beseech the God and Prince of peace effectually to accomplish in his owne due season before our whole three Realmes become a desolate Wildernesse an Accheldama a Golgatha as many places of them are already and more like to be if the extraordinary mercy of our ever-gracious God prevent not the mischievous long plotted conspiracies malice rage treachery of unnaturall and deceitfull men FINIS This Oath should have come in the Appendix page 73. line 17. The Oath of CHARLES King of Navarre at his Coronation An. 1390. recorded in the generall History of Spaine l. 17. p. 625. 626. VVED CHARLES by the grace of God King of Navarre c. doe sweare unto our people of Navarre upon the holy Evangelists toucht by us and to the Prelates and rich men of the Cities and good Townes and to all the people of Navarre for all your Rights Lawes Customes Freedomes Liberties and Priviledges that every one of them as they are shall be maintained and kept to you and your successors all the time of Our life without corrupting them bettering and not impairing them in all or in part and that the violence and force which hath beene done to your Predecessors whom God pardon and to you by Vs or Our Officers We shall hereafter command it to cease and satisfaction to be made according unto right as they shall be made manifest by good men of credit After which the Deputies of the State swore in their owne names and for all the Realme faithfully to guard and defend the Kings person and their Countrey and to aide him to keepe defend and maintaine the Lawes and Customes with all their power Errata and Omissions in some Copies Part. 4. p. 1. l. 26. it is p. 9. l. 39. c. 33. p. 27. l. 13. private publike p. 28. l. 7 other 31. pugnae Appendix p. 2. l. 3 parallel p. 4. l. 14. them the people l. 34 p. 5. l. 29. Maximus p. 8. l. 1. Polieuctus p. 39. l. 26. dele in the p. 41. l. 41. other p. 44. l. 40 retired p. 50. l. 44. the hand p. 54. l. 1. Cara Lara p. 55. l. 41. Pacensis p. 59. l. 27 dele the p. 66. l. 34. yeares p. 79. l 12 dele 〈◊〉 l. 3. Mariana p. 129. l. 2. adde 2 Chron. 22. 1. And the inhabitants of Jerusalem made Aliaziah his youngest sonne King in his stead l. 18. confirmed p. 145. l. 2. not from it to p. 147. l. 20. in some sence in private cases p. 150. l. 23. pem patu p. 153. l. 14. Cauarvius p. 162. l. 7. received renued p. 162. l. 28. Hotomani Francogal 38. Vindiciae p. 163. â— 2. revocable l. 3. Historicall l. 19. Cuiacius l. 23. usufrvctuary l. 35 dele the p. 166. l. 14. to doe l. 19. dele to l. 21. foundations p. 167. l. 7. is an p. 169. l. 26. Caracalla p. 170. l. 41. 2. secun qu. p. 171. l. 22. in Law p. 172. l. 27. fealty to p. 173. l. 8. adjuvante l. 15. rapacitates p. 174 l. 4. if it p. 177. l. 15. preserve l. 32. and. l. 35. goods p. 186. l. 15. 16. forcibly resist p. 187. l. 2. so to p. 190. l. 31. 206. p.
in your Nostrils and God forbid but that I and all other true Members of our State and Church should cordially concurre with you in this Heroicall Covenant which the desperate Confederacies of our Romish Adversaries long prosecuted among us and now almost promoted to perfection have necessarily engaged Your Honors and the whole Kingdom to enter into for their Preservation Now the God of Peace and Lord of Hoasts be ever mightily present with and in Your Honourable Assembly to counsell direct protect prosper all your sincere endevours to promote his Gospell Truth Honour the publike welfare liberty tranquillity security of our endangered lacerated Church and Realmes Till the Lord shall looke mercifully upon Zion the City of our solemnities and till our eyes shall see our English Jerusalem a quiet habitation a tabernacle that shall not be taken downe not one of the stakes whereof shall ever be removed neither shall any of the cords thereof be broken notwithstanding all the mighty oppositions against it And till you shall have built up the old waste places raised up the Foundations of many generations yea erected the very Top-stone of an exact universall Ecclesiasticall and civill Reformation in Church and State with shoutings crying Grace grace unto it That so all future Generations may really blesse and call you The Repairers of our manifold breaches the Restorers of Pathes to dwel lin Which is and shall be the dayly prayer of Your Honours most affectionately devoted Servant to live and die with You in the Common Cause of God Religion and our Native Country WILLIAM PRYNNE THE TREACHERY and DISLOYALTY OF PAPISTS TO THEIR SOVERAIGNES IN DOCTRINE AND PRACTISE Together with The first part of the SOVERAIGNE POWER OF PARLIAMENTS and KINGDOMES Wherein the Traiterous Antimonarchicall Doctrines Practises and Attempts of Papists upon the Persons Crownes Prerogatives of their Soveraignes with the dangerous designes effects and consequences of their present illegall Arming and accesse to the Kings Person Court Army by meanes of evill Counsellours are briefely discovered related The Iurisdiction Power Priviledges claimed exercised by our Popish Parliaments Prelates Lords and Commons in former ages exactly paralleld with those now claimed by the Lords and Commons in this present Parliament which are manifested to be farre more loyall dutifull moderate more consistent with lesse invasive on and destructive to the pretended Soveraigne Power and Prerogative of the King then those of former ages And the high Court of Parliament proved by pregnant Reasons and Authorities To be the most Soveraigne Power of all other in this Kingdome in severall respects And superiour to the King himselfe who is not above but subject to the Lawes Together with a punctuall Answer to the chiefe Calumnies and grandest Objections of Royallists Papists Malignants Delinquents against the Parliaments Power and Proceedings with other Particulars worthy Observation The Second Edition Enlarged By WILLIAM PRYNNE Utter-Barrester of Lincolnes Inne Isai 24. 16 17. Woe unto me the treacherous dealers have dealt treacherously yea the Treacherous dealers have dealt very treacherously Feare and the pit and a snare are upon thee O Inhabitant of the Earth Psalme 120. 5 6. My soule hath long dwelt with them that are enemies unto peace I labour for peace but when I speake unto them thereof they make them ready to Battle It is this second day of May 1643. Ordered by the Committee of the House of Commons in Parliament for Printing that this Booke Intituled The Treachery and Disloyalty of Papists to their Soveraignes c. with the Additions be re-printed by Michael Sparke senior Iohn White Printed at London for Michael Sparke Senior 1643. To the Reader Courteous Reader THE importunity of some Members of Parliament hath induced me to enlarge the first Part of this Discourse with sundry pertinent Additions and to Re-print it in a greater Character then before yet distinct from the following part for the ease the benefit both of Stationer and Buyer When I first entred upon this necessary publike Theame my Primitive Intention was to have Collected the chiefe Heads Reasons Authorities of this and the ensuing Members into one compendious Summulary and so to publish them all together in an intire Briefe But afterwards considering the extraordinary weight and consequence of that Grand common Cause both of Parliament and Kingdome which I was to plead the Novelty and Rarity of the Subject matter the extraordinary Prejudice of the ignorant long-deluded world against it the Potency Policy Multitude of learned Advocates as well Divines as Lawyers of the opposite Royall and Malignant party the insufficiency and unsatisfactorinesse of all late Printed Pleas for the Parliaments Interest through defect of punctuall Precedents and Authorities to backe their rationall Discourses and that a Summary slight debate of these important publicke differences would give but small satisfaction to the Adversary and rather prejudice than advance the Parliaments Kingdomes Native Rights and Priviledges I did thereupon enlarge my Meditations my Collections so farre forth as straites of Time with other avocating Imployments would permit seconding all my Arguments fortifying all my Reasons with such Domesticke Foraine Precedents and Authorities of all sorts as well Divine as Humane Politicall Historicall as Legall as through Gods concurrence with and blessing on my impotent endevours may effectually convince the obstinate wils abundantly satisfie the most seduced prejudicated Judgement finally resolve the most scrupulous Consciences and eternally silence the ignorant the most malicious Tongues and Pennes of all Royallists c. Anti-parliamentary Malignants who are not wilfully wedded to their long-espoused Errors or more enamored with sordid Court flattery for private selfe-ends then fairest though hated ungainfull verity which aimes at nothing but the Publicke good For my part I seriously protest before the great Judge of Heaven and Earth that I have herein wittingly maintained nothing at all but what my Judgement and Conscience both byassed with no sinister ends no private respects ayming at nought else but the Glory of God the settled weale and Tranquillity of our distracted bleeding dying Church and State the onely Motives engaging me in this Service informe me to be a well-grounded ancient pregnant though lately over-clouded undiscovered neglected much-oppugned Truth and albeit most particulars therein debated have for many yeares hitherto beene deposed that I say not stigmatized for seditious dangerous Antimonarchicall Paradoxes if not worse by the generall Torrent of Court-Parasites Lawyers Religion Nature Law Policy the various Precedents and Authorities of former ages and throughly digested without prejudice or partiality they will appeare yea shine forth as most necessary profitable loyall State-securing Peace-procuring verities yea as the very Nerves and sinewes to unite the Pillars to support the Bulwarkes to protect both Church and State against all invasions of heresie or tyranny and to keepe all the Potent Members of them within their Legall bounds Peruse it therefore with an upright heart a dis-ingaged Judgement an unbiassed affection and when
the Pope by a meere divine right is the sole and supreme Monarch of the whole world and all the Kingdomes in it to dispose of them at his pleasure to whom and when he will without giving any account of his actions That all Emperours and Kings are but his vassals deriving and holding their Crownes from him by base unworthy services worse then villenage that they call and repute them their Popes vassals curs packe-asses with Bels about their neckes and use them like such if they offend the Pope For full proofe whereof out of their own Authours and practise I shall refer them to Doctor Richard Crackenthorps Booke Of the Popes temporall Monarcâ—y chap. 1. p. 1. to 27. worthy any mans reading to Iohn Bodins Commonwealth Lib. 1. cap. 9. Bishop Iewels view of a Seditious Bull and Doctor Iohn Whites Defence of the way to the true Church chap. 10. p. 43. Secondly That the Pope alone without a Councell may lawfully excommunicate censure depose both Emperours Kings and Princes and dispose of their Crownes and Kingdomes unto others That it is meete and necessary he should excommunicate and deprive all Kings who are either Heretickes or Apostates as they repute all protestant Princes or oppressors of the Common-wealth That as soone as such Princes are actually excommunicated or notoriously knowne to be Heretickes or Apostates their Subjects are ipso facto absolved from their governmeâ—t and Oathes of Allegiance whereby they were bound unto them and may yea ought to take up Armes against them to deprive them of their Kingdomes Thirdly That such hereticall tyrannicall oppressing Kings may be killed poysoned or slaine by open force of Armes not onely lawfully but with glory and commendations That this is to be executed by Catholikes and that it is not onely an heroicall but meritorious act worthy the highest Encomiums and a Saint-ship in the Roman Calender These two last propositions you may read abundantly proved by the words of Popish writers and forty examples of severall Emperours Kings and Princes which Popes and Papists have excommunicated deprived violently assaulted and murthered in Doctor Iohn Whites defence of the way to the true Church chap. 6. pag. 14. to 22. and chap. 10. p. 43. 44. in his Sermon at Pauls Crosse March 24. 1615. pag. 11. 12. in Bishop Iewels view of a seditious Bull in Bishop Bilsons true difference of Christian Subjection and unchristian rebellion part 3. throughout Aphorismi Doctrinae Iesuitarum King Iames his Apology against Bellarmine with his Answer to Cardinall Perron and sundry printed Sermons preached on the fifth of November to which I shall referre the Reader What security or protection then of his Majesties royall person Crowne Kingdomes can now be expected from our popish Recusants infected with these trayterous principles and branded with so many ancient moderne nay present Treasons and Rebellions against their Soveraignes let the world and all wise men seriously judge What faire quarter and brotherly assistance the Parliament Protestants Protestant Religion Lawes and Liberties of the Subject are like to receive from this popish Army the late Gunpowder Treason the Spanish Armado the English and French booke of Martyrs the present proceedings in Ireland Yorkeshire and elsewhere will resolve without dispute And what peace and safety the Kingdome may expect in Church of State whiles Popery and Papists have any armed power or being among us Doctor Iohn White hath long since proclaimed at Pauls Crosse and now we feele it by experience in these words Papistry can stand neither with peace nor piety the State therefore that would have these things hath just cause to suppresse it Touching our peace it hath not beene violated in our State these many yeares but by them nor scarce in any Christian State since Charles the Great his time but the Pope and his ministers have had a hand in it All these ill advisers to colour their close designe of re-establishing Popery principally intended can alleadge for arming Papists against Law is That the Parliament hath trayterously invaded the Kings Prerogatives in a high degree claimed a power and jurisdiction above his Majesty in sundry particulars yea usurped to its selfe a more exorbitant unlimited arbitrary authority in making Lawes imposing taxes c. then any Parliaments challenged in former ages to represse which insolences and reduce the Parliament to its due limits his Majesty is now necessitated to raise an Army and pray in ayde of Papists who in former ages have beene more moderate in their Parliaments and are like to prove most cordiall and loyall to his Majesty in this service To answer which pretence more fully though it be for the maine most palpably false yet by way of admission onely I shall suppose it true and with all possible brevity manifest That Parliaments Prelates Peeres Commons in times of Popery have both claimed and exercised farre greater authority over our Kings and their Prerogatives then this or any other Protestant Parliament hath done Wherefore Papists of all others have least cause to taxe the Parliaments proceedings and those ill Counsellors and his Majesty small reason to imploy or trust Papists in this service To descend to some particular heads of complaint involved in this generall First it is objected that the Parliament and some of its Advocates with its approbation affirme that the Parliament being the representative Body of the whole Kingdome is in some respects of greater power and authority then the King who though he be singulis major yet he is universis minor which is contrary to the Oath of Supremacy wherein every Subject doth utterly testifie and declare in his conscience that the Kings highnesse is THE ONELY SUPREAME GOVERNOUR of this Realme c. as well in all Spirituall or Ecclesiasticall causes as Temporall and a kinde of unkinging his Majesty no wayes to be indured To which I answer first that if this Doctrine be either Traytorous or Hereticall the Papists were the first broachers of it long agoe For Hen. de Bracton a famous English Lawyer who writ in King Henry the third his reigne lib. 2. cap. 16. f. 34. a. resolves thus But the King hath a SUPERIOUR to wit God Also the Law by which be is made a King likewise HIS COURT namely the EARLES AND BARONS because they are called Comites as being THE KINGS FELLOWES or companions and he who hath a fellow or associate hath a MASTER and therefore if the King shall be without a bridle that is without Law THEY OUGHT TO IMPOSE A BRIDLE ON HIM unlesse they themselves with the King shall be without bridle and then the Subject shall cry out and say O Lord Iesus Christ doe thou binde their jawes with bit and bridle c. A cleare resolution That the Law with the Earles and Barons assembled in Parliament are above the King and ought to bridle him when he exorbitates from the Law which he also seconds in
with a Popish blinde Obedience to all royall Commands though never so illegall out of an implicit Faith that what ever the King Commands though against the expresse Lawes of God and the Realme and Resolutions of both Houses of Parliament may and ought to be obeyed 〈…〉 as some new Doctorâ— teach hath induced not onely many poore Ignorant English and Welsh silly soules but likewise sundry Nobles and Gentlemen of quality very unworthily to engage themselves in a most unnaturall destructive warre against the High Court of Parliament and their Dearest Native Country to their eternall infamies and which is almost a miracle to consider to joyne with the Iesuiticall Popish Party now in Armes both in England and Ireland and some say under the Popes owne Standard not onely to subvert their owne Lawes and Liberties but the very Protestant Religion here estabished which they professe they fight for In this deplorable warre many thousands have beene already destroyed and the whole Kingdome almost made a desolate wildernesse or like to be so ere this Spring passe over and all onely for want of knowledge in the premises which would have prevented all those Miseries and Distractions under which we now languish almost to desperation and death it selfe To dissipate these blacke Clouds of Egyptian Darkenesse spread over all the Land distilling downe upon it in showres of Blood insteed of Aprill drops of raine and I pray God they make not all our May-flowers of a Sanguine dye I have after a long sad Contemplation of my deare Countries bloody Tragedies at the speciall Request of some Members of Parliament according to my weake Ability and few Houres vacancy from other distracting Imployments hastily compiled this undigested ensuing Fragment with the preceding Branch thereof and by their Authority published that in dismembred Parts which by reason of its difficultie to the Printers urgencie of present publike affaires now in agitation I was disabled to put forth together with the remaining member in one intire Body as I desired Be pleased therefore kindly to accept that in Fractions for the present which time onely must and God-willing speedily shall compleat which by Gods blessing on it may prove a likely meanes to comprimise our present Differences and re-establish our much-desired Peace together with our Religion Lawes Liberties in their Native purity and glory the very Crownes and Garlands of our Peace Peace accompained with Slavery and Popery both which now menace Us being worse then the worst of Warres and an honourable death in the field fighting against them better by farre then a disconsolate sordid slavish life or a wounded oppressed Conscience though in a royall Pallace under them From such a disadvantageous enslaving ensnaring unwelcome Peace Good Lord Deliver Us. All I shall adde is but this request A Charitable Construction of this meane Service for my Countries Liberty Tranquility Felicity and if thou or the Republicke reap any benefit thereby let God onely enjoy thy Prayses the Author thy Prayers And because I have walked in an untrodden path in all the Parts of this Discourse Si quid novisti rectius istis Candidus imperti si non his uteremecum THE SOVERAIGNE POWER OF PARLIAMENTS AND KINGDOMES HAVING answered in the former Part the Grand Objection against the Parliaments Soveraigne Power I shall in this proceed to the particular crimes now objected against it The second grand complaint of his Majesty and others against the Parliament is That both Houses by a meere Ordinance not onely without but against the Kings assent have unjustly usurped the power of the Militia a chiefe flower of the Crowne and in pursuit thereof not onely appointed Lieutenants and other Officers to muster the Trained Bands in each County but likewise seised the Ports Forts Navy and Ammunition of the King together with his Revenues to regaine all which his Majesty hath beene necessitated to raise an Army and proceed against them in a Martiall way This unhappy difference about the Miâ—itia being next to the Introduction of Popery the spring from whence our uncivill warres have issued and the full discussion thereof the most probable meanes to put a speedy period to them I shall with as â—uch impartiality and perspicuity as I may like a faithfull Advocate to my Country and cordiall indifferent well-wisher both to King and Parliament truely state and debate this controversie beginning with the occasions which first sâ—t it on foote In the late happily composed Warre betweene England and Scotland occasioned by the Prelates divers Counties of England were much oppressed by their Lieutenants with illegall Levies of Souldiers Coat and Conduct money taking away the Trained Bands Armes against their consents and the like for which many complaints were put up against them to this Parliament many of them voted Delinquents unfit for such a trust and all their Commissions resolved to be against Law so that the Militia of the Realme lay quite unsetled Not long after our Northerne Army against he Scots the pacification being concluded was by some ill instruments laboured to march up to London to over-awe or dissolve the Parliament and quash the Bill against the Bishops sitting in the House Which plot being discovered and the chiefe Actors in it flying over-sea ere it tooke effect made the Parliament jealous and fearefull of great dangers if the Command of the Forces of the kingdome then vacant should be continued in ill-affected or untrusty Officers hands which distrusts and feares of theirs were much augmented by the suddaine generall rebellion of the Papists in Ireland who pretended his Majesties and the Queenes Commissions for their warrant by his Majesties unexpected accusation of and personall comming with an extraordinary Guard into the House of Commons to demand the five Members of it whom he charged with high Treason by his entertaining of divers Captaines as a supernumerary Guard at White-hall and denying a Guard to the House by the Earle of New-castles attempt to seise upon Hull and the Magazine there by command by the Lord Digbies advise to the King to retire from the Parliament to some place of strength by the Reports of Foraine Forces prepared for England through the solicitation of those Fugitives who had a finger in the former plots and by the Queens departure into the Netherlands to raise a party there Hereupon the Parliament for their owne and the kingdomes better security in the midst of so many feares and dangers threatned to them importuned his Majesty to settle the then unsetled Militia of the kingdome by a Bill for a convenient time and seeing the King himselfe could not personally execute this great trust but by under-officers by the same Bill to intrust such persons of quality and sincerity nominated by both Houses and approved by the King as both his Majesty Parliament and kingdome might securely confide in to exercise the Militia and keepe the Forts Magazine and Ammunition of the kingdome under him onely as
sweare to observe before they are crowned the words of which law are these The King shall take heed that he neither undertake warre nor conclude peace nor make truce nor handle any thing of great moment but by the advise and consent of the Elders to wit the Iustitia Arragoniae the standing Parliament of that kingdome which hath power over and above the King And of later dayes as the same Author writes their Rici-homines or selected Peeres appointed by that kingdome not the King have all the charges and offices both of warre and peace lying on their neckes and the command of the Militia of the kingdome which they have power by their Lawes to raise even against their King himselfe in case he invade their Lawes or Liberties as he there manifests at large So in Hungary the great Palatine of Hungary the greatest officer of that kingdome and the Kings Lieutenant Generall who commands the Militia of that Realme is chosen by the Parliament and Estates of that country not the King It was provided by the Lawes of the Aetolians that nothing should be entreated of CONCERNING PEACE OR WARRE but in their Panaetolio or great generall Councell of state in which all Ambassadors were heard and answered as they were likewise in the Roman Senate And Charles the fifth of France having a purpose to drive all the Englishmen out of France and Aquitain assembled a generall assembly of the estates in a Parliament at Paris by their advise and wisedome to amend what by himselfe had not beene wisely done or considered of and so undertooke that warre with the counsell and good liking of the Nobilitie and people whose helpe he was to use therein which warre being in and by that Councell decreed prospered in his hand and tooke good successe as Bodin notes because nothing giveth greater credit and authority to any publike undertakings of a Prince and people in any State or Commonweale then to have them passe and ratified by publike advise and consent Yea the great Constable of France who hath the government of the Kings Sword the Army and Militia of France was anciently chosen by the great Councell of the three Estates Parliament of that kingdome as is manifest by their election of Arthur Duke of Britaine to that office Anno 1324. before which Anno 1253. they elected the * Earle of Leycester a valiant Souldier and experienced wise man to be the grand Seneschall of France ad consulendum regno desolato multum desperato quia strenuus fuit fidelis which office he refused lest he should seeme a Traytour to Henry the third of England under whom he had beene governour of Gascoigne which place he gave over for want of pay In briefe the late examples of the Protestant Princes in Germany France Bohemia the Low countries and of our brethren in Scotland within foure yeares last who seised all the Kings Forts Ports Armes Ammunition Revenues in Scotland and some Townes in England to preserve their Lawes Liberties Religion Estates and Country from destruction by common consent without any Ordinance of both Houses in their Parliament will both excuse and justifie all the Acts of this nature done by expresse Ordinances of this Parliament which being the Soveraigne highest power in the Realme intrusted with the kingdomes safety may put the Ports Forts Navy Ammunition which the King himselfe cannot manage in person but by substitutes into such under Officers hands as shall both preserve and rightly imploy them for the King and kingdomes safety and elect the Commanders of the Militia according to the expresse letter of King Edward the Confessors Laws which our Kings at their Coronations were still sworne to maintaine wherewith I shall in a manner conclude the Legall part of the Subjects right to elect the Commanders of the Militia both by Sea and Land Erant aliae potestates dignitates per provincias patrias universas per singulos Comitatus totius regni constitutea qui Heretochii apud Anglos vocabantur Scilicet Barones Nobiles insignes sapientes fideles animosi Latine vero dicebantur Ductores exercitus apud Gallos Capitales Constabularii vel Marâ—schaâ—li Exercitus Illi vero ordinabant acies densissimas in praeliis aâ—as constituebant prout decuit prout iis melius visum fuit ad Honorem Coronae ET AD UTILITATEM REGNI Isti vero viri ELIGEBANTUR PER COMMUNE CONCILIUM PRO COMMUNI UTILITATE REGNI PER PROVINCIAS ET PATRIAS UNIVERSAS ET PER SINGULOS COMITATUS so as the King had the choyce of them in no Province or Countrey but the Parliament and people onely in pleno Folcmote SICUT ET VICECOMITES PROVINCIARUM ET COMITATUUM ELEGI DEBENT Ita quod in quolibet Comitatu sit unus Heretoch PER ELECTIO NEM ELECTUS ad conducendum exercitum Comitatus sui juxta praeceptum Domini Regis ad honorem Coronae UTILITATEM REGNI praedicti semper cum opus adfuerit in Regno Item qui fugiet a Domino vel socio suo pro timiditate Belli vel Mortis in conductione Heretochii sui IN EXPEDITIONE NAVALI VEL TERRESTRI by which it is evident these popular Heretochs commanded the Militia of the Realme both by Sea and Land and might execute Martiall Law in times of war perdat omne quod suum est suam ipsius vitam manus mittat Dominus ad terram quam ei antea dederat Et qui in bello ante Dominum suum ceciderit sit hoc in terra sit alibi sint ei relevationes condonatae habeant Haeredes ejus pecuniam terramejus sine aliqua diminutione recte dividant inter se. An unanswerable evidence for the kingdomes and Parliaments interest in the Militia enough to satisfie all men To which I shall only adde that observation of the learned Antiquary Sir Henry Spelman in his Glossarium Title Dux and Heretochius where he cites this Law of King Edward That the Heretoch was Magister Militiae Constabularius Mariscallus DVCTOR EXERCITVS SIVE NAVALIS SIVE TERRESTRIS called in Saxon Heretoga ab Here Exercitus Togen Ducere Eligebantur in pleno Folcmote hoc est non in illo sub initio eaâ—endarum Maii at in alio sub capite Calendarum Octobris Aderant tune ipsi Heretochii QUAE VOLUERE IMPERABANT EXEQUENDA consvlto tamen PROCERUM COETU ET JUDICIO TOTIUS FOLCMOTI APPROBANTE Then he subjoynes POPULARIS ISTA HERETOCHIORUM SEU DUCUM ELECTIO nostris Saxonibus cum Germanis aliis COMMUNIS FUIT Vt in Boiorum ll videas Tit. 2. cap. 1. S. 1. Siquis contra Ducem suum quent Rex ordinavit in Provincia illa AUT POPULUS SIBI ELEGERIT DUCEM de morte Ducis consiliatus fuerit in Ducis sit potestate c. Hue videtur pertinere quod apud Greg. Turon legas l. 8. Sect. 18. Wintro Dux à Pagensibus
of divers Malignants about the King who will challenge all places of trust from his Majestie as just reward for their faithfull service as they did in Henry the 〈◊〉 this raigne when Mathew Paris complained and the whole Kingdomâ— with him in this manner Iudicia 〈◊〉 injustis leges exlegibus 〈…〉 c. Who when they have all power and offices shared among them will be apt to meditate and act revenge on the primest of their Parliamentary Opposites to oppresse and fleece the Subjects to repaire their losses their expences in this warre or their poore decayed fortunes All these with other such like probable subsequent considerations may iustly plead the inconvenience and great danger to Parliament and Kingdome to make an absolute present surrender of the Militia Forts Navie ammunition into such untrusty hands as are likely to turne them all against them and to prooue mischeivous if not pernicious unto both for the premised reasons Pestifera vis est valere ad nâ—cendum especially if it be in Malignant hands And here to avoyd all misinterpretations of this impartiall discourse I seriously protest that as I heartily desire and constantly endeavour a speedy safe cordiall vnion between King Parliament People so have I most unwillingly been necessitated to repeat the premised objections much feared designes and experimentall contradictions betweene many late Protestations and actions frequent in Parliamentary Declarations new printed Pamphlets and most mens mouthes not out of any disloyall seditious intention as some will maliciously mis-conster it to staine his Maiesties Reputation with his people and make the breach betweene them incurable that they may never trust one another more but onely faithfully to demonstrate to his Highnesse and all about him the great disservice and impoliticke pernicious advise of those ill Counsellors who have most unhappily engaged him in such pernicious proiects and frequent repugnances of workes and words as have given both Parliament and people a more then colourable if not iust occasion to distrust his Maiesties gracious words and promises for the present till they shall visibly discerne them more punctually observed and reallized for the future and made them so unhappy on the one hand that now they dare not trust his Majesty so farre forth as they desire out of a provident care of their owne future security and His Highnesse so unfortunate on the other hand as to grow jealous of their Loyalties because they will not conside in his Royall Faith and Protestations so farre as he expects out of a care to preserue his owne Kingly Honour In this unhappy diffidence occasioned onely by His Majesties cvill Counsell betweene King and Kingdome a reall future renouncing of all forenamed suspected designes and actuall performance of all Regall promises will be the onely meanes to cure all Ielousies banish all feares remove all diffidences and beget an assured trust firme peace and lasting unity between King and Subjects to their mutuall unexpressible felicity which I shall dayly imprecate the God of Peace speedily to accomplish But to returne to the matter in hand Secondly It is conceived by many indifferent men to be farre more reasonable and safe both for King and Kingdome as things now stand that the Miliâ—ia Ports c. till our feares and jealousies be quite removed should remaine in the Parliaments hands then in the Kings alone which they thus demonstrate First Because all these are the Kingdomes in right property use not the Kings Who being but the Kingdomes Royall publicke Servant may with Honour and better reason deliver up the Custody of them to the representative Body of the Kingdome for a reason then detaine them from them when they require it Secondly Because the Parliament is the Superiour Soveraigne power the King but the Ministeriall and it is more rationall and just that the inferiour should condiscend to the greater Power the Ministeriall to those hee serves then they to him Thirdly Many men of Honour and fidelity are more to be trusted and credited then any one man whatsoever because not so mutable so subâ—ect to seduction corruption errour or selfe-ends as one or very few This is the true reason there are many Iudges in all Courts of Iustice most select Members in the highest Court of all the Parliament as there was in the Roman Senate in Foraigne Parliaments in Nationall and Generall Councels because Courts of greatest trust and power many being more trusty and juditious then one or a few Whence Solomâ—n doubles this resolution In the multude of Counsellors there is safety yea two saith hee are better then one in point of trust whence wise men of great estates make many 〈◊〉 or Executors and seldome doe cofide in one alone The Parliament therfore being many and the King but one are most to be confided in by the Kingdome Fourthly Kings have frequently broke their Faith and Trust with their Parliaments and Kingdomes Parliaments seldome or never violated their trust to King or Kingdome therefore it s more just lesse dangerous for King and Kingdome to trust the Parliament then the King Fiftly The Parliament is elective consisting for the most part of the principall men in every County City Burrough in whom the people who elected them most confide The King successive not Elective Therefore not so much confided in by the Kingdome as the Parliament Sixtly The Parliament being the great Counsell both of King and Kingdome consisting of the ablest men of all Counties is better able to judge and make choyce of fit persons to manage and keep the premises for the publike safety then the King alone without their advise Seventhly The Parliament heretofore hath elected the greatest Officers of the Kingdome yea the King himselfe when the Title to the Crowne hath been doubtfull the inheritance and discent whereof hath in all or most Princes raignes beene constantly guided and setled by the Parliament as I have formerly proved because it most concernes the weal or woe the peace safety of the Realme to have trusty Officers Therefore by the selfe-same reason they should for the present appoint all Officers for the custody and ordering of the Premises Eightly The Kings trusting the Parliament with these things for a convenient time wil be the only meanes to remove the peoples feares prevent their dangers quiet their mindes beget a perfect vnity and amity between King Parliament Subject and prevent all future differences whereas the present resigning of them to his Majesties trust and power will but augment their jealousies feares dangers discontents and neither pacifie former differences nor prevent future but rather perpetuate and beget them especially if any notorious Papists Malignants the likeliest men to be imployed vnder his Maiesty be trusted with any of the premises which will endanger both Liberties and Religion of which there will be no feare at all if the Parliament and such as they shall nominate be the onely Trustees In fine If neither King nor
force of Armes resist the Kings or any other lawfull Magistrates just commands warranted either by Gods Word or the Lawes of England it being out of controversie readily subscribed by all of both sides that Such commands ought not so much as to be disobeyed much lesse forcibly resisted but cheerefully submitted to and readily executed for Conscience sake Rom. 13. 1. to 6. 1 Pet. 2. 13 14. Tit. 3. 1. Hebr. 13. 17. Iosh. 1. 16 17 18. Ezra 7. 26. Eccles. 8 2 3 4 5. the onely thing these objected Scriptures prove which come not neere the thing in question though our Opposites most rely upon them Secondly Neither is this any branch of the dispute Whether Subjects may lawfully rise up or rebell against their Prince by way of Muteny Faction or Sedition without any just or lawfull publicke ground or for every trifling injury or provocation offered them by their Prince Or whether private men for personall wrongs especially where their lives chastities livelihoods are not immediatly endangered by actuall violent unjust assaults may in point of Conscience lawfully resist or rise up against their Kings or any other lawfull Magistrates Since all disavow such tumultuous Insurrections and Rebellions in such cases yet this is all which the oft objected Examples of Korah Dathan and Abiram with other Scriptures of this Nature doe or can evince Thirdly nor is this any parcell of the Conâ—roversie Whether Subjects may lay violent hands upon the persons of their Princes wittingly or willingly to deprive them of their Lives or Liberties â—specially for private Injuries or in cold blood when they doe not actually nor personally assault their lives or chastities or for any publike misdemeanours without a precedent sentence of Imprisonment or death against them given judicially by the whole States or Realmes where they have such Authority to araigne and judge them For allunanimously disclaime yea abominate such Traitorous practises and Iesuiticall Positions as execrable and unchristian yet this is all which the example of Davids not offering violence to King Saul the 1 Sam. 24. 3. to 22. cap. 26. 2. to 25. 2 Sam. 1. 2. to 17. or that perverted Text of Psal. 105. 15. the best Artillery in our Adversaries Magazines truely prove Fourthly Neither is this the thing in difference as most mistake it Whether the Parliament may lawfully raise an Army to goe immediately and directly against the very person of the King to apprehend or offer violence to him much lesse intentionally to destroy him or to resist his owne personall attempts against them even to the hazard of his life For the Parliament and their Army too have in sundry Remâ—nstrances Declarations Protestations and Petitions renounced any such disloyall intention or designe at all for which there is no colour to charge them and were his Majestie now alone or attended onely with his Ordinary Courtly Guard there needed no Army nor Forces to resist his personall assaults Yet this is made the principall matter in question by Doctor Ferne by An appeale to thy Conscience and other Anti-parliamentary Pamphlets who mâ—ke this the sole Theame of their Discourses That Subjects may not take up Armes Against their Lawfull Soveraigne because he is wicked and unjust no though he be an Idolater and Oppressor That Supâ—ose the King will not discharge his trust but is bent or seduced to subvert Religion Lawes Liberties yet Subjects may not take up Armes and resist the King it being unwarrantable and according to the Apostle damnable Rom. 13. Yea this is all the questions the Câ—â—valleers and Malignants demand of their Opposites in this cause What will you take up Armes will you fight against or resist the King c. Never stating the question of his Forces his Army of Papists Malignants Delinquents but onely of the King himselfe abstracted from his invading depopulating Forces against whom in this sence of theirs the Parliament never yet raised any Forces nor made the least resistance hitherto These foure particulars then being not in question I shall here appeale to the most Malignant Conscience Whâ—ther Doctor Ferne and all other our Opposites pretenders of Conscience haue not ignorantly if not maliciously made ship wracke of their good Consciences had they ever any by a wilfull mistating of the Controversie concerning the present Defensive Warre in the foure preceding particulars which they make the onely Questions when not so much as one of them comes within the Verge of that which is the reall Controversie and never once naming that in all or any of their Writings which is the point indeed Secondly Whether there bee any one Text or Reason in all their Pamphlets particularly applied to any thing which concernes the present Warre but onely to these foure particulars which are not in debate And if so as no Conscience can gaine-say it then there is nought in all the wast Papers they have published which may either resolve or scruple any Conscience That the Parliaments Defensive Armes and resistance are unlawfull in point of Divinity or Conscience which is steered by the Scriptures Compasse But if these particulars be not in question you may now demand what the knot and true state of the present Controversie in point of Conscience is In few words take it thus Whâ—ther both Houses of Parliament and the Subjects by their Authorâ—ty for the preservation of their owne Persons Priviledges Lawes Lives Liberties Estates Religion the apprehension of Voted contumatious Traitors and Delinquents the resâ—uing his seduced Majestie out of the power of Popish pernicious Counsellours and Forces who endâ—avour the Kingdomes subversion by withdrawing him from and incensing him against his Parliament may not lawfully with a good Conscience take up necessary defensivs Armes and make actuall Warlike resistance against his Mâ—jâ—stiâ—s Maligna it ill Counsellors and invading Popish Forces who now Murther Rob Spoile Sacke Depopuâ—ate the Kingdome in a most Hostile manner to set up Tyranny Popery and an Arbitrary lawlesse Government in case they come armed with his personall presence or commission to â—xecute these their wicked illegall designes Especially when neither the Parliament nor their forces in this their resistance have the least thought at all to offer any violence to the Kings owne person or to oppose his Legall iust Soveraigne Authority Or shorter Whether the Kings Captaines anâ— Souldierâ—s invading the Parliamâ—nt and Subiects as aforesaid the Parliament or Subiects especially when authorized by an Ordinance of both Houses may not with a safe Conscience forcibly resist these Malignants though armed witâ— the Kings illegall Commissions without his personall presence or with his presence and Commissions too And for my part I thinke it most evident that they may lawfully resist repulse them even by Divine Authority For the better clearing whereof I shall premise these three undeniable Conclusions First That no lawfull King or Monarch whatsoever much lesse the Kings of England who are no absolute Princes have any the least Authority from the
Allies and other neighbour States or Princes may with good Conscience repulse with Armes from Subjects wrongfully oppressed invaded tyrannically by their Soveraignes or their wicked Instruments at or without the Subjects intreaty when they are unable to relieve themselves no doubt the Subjects themselves if able may with better reason and as good Conscience resist and repell because every man is nearer and more oblieged to defend and preserve himselfe and those of his owne Nation Religion blood then strangers are and may with lesse publick danger inconvenience and more speede effect it then Forraigners but Allies and Forraigne Neighbour States and Princes as Gratian out of the 5. Councell of Carthage Augustine Ambrose Hierâ—m Anastatius Calistus and other Albericus Gentilis Iohn Bodin Hugâ— Grotius and Generally all Canonists Casuists Schoolemen accord may in many cases with good conscience by force of Arms repulse from Subjects wrongfully oppressed invaded and tyrannically abused the injuries offered them by their Soveraignes and that either at and in some cases without the Subjects intreaty Which they prove by Moses his slaying the Aegyptian that oppressed the Hebrew Exod. 2. 11. to 15. by Ioshua his ayding of the Gibeonites against the five Kings that made war against them Iosh. 10. by the example of Iehoshaphat 1 Kin. 22 2 Kings 3. Of the chiefe Captaines securing Paul with a gard of Souldiers against the Iews who had vowed his death Acts 23. by Abrahams rescuing Lot Gen. 14. by sundry ancient and late Examples in story Therfore Subjects themselvs no doubt if able may with good reason and conscience lawfully resist and repell their Princes invading Forces though accompanied assisted with his personall presence Fifthly It is yeelded by all Divines Lawyers Canonists Schoolemen as Gratian Banâ—es Sâ—to Lessius Vasquius Covaruviâ—s Aquinas Sylvester Bartolus Baldus Navarre Albericus Gentilis Grotius and others that private men by the Law of God and nature may in defence of their lives chastities principall members and estates lawfully resist all those who forcibly assault them to deprive them thereof yea and slay them to unlesse they be publicke persons of eminencie by whose slaughter the Commonweale should sustaine much prejudice whose lives in such cases must not be willingly hazzarded though their violence be resisted which is cleerely prooved by Iudges 11. 8. 15. to 18. 1 Saâ— 17 41. to 53. Deut. 22. 26. 27. since therefore all these are apparently indangered by an invasive warre and Army more then by any private assaults and no ayde no assistance or protection against the losse of life chastitie estate and other violences injuries which accompany wars can be expected from the Lawes or Prince himself the fountaine of this injustice or legall punishments inflicted on the malefactors whose armed power being above the reach of common justice and injuries countenanced abetted authorised by the Soveraigne who should avenge and punish them every subject in particular and the whole state in Parliament assembled in generall may and ought in point of conscience joyntly and severally to defend themselves their neighbours brethren but especially their native Countrey Kingdome whose generall safety is to be preferred before the lives of any particular persons how great or considerable soever which may be casually hazarded by their owne wilfulnesse though not purposely endangered or cut off in the defensive incounter by those who make resistance And if according to Cajetan and other Schoolemen Innocents which onely casually hinder ones â—light from a mortall enemie may be lawfully with good conscience slaine by the party pursued in case where he cannot else possibly escape the losse of his owne life because every mans ownelife is dearer to him then anothers which he here takes away onely to preserve his ownelife without any malicious murtherous intent though others doubt of this case or if innocent persons set perforce in the front of unjust assailants as by the Cavalleirâ—s at Brainford and elsewhere to prevent defence and wrong others with more securitie and lesse resistance may casually be slain though not intentionally by the defensive party as I thinke they may for prevention of greater danger and the publicke safety then certainely those of publicke place and Note who wilfully and unnaturally set themselves to ruine their Country Liberty Religion Innocent brethren who onely act the defensive part and voluntarily intrude themselves into danger may questionlesse with safe conscience be resisted repulsed in which if they casually chance to lose their lives without any malice or ill intention in the defeâ—dants it being onely through their owne default such a casuall accident when it happens or the remote possibility of it in the combate before it begins cannot make the resistance either unjust or unlawfull in point of conscience for then such a possibility of danger to a publike person should make all resistance unlawfull deprive the Republicke wholly of this onely remedy against tyrannicall violence and expose the whole common-weale to ruine whose weale and safety is to be preferred before the life or safety of any one member of it whatsoever Having thus at large evinced the lawfulnesse of Subjects necessary forcible resistance defensive wars against the unjust offensive Forces of their Soveraignes I shall in the next place answere the principall arguments made against it some whereof for ought I finde are yet unanswered These Objections are of foure sorts out of the Old Testament the New from reason from the example of the primitive Christians backed with the words of some Fathers I shall propound and answere them in order The first out of the Old Testament is that of Numb 16. Korah Dathan and Abiram for their insurrection against that very divine Authority which God himselfe had delegated to Moses and Aaron without any injury or injustice at all once offered to them or any assault upon them Ergo marke the Non-sence of this argumentation no Subjects may lawfully take up meere necessary defensive Armes in any case to resist the bloody Tyrannie Oppression and outrages of wicked Princes or their Cavalleires when they make warre upon them to destroy or enslave them An Argument much like this in substance No man ought to rise up against an honest Officer or Captaine in the due execution of his Office when he offers him no injury at all Therefore he ought not in conscience to resist him when he turnes a theefe or murtherer and felloniously assaults him to rob him of his purse or cut his throate Or private men must not causelesly mutinie against a lawfull Magistrate for doing justice and performing his duty Ergo the whole Kingdome in Parliament may not in Conscience resist the Kings Captaines and Cavalleeres when they most unnaturally and impiously assault them to take away their Lives Liberties Priviledges Estates Religion oppose and resist justice and bring the whole Kingdome to utter desolation The
very recitall of this argument is an ample satisfactory refutation of it with this addition These seditious Levites Rebelled against Moses and Aaron onely because God himselfe had restrained them from medling with the Priests Office which they would contemptuously usurpe and therefore were most severely punished by God himself against whose expresse Ordinance they Rebelled Ergo the Parliament and Kingdome may in no case whatsoever though the King be bent to subvert Gods Ordinances Religion Lawes Liberties make the least resistance against the king or his invading forces under paine of Rebellion High Treason and eternall condemnation This is Doctor Fernes and some others Bedlam Logicke Divinity The next is this Thou shalt not revile the Gods nor curse the Ruler of thy people Ex. 22. 28. Eccl. 10. 20. Curse not the King no not in thy thought and curse not the rich in thy bed-Chamber which is well explained by Prov. 17. 26. It is not good to strike Princes for equitie Ergo it is unlawfull for the Subjects to defend themselves against the Kings Popish depopulating Cavaleers I answer the first text pertaines properly to Judges and other sorts of Rulers not to Kings not then in being among the Israelites the second to rich men as well as Kings They may as well argue then from these texts that no Iudges nor under-rulers nor rich men whatsoever though never so unjust or wicked may or ought in conscience to be resisted in their unjust assaults Riots Robberies no though they be bent to subvert Religion Lawes Liberties as that the King and his Souldiers joyntly or severally considered may not be resisted yea these acute disputants may argue further by this new kinde of Logicke Christians are expresly prohibited to curse or revile any man whatsoever under paine of damnation Rom. 12. 14. Mat. 5â— 44. Levit. 19. 14. Numb 23. 7. 8. 2 Sam. 16. 9. Levit. 20. 9. c. 24. P 1. 14. 23. Levit. 20. 9 Prov. 20. 20. 1 Cor. 6. 10. 1 Cor. 4. 12. 1 Pet. 2. 23. Iude 9. Ergo we ought to resist no man whatsoever no not a theefe that would rob us cut-throate Cavaleers that would murther us lechers that would ravish us under paine of damnation What pious profitable Doctrine thinke you is this All cursings and railings are simply unlawfull in themselves all resistance is not so especially that necessary we now discourse of against unlawfull violence to ruine Church and State To argue therefore all resistance is simply unlawfull because cursing and reviling of a different nature are so is ill Logicke and worse Divinity If the objectors will limit their resiâ—tance to make the Argument sensible and propose it thus All cursing and râ—viling of Kings and Rulers for executing justice impartially for so is the chiefe intendment of the place objected delinquents being apt to clamour against those who justly censure them is unlawfull Ergo the forcible resisting of them in the execution of justice and their lawfull authority is unlawfull the sequell I shall grant but the Argument will be wholy impertinent which I leave to the Objectors to refine The third Argument is this That which peculiarly belongs to God no man without his speciall authority ought to meddle with But taking up Armes peculiarly belongeth to be Lord. Deut. 32. 35. Where the Lord saith vengeance is mine especially the sword which of all temporall vengeance is the greatest The Objector puts no Ergo or conclusion to it because it concludes nothing at all to purpose but onely this Eâ—go The King and Cavalleeres must lay downe their Armes and swords because God never gave them any speciall commission to take them up Or Ergo no man but God must weare a sword at least of revenge and whether the kings and Cavalleers Offensive or the Parliaments meere Defensive sword be the sword of vengeance and malice let the world determine to the Objectors shame The fourth is from Eccles. 8. 2. 3. 4. I councell thee to keepe the Kings Commandment and that in regard of the Oath of God Be not hasty to goe out of his sight stand not in an evill thing for he doth whatsoever pleaseth him where the word of a king is there is power and who may say unto him what dost thou This Text administers the Opposites a double Argument The first is this All the Kings Commands are to be kept of all his Subjects by vertue of the Oathes of supremacy alleigance and the late protestation including them both Ergo by vertue of these Oathes we must not resist his Cavalleeres but yeeld our thoates to their swords our purses and estates to their rapines our chastities to their Lecheries our Liberties to their Tyrannies our Lawes to their lusts our Religion to their Popish Superstition and Blasphemies without any opposition because the king hath oft commanded us not to resist them But seeing the Oath and Law of God and those oathes of ours obleige us onely to obey the Kings just legall commands and no other not the Commands and lusts of evill Councellors and Souldiers this first Argument must be better pointed ere it will wound our cause The second this The king may lawfully do whatsoever pleaseth him Ergo neither are He or his Forces to be resisted To which I answer that this verse relates onely unto God the next antecedent who onely doth and may doe what he pleaseth and that both in heaven and earth Psal. 135. 6. Psal. 115. 3 Esay 46. 10. not to Kings who neither may nor can doe what they please in either being bound both by the Laws of God man and their Coronation Oathes perchance the oath of God here meant rather then that of supremacie or alleigance to doe onely what is lawfull and just not what themselves shall please But admit it meant of Kings not God First the text saith not that a king may lawfully doe what he pleaseth but he doth whatsoever pleaseth him Solomâ—n himselfe committed idolatry built Temples for Idolatrous worship served his idolatrous wives Gods married with many idolatrous wives greivously oppressed his people c. for which God threatned to rent the kingdome from himself as he did the ten Tribes from his son for those sinnes of his David committed adultery and wilfully numbred the people and what King Ieroboam Manasseh Ahab other wicked Kings have done out of the pleasure and freedome of their lawlesse wills to the infinite dishonour of God the ruine of themselves their posterities Kingdomes is sufficiently apparent in Scripture was all therefore just lawfull unblameable because they did herein whatsoever they pleased not what was pleasing to God If not as all must grant then your foundation failes that Kings may lawfully doe whatsoever they will and Solomons words must be taken all together not by fragments and these latter words coupled with the next preceeding Stand not in an evill matter and then Pauls words will well interpret his Rom.
13. 4. But if thou doe that which is evill be afraid for he beareth not the sword in vaine for he is the minister of God a revenger to execute wrath upon them that doe evill So that the genuine sence of the place is and must be this Stand not in an evill matter for the king hath an absolute power to doe whatsoever he pleaseth in way of justice to punish thee if thou continue obstinate in thy evill courses to pardon thee if thou confesse submit and crave pardon for them Ergo the king and his Cavalleeres have an absolute power to murther plunder destroy his Subjects subvert Religion and he and his Forces must not herein be resisted is an ill consequent from such good premises The third is this Where the word of a King is there is power and who may say unto him what dost thou that is expostulate with censure him for doing justly as Iob 34. 17. 18. 19. expound it Ergo the king or his Forces may not be resisted in any case they might rather conclude Therefore neither Kingdome nor Parliament nor any Subject or person whatsoever ought to demand of the king to what end or why he hath raised Forces and Armed Papists against the Parliament and Protestant Religion These Court-Doctors might as truely conclude from hence If the king should command us to say Masse in his Chappell or our Parishes to adorne Images to turne professed Masse-priests c. to vent any Erronious Popish Doctrines to pervert the Scriptures to support Tyrannie and lawlesse cruelty we must and will as some of us doe cheerefully obey for where the word of a King is there is power and we may not say unto him what dost thou If a King should violently ravish matrons defloure virgins unnaturally abuse youth cut all his Subjects throates fire their houses sacke their Cities subvert their liberties and as Bellarmine puts the case of the Popes absolute irresistible authority send millions of soules to hell yet no man under paine of damnation may or ought to demande of him Domine cur ita facis Sir what doe you But was this the holy Ghosts meaning thinke you in this place If so then Nathan was much to blame for reprehending king Davids Adultery Azariah and the 40. Priests who withstood King Vzziah when he would have offered incensâ— on the incense Altar and thrust him out of the Temple telling him it pertaineth not to thee Vzziah to burne incense to the Lord c. Were no lesse then Traytors Iohn Baptist was much over-seene to tell King Herod It is not lawfull for thee to have thy brothers wife The Prophet who sharpely reprehended Amaziah for his Idolatry and new altar 2 Chron 25. 15. 16. was justly checked by the king Elâ—iah was to be rebuked for telling Ahab so plainely of his faults and sending such a harsh message to King Abaziah Elisha much to be shent for using such harsh language to King Iehoram 2 Kings 3. 13. 14. yea Samuel and Hanani deserved the strappado for telling King Saul and Asa That they had done foolishly â— Sam. 13 3. 2 Chron. 15. 9. The meaning therefore of this Text so much mistaken unlesse we will censure all these Prophets and have Kings not onely irresistible but irreprehensible for their wickednesse is onely this No man may presume to question the kings just actions warranted by his lawfull royall power this text being parallel with Rom. 13. 1. 2. 3. 4 What then Ergo None must question or resist his or his Cavalleers unjust violence and proceedings not the Parliament the supremest Iudicature and Soveraigne Power in the Kingdome is a ridiculous consequence yet this is all this Text doth contribute to their present dying bad cause The 5. is that usually objected Text of Psal. 105. 14 15. Touch not mine annointed Ergo the King and his Cavaleers must not be so much as touched nor â—esisted I wonder they did not as well argue Ergo none must henceforth kisse his Majesties hand siâ—ce it cannot be done without touching him neither must his Barber trim him nor his Bedchamberâ— men attire him for feare of high Treason in touching him And the Cavaleers must not henceforth be arrested for their debts apprehended for their robberies and murthers neither must the Chyrurgiâ—n dresse their wounds or pock-soars or otherwise touch them so dangerous is it to touch them not out of fear of infection but for fear of transgressing this sacred Text scarce meant of such unhallowed God-dammeeâ— Such conclusions had been more literall and genuine then the first But to answer this long since exploded triviall Objection not named by Dr Ferne though revived by others since him I say first that this Text concernes not kings at all but the true anoynted Saints of God their Subjects whom kings have been alwayes apt to oppresse and persecute witnesse Psal. 2. â— c. Act 4. 26. 27. Act. 12. 1 2 3 with all sacred and Ecclesiasticall Histories ancient or moderne This is most apparent first because these words were spoken by God to Kings themselves as the Text is expresse Psal 105 14 15. 1 Chron. 16. 20. 21. He suffered no man to do them wrong but reproved even KINGS for their sakâ—s saying even to king themselves namely to king Pharaoh an king Abimelech Gen. 12. 10. to 20. Chap. 20. and 26 1. to 17. 29 Touch not mine Anointed and do my Prophets no harm Therefore not meant of kings Secondly because these words were spoken directly and immediately of Abraham Isaac Iacob their wives and families as it is evident by Verse 6. the whole series of the Psalme which is Historicall the forecited Teâ—ts of Genesis to which the words relate the punctuall confession of Augustine and all other Expositors on this Psalm Now neither they nor their wives nor their children clearly were actuall much lesse anointed Kings For first they lived long before the government of kings was erected among the Israelites of whom Saul was the first 2. They had no kingdom nor territories of their own when these words were uttered but were strangers in the Land going from one Nation and Kingdom to another sojourning obscurely like Pilgrims and Strangers upon earth in Egypt and Gerar under King Pharaoh Abimelech and other Princes not as kings but subjects and priâ—ate men as Verse 12. 13. Gen. 12. and 20. and 26 Chap. 36. 7. Chap. 37. 1. Deut. 23. 7. Hebr. 11. 13. resolve Thirdly They were but very few men in number Verse 12. Genesis 34. 30. they were Masters onely of their own small families and that under forraign Kings therfore doubtlesse no kings at all Fourthly this was spoken of these Patriarchs Wives and Families as well as of themselves and they certainly were no kings unlesse you will have kingdoms consisting onely of kings and no subjects at all Verse 12. 14. Gen. 12. 15. to 20. Chap. 20. 2. to 17. Chap. 26. 11. Chap. 34. 30.
all persons thorowout their Dominions in all causes so well Ecclesiasticall as spirituall printed at London 1573. p. 1095. writes thus But who denies this M. Saunders that a godly Bishop may upon great and urgent occasion if it shall be necessary to edifie Gods Church and there be no other remedy flee to this last censure of Excommunication AGAINST A WICKED KING Making it a thing not questionable by our Prelates and Clergie that they may in such a case lawfully excommunicate the King himself And Doctor Bilson Bishop of Winchester in his True difference between Christian subiection and unchristian Rebellion dedicated to Queen Elizabeth her self printed at Oxford 1595. Part. 3. Page 369. to 378. grants That Emperours Kings and Princes may in some cases be Excommunicated and kept from the Lords Table by their Bishops and grants That with Hereticks and Apostates be THEY PRINCES or private men no Christian Pastor nor people may Communicate Neither finde I any Bishop oâ— Court Doctor of the contrary opinion but all of them readily subscribe hereto If then not onely the ill Counsellors and Instruments of Kings but Kings and Emperours themselves may thus not onely be lawfully iustly resisted but actually smitten and excommunicated by their Bishops and Clergy with the spirituall sword for their notorious crimes and wickednesses notwithstanding this inhibition which Valentinian the Emperour confessed and therefore desired that such a Bishop should be chosen and elected in Millain after Auxentius as he himself might really and cordially submit to him and his reprehensions since he must sometimes needserre as a man as to the medicine of souls as he did to Ambrose when he was elected Bishop there why they may not likewise be resisted by their Laity in the precedent cases with the temporall sword and subjected unto the censures of the whole Kingdoms and Parliaments transceâ—ds my shallow apprehension to conceive there being as great if not greater or the very self-same reason for the lawfulnesse of the one as of the other And till our Opposites shall produce a substantiall difference between these cases or disclaim this their practice and doctrine of the lawfulnesse of excommunicating Kings and Emperours they must give me and others liberty to conceiye they have quite lost and yeelded up the cause they now contend for notwithstanding this chief Text of Romaâ—es 13. the ground of all their strength at first but now of their ruine The tenth Objection is this that of 1 Pet. 2 13 14 15 16. Submit your selves to every ORDINANCE OF MAN for the Lords sake whether it be to The King AS SVPREAME or unto Governours as unto them that are scut by him to wit by God not the King as the distribution manifests and Rom. 13. 1 2 3 4. For the punishment of evill doers and for the praise of them that doe well c. Feare God Honour the King wee must submit to Kings and honour Kings who are the supream Governours therefore we may in no case forcibly resist them or their Officers though they degenerate into Tyrants To which I answer that this is a meer inconsequent since the submission here injoyned is but to such Kings who are punishers of evill doers and praisers of those that do well which the Apostle makes the Ground and motive to submission therefore this text extends not to Tyrants and oppressors who doe quite contrary We must submit to Kings when they rule well and justly is all the Apostle here affirms Ergo wee must submit to and not resist them in any their violent courses to subvert Religion Lawes Liberties is meer non-sence both in Law Divinity and common Reason If any reply as they doe that the Apostle vers 18 19 20. Bids servants be subject to their Masters with all feare not onely to the good and gentle but also to the froward For this is thank-worthy if a man for conscience towards God endure griefe suffering wrongfully c. Ergo this is meant of evill Magistrates and Kings as well as good I answer 1. That the Apostles speaks it onely of evill â—asters not Kings of servants not subjects there being a great difference between servants Apprentices Villaines and free-borne subiects as all men know the one being under the arbitrary rule and government of their Masters the other only under the just setled legall Government of their Princes according to the Lawes of the Realme Sâ—condly this is meant onely of private personall iniuries and undue corrections of Masters given to servants without iust cause as vers 20. For what glory is it if when yee be BVFFETED FOR your faults c. intimates not of publike iniuries and oppressions of Magistrates which indanger the whole Church and State A Christian servant or subiect must patiently endure private undue corrections of a froward Master or King Ergo whole Kingdomes and Parliaments must patiently without resistance suffer their kings and evill Instruments to subvert Religion Lawes Liberties Realms the proper deduction â—een is but a ridiculous conclusion Secondly This Text enjoynes no more subjection to kings then to any other Magistrates as the words Submit your selves TO EVERY ORDINANCE of Man Or unto Governors c. prove past all contradiction And vers 6 which bids us Honour the King bids 〈◊〉 first in direct tearmes HONOVR ALL MEN to wit All Magistrates at least if not all men in generall as such There is then no speciall Prerogative of irresistability given to kings by this Text in injurious violent courses more then there is to any other Magistrate or person whatsoever God giving no man any Authority to injure others without resistance especially if they assault their persons or â—nvade their Estates to ruine them Since then inferiour Officers and other men may be forcâ—bly resisted when they actually attempt by force to ruine Religion Lawes Liberties the republike aâ— I haue proved and our Antagonists must grant by the self-same reason kings may be resisted too notwithstanding any thing in this Text which attributes no more irresistability or authority to Kings then unto other Magistrates Thirdly Kings are here expresly called AN ORDINANCE OF MAN not God as I have formerly proved them to be If so I then appeal to the consciences of our fiercest Antagonists whether they do beleeve in their consciences or dare take their Oathes upon it That ever any people or Nation in the world or our Ancestors at first did appoint any Kings or Governours over them to subvert Religion Laws Liberties or intend to give them such an unlimited uncontroulable Soveraignty over them as not to provide for their own safety or not to take up Arms against them for the necessary defence of their Laws Liberties Religion Persons States under pain of high Treason or eternall damnation in case they should degenerate into Tyrants and undertake any such wicked destructive designe If not as none can without madnesse and impudence averre the contrary it being against all common
ever used by the Apostles Evangelists Jewes to expresse the Emperour by but that of Caesar not this of King Therefore Peters Text speaking onely of the King not Caesar cannot be intended of the Romane Emperour as ignorant Doctors blindly fancie Fifthly This Epistle of Peter the Apostle of the Iews was written onely to the dispersed Iews thorowout Pontus Galatia Cappadocia Asia and Bythinia 1 Pet. 1. 1. over whom Herod at that time reigned as King by the Romane Senates and Emperours appointment who had then conquered the Iews and made them a tributarie Province as is evident by Matth. 27. 17 21. Mark 12. 14 16 17. Luke 20. 22 24 25. chap. 23. 2. Acts 17. 7. chap. 25. 8 10 11 12 21. chap. 27. 24. chap. 12. 1. to 24. compared together and by Iosepâ—us the Century writers Baronius Sigonius and others The King then here mentioned to be supreame was Herod or King Agrippa or some other immediate King of the Iews who was their supreame Governour not absolutely but under the Romane Senate and Emperours and made so by their appointment whence called in the Text an Ordinance of man not God Now this King of the Jews as is evident by Pauls Appeal to Caesar from Festus and King Agrippa as to the Soveraign Tribunall Acts 25. and 26. by Iosephus Pâ—ilo Iudâ—us de legatione ad Caium and the consent of all Historians was not the absolute Soveraigne Power but subordinate to the Romane Emperour and Senate who both created and bad power to controll remove and censure him for his misdemeanours yet Peter calls him here Supreame because the Highest Governour under them as we stile our Kings Supreame Governours under Christ. Therefore having a Superiour Governour and Power over him to which he was accountable and subordinate Supreame in the Text cannot be meant of a King absolutely Supreame having no Power Superiour to him but God but onely relatively Supreame in respect of under Governours there actually residing whose Supremacie being forcibly gained onely by conquest not free consent and the ancient native Kings of the Iews being inferiour to their whole Senates and Congregations and to do all by their advice as Iosephus Antiq. Iud. lib. 4. cap. 8. 2. Sam. 18. 3 4. Jer. 38. 45. 1. Chron. 13. 1. to 6. attest will no way advantage our Opposites nor advance the Prerogative of Kings since it extends onely to the King of the Jews that then was who was not simply Supream but a Subject Prince subordinate to the Romane State and Empire and one appointed by a Conquerour not freely chosen and assented to by the people So as all the Argument which can hence be extracted for the absolute Soveraigntie and irresistibility of Kings over their whole Kingdomes and Parliaments is but this The King of the Iews was in Peters time the Supreame Magistrate over that Nation by the Romane Senates and Emperours appointment to whom yet he was subordinate and accountable the Romanes having conquered the Iewes by force and imposing this government upon them without their consents Therefore the Kings of England and all other Kings are absolute Soveraigne Monarches Superiour to their whole Parliaments and Kingdomes collectively considered and may not in point of conscience be forcibly resisted by them though they endeavour to subvert Religion Laws Liberties How little coherence there is in this Argument the silliest childe may at first discern From these Scriptures I descend to Reasons deduced from them against resistance which I shall contract into three ArgumentS The first is this Kings are the Fathers Heads Lords Shepherds of the Common-wealth Ergo They ought not to be resisted in any their exorbitant proceedings it being unlawfull unseemly â—or a Son to resist his Father the Members the Head the Vassals their Lord the Flock their Shepherd To this I answer1 First They are Fathers Shepherds Lords Heads onely in an improper allegoricall not genuine sence therefore nothing can thence be properly inferred They are and ought to be such in respect of their loving and carefull affection towards their Subjects not in regard of their Soveraigne Power over them Therefore when their Tyrannie makes them not such in regard of care and affection to their people their people cease to be such in regard of filiall naturall and sheep-like submission When these Shepherds turn Wolves these Fathers Step-fathers the Subjects as to this cease to be their Sheep their Children in point of Obedience and Submission Secondly If we consider the Common-weal and Kingdom collectively Kings are rather their Kingdoms children then Parents because created by them their publike servants ministers for whose benefit they are imployed and receive wages not their Soveraigne Lords their subordinate Heads to be directed and advised by them not Tyrannically to over-rule them at their pleasure Therefore Paramount and able in such cases to resist them Thirdly Parishioners may no doubt lawfully resist the false Doctrinâ—s and open assâ—ults of their Ministers though they be their Spirituall Shepherds Citizens the violent oppressions of their Maiors though they be their Politique Heads Servants the unjust assâ—ults of their Masters though their lawfull Lords who may not misuse their very Villaines by Law And if Parents will violently assault their naturall children Husbands their Wives Masters their Servants to murther them without cause they may by Law resist repulse them with open force Fourthly A Son who is a Judge may lawfully resist imprison condemne his naturall Father A Servant his Lord A Parishioner his Pastour a Citizen his Major a meer Gentleman the greatest Peer or Lord as experience proves because they do it in another capacity as Judges and Ministers of publike Justice to which all are subject The Parliament then in this sence as they are the representative Body of the Realm not private Subjects and their Armies by their authority may as they are the highest Soveraign Power and Judicature resist the King and his Forces though he be their Father Head Shepherd Lord as they are private men Fifthly This is but the common exploded Argument of the Popish Clergy To prove themselves superiour to Kings and exempt from all secular Iurisdiction because they are spirituall Fathers Pâ—â—stors Heads to Kings who ought to obey not judge and censure them as Archbish. Stratford and others argue But this plea is no ways available to exempt Clergy men from secular Jurisdiction from actuall resistance of parties assaulted nor yet from imprisonment censures and capitall executions by Kings and Civill Magistrates in case of capitall Crimes Therefore by like reason it can not exempt Kings from the resistance censures of their Parliaments Kingdoms in case of tyrannicall invasions We deride this Argument in Papists as absurd as in sufficient to prove the exemption of Clergy men I wonder therefore why it is now urged to as little purpose against resistance of Tyrants and oppressing Kings and
of the Parliament so that their grant and assent iâ— Parliament not the Kings is the onely thing that makes them legall and binding to the subject Now both Houses have granted ordered and assented to this Assessement exceeding not the twentieth part of mens estates and given order for the leavying of it and that for the Parliaments Kingdomes religions necessary defence and preservation Therefore it is obligatory and legall though the King himselfe consent not or disassent thereto especially as the present condition of things stands even by the very letter of these acts Secondly this is apparent by the letter of all our publique Acts for the granting of Subsidies Ayds Tenths Fifteenes Taxes Customes Tonnage Poundage or any such like impositions in and by Parliament either by the Temporalty or Clergy which Acts runne usually in this manner The Commons of this Realme HAVE GRANTED FOR DEFENCE OF THE SAID REALME and especially for the safegard and custody of the Sea a Subsidy a Subsidie called Tonnage c. The Prelates Earles Barons and all the Commons of the Realme willingly and with one assent HAVE GRANTED the ninth Lambe ninth sheafe and ninth fleece c. And of Cities and Burroughs the ninth part of all their goods and chaâ—â—â—ls c. in aide of the good keeping the Realme as well by Land as by Sea c. We your pâ—ore Commons desire your excellent Majesty willingly to accept and receive these OUR POORE GRANTS hereafter following as GRANTED of free hearts and good wils as the first-fruits of our good wils and hearts c. by the advice and Assent of the Lords spirituall and temporall GIVE GRANT for the defence of your realm and the keeping and safegard of the seas c. one Subsidy called Tonnage c. The Prelates and Clergy c. as a speciall and significant testimony of their loyall affection c. with one affection and uniforme consent HAVE GIVEN GRANTED foure whole and intire Subsidies We your Commons assembled in your high Court of Parliament humbly present your Majesty with the FREE CHEERFULL GIFT of two intire Subsidies c. All Subsidies and Taxes then being the free gift of the Commons Clergy and Pâ—eres in Parliament and that onely for the defence of the Kingdome by sea and land it is infallible that they do may and can oblige themselves and those they represent to pay such publike Taxes to this end without the Kings concurrence Thirdly this is cleare by considering that the Commons and Lords in Parliament have alwaies had 1. And absolute right and power to grant or deny Taxes Subsidies aydes and assistance as they saw occassion 2. To proportion the aydes and Subsidies granted 3. To limit the certaine manner waies and times of paying and levying them and the persons who shall either pay assesse collect receive or disburse them 4. The ends and uses to which they should be imployed when leavied debarring the King oft times when they saw cause of any power at all to receive or dispose of them appointing Collectors and Treasurers of their owne to receive and issue them out againe by the advice and directions of these as themselves prescribed for which I shall give you some few instances of note in lieu of many more that might be remembred Anno 1237. being the 21 yeere of Henry the third The Parliament after many contestations with the King for his fraud oppressions favouring of Aliens c. to the Kingdomes detriment the King by Oath prâ—mâ—sing amendment granted unto him the thirtieth part of all their moveables excepting ready Money Horse and Armour to be imployed for the Common wealth and benefit of the Realme with this condition often annexed that the King should leave the Counsell of Aliens and onely use that of his naturall Subjects And for more security it was ordained that foure Knights of every Shiere and one Clerke of the Kings in every severall Shiere shall upon their oâ—thes collect receive and deliver the said Subsidy either into some Abbey or Castle to be safely reserved there and disposed of for the benefit of the King and Kingdome by the view and counsell of the Earle Warren or others when there should be need Or otherwise if the King fâ—iled in performance of His promises and grants it ought to be faithfully restored and distributed to the Country whence it was collected In the 11. yeere of King Edward the 2. Anno 1318. The Parliament not daring to trust this prodigall mis-counselled King with moneys instead of Subsides granted him an aide of armed men against the Scots London set forth 200. Canturbury 40. Saint Albanes 10. and so all other Burroughs and Cities according to their proportion whereby a great Army was leavied The Parliaments of 14 E. 3. c. 20. 21. Stat. 1. Stat. 2. c. 1. 18. E. 3. Parliament 2 3. forecited at large part 2. p. 8. 9. 31 H. 6. Num. 41. 21 Iac. c. 33. particularly direct how the Subsidies granted shall be disposed of by certaine Nobles and others whom they nominate and appoint Treasurers to receive and issue them to the ends for which they granted them prescribing them an oath to issue none of them to other purposes or in any other maner then they prescribed Yea the Acts of former Parliaments and this present concerning Tonnage Poundage Polemoney and Subsidies frequently do the like Therefore the granting and disposing of those Taxes Aydes Subsidies rests wholly in the Commons and Lords and no waies on the King who commonly desires the Parliament to great them Fourthly this is further evidenced by the Kings usuall answer and assent unto such Bills as these Le Roy remercy ses Loaulx Subjects accept LOUR BENEVOLENCE auxy le vâ—ult taking it wholly as a free grant from them which assent in this case is rather formall then substantiall it being the Commons and Lords owne consent only to Bils of this nature not the Kings that make the Taxes and Impositions binding as the forecited Statutes the Petition of Right 3 Caroli Fortescue and our Lawbookes resolve and I have elsewhere manifested more at large Therefore the want of the Kings assent or disassent to the Parliaments present assâ—ssement for the Kingdomes necessary defence in the present extremity when the King not onely wilfully absents himselfe from but hath raised Armes against the Parliament is not materiall nor simply necessary in point of Law though usually requisite and necessary for formality sake at other seasons to compleat such Acts since Sepenumero Necessitas vincit legem quod necessarium est liciâ—um est as this assessement now is though all formalities be not punctually observed as is resolved in Dormers case Cooke l. 5. f. 40. b. Fiftly it is undeniable that the Knights Citizens Burgesses and Commons in Parliament elected by the suffrages of the severall Counties Cities and Burroughs of England do really and legally represent all the
Kingdom Subjects both by Sea and Land and putting them out of His regall Protection His raising of an Aâ—my of English Irish Scottish French and Germane Papists to maintain and settle the Protestant Religion among us which they have plotted totally to extirpat as appears by their proceedings in Ireland England and the late plot discovered among the Archbishops Papers and the like are warranted which questions I doubt would put them to a non-plus and silence them for eternitie yet to satisfie their importunitie and stop their clamorous mouthes I shall furnish them in brief with some Presidents in point in all States and Kingdoms of note informer in latter times and in our own Realm too In all the civill warres between Kings and Subjects in the Romane and Germane Empires France Spain Aragon Castile Hungary Bohemia Poland Denmark Scotland and other Kingdoms mentioned in the Appendix They shall finde that the generall Assemblies of these States Lords Commons without their Emperors or Kings assents did both raise Forces impose Taxes yea and seise on the Imperiall and Royall Revenues of the Crown to support their wars against their Tyrannicall oppressing Princes In Flaunders heretofore and the Low-Countries of Late yeers thâ—y have constantly done the like as their Excises long since imposed and yet on foot by common consent without the King of the Spains good liking to preserve their Liberties Religion Estates from the Spanish Tyranny witnesse which every one willingly at the very first imposition and ever since hath readily submitted to being for the publike preservation The like hath been done in former ages and within these five yeers in the Realm of Scotland the same is now practised even without a Parliament by the Popish Rebels both in Ireland and England who have laid Taxes upon all Ireland and all the Romanists in England for the maintenance of this present Rebellion and yet neither King nor his Counsell nor Royallists nor Malignants for ought I can read or hear have ever so much as once written or spoken one syllable against it when as many large Declarations Proclamations Inhibitions in His Majestieâ—s Name and at least fortie severall Pamphlets have been published by Malignants against this Assessement of the Parliament and the Levying or paying thereof strictly prohibited under pain of high Treason such a grand difference is there now put by the Royall Court-partie to the amazement of all intelligent men between the Irish Rebels now the Kings best Subjects as it seems who may do what they please without censure or restraint and the English now un-Parliamented Parliament though perpetuated by an Act of Parliament who may do nothing for their own or the Kingdoms safety but it must be high Treason at the least O temporâ ô mores Quis talia fando tempâ—ret a lachrymis Adde to this That the Lords Iustices and Councell in Ireland the twenty nine of Iune 1643 have without authoritiâ— of Parliament or King for their present necessary defence against the Popish Rebels there imposed an Excise upon most commodities in that Realm here lately Printed which no man can deem Illegall in this case of absolute necessitie But to come close home unto our selves who is there that knows ought in historie and policie but must needs acknowledgâ— That the Brittains and Saxons warres of this Realm against their oppressing Kings Archigallo Emerian Vortigâ—rne Sigebert Osred Ethelred Bâ—ornard Leowâ—lfe Edwine whom thâ—y deposed for their Tyranny and mis-Government That our Barons long-lasting bloody warres against King Iohn Henry the third Edward the second Richard the second and others fore-mentioned were maintained by publike Assessements and Contributions made by common consent even without a Parliament and with the Revenues and Rents of the very Crown which they seised on as well as the Castles and Forts This being a true rule in Law Qui sintit commodum sentirâ— debet onus All the Kingdom had the benefit of regaining preserving establishing their Fundamentall Charters Laws Liberties by those warres therefore they deemed it just that all should bear a share in the charge and burthen by voluntary Assessements without King or Parliament During the absence of King Edward the third in France The Lords and Commons in Parliament for the defence of the Realm by Sea and Land against forraign Enemiâ—s granted an ayde of the ninth Sheaf Lamb and Fleece besides many thousand Sacks of Wâ—oll and the ninth part of other mens Estates in Towns and Corporations and disposed both of the Money and Militia of the Realm for its defence as you heard before The like did they during the Minorities of King Henry the third King Richard the second and King Henry the sixth as the premises evidence without those Kings personall assents Anno Dom. 1259. Richard King of Romans coming with a great Navy and Army of Germans and forraigners to ayd his Brother King Henry the third against the Barons thereupon the Barons sent out a â—leet to encounter them by Sea and prepared a strong Army of Horse and Foot by Land that if they prevailed against them at Sea which they fearâ—d not yet they might valiantly and constantly entertain and repulse them on the shore and dry Land which the King of Romans being informed off disbanded his forces and came over privatâ—ly with three Knights onely attending him This was done without the Kings assent and yet at publike charge When King Richard the first was taken prisoner by the Emperour in his return from the holy Land by Authority of the Kings Mother and the Kings Iustices alone without a Parliament it was decreed that the fourth part of all that yeers Rents and of all the moveables as well of the Clergy as of the Laity and all the Wooâ—â—des of the Abbots of the Order of the Cistersians and of Semphringham and all the Gold and Silvâ—r Chalices and Treasure of all Churches should be paid in toward the freeing and ransome of the King which was done accordingly If such a taxe might be imposed by the Queen Mother and Justices onely without a Parliament for ransoming the King alone from imprisonment may not a taxe of the twentieth part onely of mens estates be much more justly imposed on the Subjects by an Ordinance of both Houses in Parliament without the King for the defence and perservation both of the Parliament and Kingdom to when hostily invaded by the King In few words the King and his Councell yea his very Commanders without his speciall Commission or advice have in many Countries imposed large monethly weekly Contributions and Assessements on the People beyond their abilities and estates yea upon the very Speaker and Members of the Commons and Lords House notwithstanding their Priviledges of Parliament which they say they will maintain to the utter impoverishing and ruining of the Country yea they have burned sacked plundered many whole Towns Cities Counties and spoiled thousands of all they have contrary to their very
they thought themselves most safe and that on the Lords owne sacred day a very unsutable time for such a bloody prophane infernall sacrifice No sooner was this mâ—tchlesse treachery of this king against his owne naturall subjects executed but he avowes and justifies that which he but the day before so solemnly and openly disclaimed as a meanes to cut off all commotions for time to come But this blood-shed begat new warres and made the Protestants in Languedoc Rochell and other parts to take up Armes in their owne defence and stand more strictly on their guard than ever before And God himselfe out of his Divine justice after this horrible Butchery committed by this dissembling cruell blasphemous King smote him with an answerable disease causing him to wallow in his owne blood which he pitifully vomited out in great abundance by all the conduits of his body for divâ—rs houres till he dyed A just judgement for him that barbarously shed blood thorowout all the Provinces of the Realme he in the mean time tossing in his bed and casting out many horrible blasphemies A notable spectacle for all unnaturall fidifragous Princes to looke on who imbrue their hands in the blood of their Christian subjects VVhich crime as the Authour of the French History observes made his reigne cursed in the City and cursed in the field cursed in the beginning and cursed in the ending mortalitie sword famine cursing feare and desolation following it even unto the end I shall conclude his reigne with the words of the French History Doubtlesse God loves not the Prince that thirsts after his subjects blood for the subjects blood is the very blood of their Prince Charles dying without Heire of his body the Crowne descended to his Brother Henry the third then king of Poland Anno 1574. his first designe was to extirpate the Huguenots and Protestant Religion thorowout the Realme though the Emperour Maximilian told him There is no sinne so great as to force mens consciences and such as think to command them supposing to win heaven doe often lose that which they possesse on earth His pernicious Cabinet Councellors to effect this designe cause him first to protest by sundry Proclamations his love to the good of his subjects and to abolish what was past so as they lay aside armes deâ—iver him all his Townes and live quietly in their houses without any search constraint or molestation for matter of conscience A policie practised onely to bring the Protestant party into slavery all those Proclamations making no mention of liberty of their Religion neither of a Parliament for the publike Government nor of a nationall Councell for matters of Conscience hereupon the Protestants stood the more upon their guards they are full of jealousie distrust doubt feare the King and his Popish Councell indeavouring by this wile to keepe the Protestant party at a gaze whiles they in the meane time made great preparations underhand to put aâ—mighty army into the field to ruine them without hope of rising So they arme on all sides especially in Poictoâ— the Protestants are besieged assaulted in many places and so manfully repulse their assailants that they are willing to hearken to a Treaty of peace wherein the Protestants demanding free exercise of their Religion thorowout all France new Chambers in the Parliament for the execution of justice punishment of the murtherers of them ease of imposts a free assembly of the generall Estates and an assurance for the entertainment of the pretended peace The King after fifteene dayes conference promiseth to content them all but he will have them to referre these demands to his will and so the Treaty vanished into smoake and new warres sprung up in every place with new Court-designes to undermine and circumvent the Protestants who are aided by a German Army Anno 1576. The Queen Mother seeing the Protestant party prosper in their warres makes a peace betweene the King and them who grants the Protestants all their former demands restores divers of them to their goods offices honours avows by a solemne Declaration the Massacres of them Anno 1572. to have beene committed against all right and law of Armes He ordained that the Children of such Gentlemen as had beene murthered should be restored to their parents goods and freed from all charges of warre yea he avowed their taking up of Armes as taken for his service c. Which Articles with the Kings Edict thereon were allowed by the Parliament at Paris But no sooner were their Forces disbanded but they began to finde this peace to be counterfeit being onely made to dis-arme them and divide their Commanders none of the premises being really performed In the mean time the house of Guise and their faction send their Agents to Rome and Spaine to joyne with them in a Catholike league and under pretence of extirpating Heresie and establishing the Roman religion thorowout France endeavour to settle the Crowne upon themselves their chiefe designes were to overthrow the succâ—ssion of the Crowne brought in by Hugh Capet in the full assembly of the Estates and to make the naming of a Successor subject unto the said Estates to cause the Princes of the blood that should oppose against the Decrees of the Estates to be declared uncapable of succeeding unto the Crown to make the Estates protest to live and die in the faith set downe by the Councell of Trent to cause it to be signed in the open Parliament to revoke and anull all publike Edicts in favour of the Protestants and their associates and to pursue them to the death that should hinder the extirpation of Heresies c. These Articles of Association were first drawne at Peronne in Picardy but disguised with goodly shewes to blinde those that would examine them more exactly as being onely to maintaine the Law and restore the holy service of God to preserve the King and his Successors in the estate dignitie service and obedience due unto them by their subjects to reserve unto the Estates of the Realme their rights preheminences and ancient liberties And for the execution of these Articles a certaine forme of Oath was propounded inflicting pains of eternall damnation to the associates that for any pretext whatsoever should withdraw themselves from this league and a Bond for such as should be enrolled or imploy their goods persons and lives to punish and by all meanes to ruine the enemies and perturbers thereof and them that should faile or make any delayes by authorities of the Head as he should thinke fit Soone after a Parliament of the three Estates is assembled at Bloyes where the Catholike Leaguers after much consultation caused the last Edict of pacification in behalfe of the Protestants to be revoked and procured an Edict for the exercise onely of one Religion to wit the Popish to be tolerated within the Realme The King of Navarre the Prince of Conde the Marshall of Montmorancy with divers other Noblemen of both religions foreseeing these practices
and refusing to assist at this pretended Parliament concluded a nullitie 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 just defence 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 solicited the abolition of the Edict to the ruine and subversion of the Realme 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 will never give his consent to the counsels of the Authors of so many confusions which he foresees 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 〈◊〉 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 Heretikes 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 excomunicate 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 summon 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 Herelike as they deemed him from the Crowne of France to which he was next Heire An Heretike cannot reigne in France it is an incompatible thing with the Coronation and Oath which he ought to take hurtfull to the honour of God and prejudiciall to the good of the Realme Then they declare the King an enemy to and oppressor of his people a Tyrant over his Realme that so the people should presently resolve to confine him unto a Monastery and install the Duke in his throne And at last the King being certainly informed of the Dukes traiterous designes to surpize him and usurpe his Throne caused the Duke and Cardinall of Burbon the chiefe Heads of the League to be suddenly slaine and others of them to be imprisoned Hereuppon the Parisiens mutinie and take up Armes afresh The Colledge of Sorbone concluded by a publike Act of the seventh of Ianuary 1589. That the people of France are freed from the Oath of obedience and fealty which they owed to Henry of Valoys and that lawfully and with a good conscience they may arme against him receive his Revenues and imploy it to make warre against him After which the Assembly of the Estates dissolving the Parisiens imprison the Court of Parliament at Paris till they condescended to their pleasures and confirmed a generall Councell of the union consisting of fourty choice men of the three Estates to dispose of the publike affaires and
next right heires of the Royall Stock for all which particulars he gives sundry instances in the Kingdomes of Spaine as in Berengaria Blanch the Mother of Lewes of France Ferdinand Sancho the younger sonne of Alfonso Henry the Bastard Iohn King of Portugall Fardinand and Iohn the 2. of Aragon c. corluding That if the King degenerate into a Tirant by subverting Religion Lawes Liberties oppressing murthering or deflowring his subjects the whole Kingdome may not onely question admonish and reprehend him but in case he prove incorrigible after admonition deprive him and substitute another in his place which saith he hath been done more then once in Spain Thus King Peter was publikely rejected for his cruelty to his subjects and Henry his Brother though of an unclean Mother obtained the Crowne so Henry his Nephewes Nephew for his slothfulnesse and evill manners was deposed by the Nobles suffrages and Alphanso his Brother though but a yong child proclaimed King After his death Elizabeth Henry his sister had the chiefe government of the Realmâ— leaving Henry And for a conclusion he addes That such a Tyrannicall King continuing incorrigible after publike admonitions of the whole State if there be no hopes of amendnent may not onely be deposed but put to death and murthered by the whole State or any particular persons by their appointment yea without it a note somewhat above Ela if he be declared a publike enemy by the whole state and in case the whole states cannot publikely assemble by reason of such a Princes knowne notorious tyranny he writes That then in such a case it is lawfull for any private man to murther him to free the Countrey and Kingdome from destruction Adding that it is a wholsome meditation for Princes to be perswaded that if they oppresse the Common-wealth if they become intollerable thorow vices and filthinesse that they live in such a condition that they may not onely be slaine of right but with laud and glory Peradventure this feare will retard some Princes that they give not themselves wholly to be corrupted with vices flatterers and cast bridles upon their fury That which is the chiefe let the Prince bee perswaded that the authority of the whole Common-wealth is greater then his being but one neither let him beleeve the worst of men affirming the contrary for to gratifie him which is very pernicious All these positions of Mariana however other Kings and Kingdomes may relish them especially the last touching private Subjects which few can approve the Parliaments of France doing publike execution on this Book as they had just cause for extolling and justifying the barbaroâ—s murther of their King Henry the 3. by James Clement a Dominican Frier l. 1. c. 6. p. 51. to 57. and justifying the Guises Rebellion are yet authorized as Catholike and Orthodox by the most Catholike King of Spaine and the Emperour of Germany in whose Kingdomes they passe for currant coyne the most dangerous of them being seconded not onely by Hieronymus Blanca in his Aragonensium Rerum Commentariis Iohannis Pistorius Hispaniae Illustratae c. and other Spanish Historians collected by him but likewise by Alvarius Pelagius Cardinall Tolet Capistranus Dominicus Bannes Franciscus Victoria Simancha Patensis Gregory de Valentia Suarez the Doctors of Salamancha Becanus Bellarmine with other Spanish Iesuites Writers who most hereâ—ically affirme That even the Pope alone either with or without a Councâ—ll for heresie as they deem it and obstinacy against the See of Rome may excommunicate censure despose kill or murther any Christian Princes depose them from their thrones dispose of their Crownes to others at their pleasures absolve their subjects wholly from their allegeance and give subjects power to rise up in armes against and murther them by open force or secret treachery which Bishop Bilson truly affirmes to be farre more dangerous and derogatory to Princes then to attribute such a power not to any particular persons but to their own whole Kingdomes and Parliaments onely who being many in number of the same Nation and Religion with and having many dependances on and many engagements by oath duty favours benefits to their Princes lesse malice against them judging onely according to the fundamentall Lawes of the Realme and former presidents of their Anâ—cestors and aiming at nothing but their Kingdomes saâ—ety are like to be more just indifferent Iudges of their Princes actions when questioned then the Pope a meer enemy and forraigner who proceeds by no other authority but what he hath unjustly usurped from Kings and by no other rules but his owne will pride malice honour or profit I have thus given you an account of the Kings of Spaines subordination to their whole kingdomes and Lawes in point of Thesis and positive Doctrine approved by themselves professed by their eminentest Wriâ—ers I shall now procced to Historicall examples to confirme it in point of practise Ordogno the 14. king of Castile summoned 4. Earles of Castile to appeare before him who refused to goe to the warres against the Saracens promising them safe conduct notwithstanding he commanded them to be apprehended imprisoned and slâ—in for whâ—ch bloody Treachery those of Castile rebelled against him rejecting his government and providing for the â—afety of them and theirs Duos Milites non de potentioribus sed de prudentioribus eligerunt quos Indices statuerunt c. They elected two prudent Knights of their owne to be their Magistrates and Iudges to governe them to manage their warres and administer justice to them the one was named Flâ—vius Calvus the other Nunius surnamed de Rasura whose Son Gâ—ndesalvus after his Fathers death was substituted in his place made Generall of the Militia Principatum Militiae addiderunt and his son after him tam à Magnatibus Militibus quam AB VNIVERSIS POPVLIS CASTE LANIS made Earle of Castile and all submitted themselves to his government rejecting the Dominion both of Ordogno and his brother King Froila after him for their tyranny and treachery Alphonso the great King of Gallecia about the yeere of Christ 918. imprisoning his eldest sonne Garsias laying him in irons and exercising other cruelâ—ies was by the practise of his owne Queen Semena and his other sonnes and Nobles so prosecuted and put to such streights that they enforced him to resigâ— his Crown to his sonne Garcias and to deprive him â—elfe of his gâ—uernment in the presence of his sons and the grandees of his Realm after which he requested his sonne to râ—ise and grant him an Army to goe against the Sâ—razens who condescending thereto hee gained a glorious Victory ouâ—r them and so dyed Alphonso sonne of Ordâ—gno King of Castile after 5. yeers reigne out of levity rather then Religion resigned his Crown to Ramire his younger Brother and then turnd Monk about the yeer 939 but not long after casting off his Coul leaving his Monastery he â—egan to â—aise forces and to aspire to the Crown again which he
worthy both in respect of his Pedigree and manners should be promoted to the Throne of the Kingdome nor no man attempt the Princes destruction life or usurp his Crowne tyrannically under pain of being smitten with a perpetuall Anathema and eternall condemnation for breach of any the premises These Councels as Mariana observes were in truth Generall Assemblies of the Estates where they handled not only matters of Religion but likewise of the Common-weale by common consent of all Bamba the 26. king of the Goths after Lewes de Mayâ—rn Turquets computation which I follow but 32. after Roderick Sancho was elected king by the Goths as he was plowing with his Oxen in the field being a plain countrey man Some say that he would never have received this honour and charge but by constraint and that refusing it absolutâ—ly a Noble man of the Goths drew his sword and threatned to kill him if he did not yeeld to the Gothes intreatâ—es and that his Goad wherewith he drove his Oxen did suddenly in his hand bring forth leaves fruit and roots whereupon he took this dignity upon him more for fear than for any desire to reign Anno 672. After which Eruinge ambitious of command poisoned king Bamba so as he became madde for curing whereof many naturall and superstitious medicines were applyed but to small effect so as Bamba coming a little to himself again and finding his disabilitie to govern willingly quit the Crown and retired himselfe into a Monastery at Pampliga where he lived seven years and one moneth and Eruinge was chosen king in his plâ—ce whose Election was confirmed and allowed lawfull in the 12 Councill of Toledo Can. 1. as Elected thereto by God and ALL THE PEOPLES DESIRES whom this Councell absolved from their Oath of allegiance formerly made to King Bamba whiles he held the Kingdom In the thirteenth Councell of Toledo under this King Eruinge Anno 684. it was decreed That neither the King nor any other should marry the Widow of the deceased King upon pain of excommunication and to be damned to Hell fire Vitiza the nine and twentieth King of the Gothes at his first coming to the Crown shewed himself milde liberall and religious but soon after became the infaâ—my and dishonour of Kings being full of all excesse of Iust impiety hypoerisie and dissimulation and exceeding in all vices without shame he filled his Palace with many Wives which he married and Concubines too he publikely allowed to all men Nobles Commons Priests and Clergy to marry as many wives and keep as many Wâ—ores as they pleased he used greaâ— crueltie to many flattered the Clergy left by their censures they should draw the people from obeying so filthy and unchaste a king To prevent all rebellions under the colour of peace which Spain did then injoy he caused all the Towns of Spain to be dismantled except Leon Toledo and Asturica he disarmed the people disanulled all the immunities of the Church he recalled the banished the Jews and granted them great priviledges he advanced a most â—icked wretch to great honours execrable to all the people that so he might not say himself was the worst of men Finally as a presage of his future miseries he shewed in all sorts of excesse and violence contrary to the Laws of God and men what Princes ill instructed and ignorant of true pietie could do A Buffone asking him meâ—rily Why do you being a King the son of a King do thus you may lose your Kingdom Hereplyed like another Dionysius My Father left me his kingdoms not fortune In fine Rodorick with the ayd of the Gothes Nobility and of the Romanes chased this in famous Monster out of the Throne which he unworthily held defeated and took him prisoner in a set battell put out his eyes as he had put out others confined him to Cordova where he spent his dayes in misery without Title or honour and by suffrages of the people Rodorick obtained the Crown who soone after exceeded Vitiza in all manner of vices cruelty and tyrannie and ravished the daughter of Iulian Earl of Cava whiles he was in embassage in Affrick for the affairs of the kingdom Who to revenge this indignity and cast out this wicked Monster Anno 713. called the Mores into Spain who over-ran and conquered the Kingdom destroyed Rodorick and put a Period to the Gothes kingdom in Spain Thus Tyrannicall vitious Princes ruine at last both themselves and their Realms Among the Lawes of the Wisigothes Lib. 2. c. 2. 6. I finde not onely an Act declaring their Kings to be subject to their Lawes as well as subjects but likewise a Law restraining their Kings excesses and dis-inabling them to alien their Crown lands or revenues to their own Children or others but onely the Lands which themselves shall purchase which was likewise decreed in the eighth Councill of Tolede under king Recesuinthus wherein there was this complaint made Quosdam conspeximus Reges postquam fuerint regni gloriam assequuti extenuatis viribus populorum rei propriae congerere lucrum obliti quod reges sunt vocati defensionem in vastationem convertunt qui vastationem defensione pellere debuerunt illud gravius innectentes quâ—d ea quae videntur acquirere non regni depistant honori vel gloriae sed it a malunt in suo jure consundi ut veluti ex debito descernant haec in liberourm posteritatem transmitti Resolving that non personae sed potentiae haec subdi debere non habenda parentali successione sed possidendaregali congressione regem terrenum jura faciunt non persona c. I likewise finde another Law nullifying all unjust judgements and sentences given by Iudges through fear or command of the King And another Law giving the King power over all offendors against himself but denying him power to pardon any Delinquents against the Nation or Countrey All which considered prove the whole State Kingdom and Councels among the Spanish Gothes to be above their kings who were lyable to their restraints excommunications Laws Censures Depositions for their male-administrations vicious lives and not successive but elected by them Pelagius the first king of Oviedo â—as elected king and that kingdom erected by the generall consent of the people oppressed by the Moors about the year 618. during whose reign there were severall Vice-royes of the Moors in Spain as Alcazazin and â—bâ—atan and others His sonne king Fasila was slain by a Bear which he pursued in the mountains I doubt his Subjects would have resisted him as well as the Bear had the made war upon them Froilâ— the fourth king of Ovedo treacherously slew his own brother Vtmaran a gallant Knight generally beloved out of jealousie lest he should usurpe the Crown in revenge of whose death he was soon after slain by his own brother Aâ—relius Anno 767. who succeeded Froila in the Realm notwithstanding he left a son called D Alphonso the chaste but the hatred that the Noblemen did bear unto his
gave them only a revocable power which the premised Histories experimentally evidence such likewise were the Kings of the Vandales removable at the peoples pleasure as Procopius writes such the Kings of the Heruli Quadi Iazyges Lombardes Burgundians Moldavians Africans the l Moores in Spaine the two annuall Kings of Carthage the antient Germane Kings the Kings of Sparta and most other Kings of Greece as Historians and Authors of best credite relate Secondly for the Kings of Arragon and originall constitution of the Kingdom I find this memorable passage in Hieronymus Blanca his Rerum Arragonenfium Commentarius pag. 586. 587. 590. 72â— 724. in the third Tom. of Ioannis Pistorius his Hispaniae illustratae Sancho the fourth King of Arragon dying without issue the Estates and people advising together what course they should take for their security and future good administration of the Common-weale about the year of our Lord 842. elected twelve principall men to whom they committed the care and government of the Republike during the Inter-regnum These because they were very ancient men were called Elders from whence those who by birth are stiled Rici-men drew their originall And this manner of governing the Common-wealth continued long But the great incursions of the Arabians pressing them they imagined it would not continue firme and stable Yet notwithstanding taken with the sweetnesse of Liberty they feared to subject themselves to the Empire of one man because verily they beleeved that servitude would proceed from thence Therefore having considered and rightly pondered all things and reasons they made this the result of all their Counsels that they should consult with Pope Adrian the second and the Lombards what course they should take by their advise which should be most meet for the perpetuating of the Empire to whom as reports goe they returned this answer That preordaining certaine Rights and Lawes retified with the previous religion of a cautionary oath they should set up one King over them but yet should reject a forraign Dominion and that they should take heed that he whom they adopted to be King should be neither of the superiours nor inferiours left if superiour he should oppresse inferiours or lest if inferiour hee should be derided by superiours To which counsell and sentence they submitting founded that ancient Suprarbian Court For according to the answer given all decreed That they ought to elect one man excelling in vertue for their King But yet lest the pleasures of Kings like as in other Princes should likewise even among us become Lawes they first of all enacted some Lawes by which they might heale this inconvenience These Lawes they afterward called the Suprarbian Court which we should largely prosecute but through the injury of time the knowledge of them is buried and some fragments of them only are extant observed by Prince Charles himselfe and some other Writers which we shall verily remember because they are as the first elements of our Republike and containe in them the institution of the Magistrate of the Iustice of Arragon which is the chiefe thing of our institution therefore in the beginning of that Court it was provided that the King which should be since the Kingdom lately taken from the Moores was freely and voluntarily conferred on him should be bound both by the Religion of an Oath as likewise by the force and power of Lawes to observe the Lawes and Liberties of the Kingdom Now the Lawes were these Governe thou the Kingdome in peace and righteousnesse and give us better Courts of justice The things which shall bee gained from the Moores let them be devided not only between the Rich-men but likewise between the souldiers and infantry but let a stranger receive nothing from thence Let it bee unlawfull or a wicked act for the King to enact Lawes unlesse it be by the advice of his Subjects first given Let the King beware that he begin no Warre that he enter into no Peace conclude no Tâ—uce or handle any other thing of great moment without the concurring assent of the Elders Now lest that our Lawes or Liberties should suffer any detriment Let there be a certain middle Iudge at hand to whom it may be lawfull to appeal from the King if he shall wrong any one and who may repell injuries if peradventure he shall offer any to the Common-weale With these Lawes therefore and sanctions those our Ancestors confirmed the enterprise of new moulding and reforming the Common-wealth But verily this was the chiefest garison for to retaine their liberty whereby they ordained the Presidentship of a middle Iudge placing the power in such sort in the King that the temperating of it should be in the middle Iudge out of which things the moderate and musicall state of the Common-weale which we enjoy is moulded and made up For from the very beginning of things even to these later times wee see by force of this intermediate Magistrate and by the goodnesse and clemency of most peaceable Kings that both our pristine liberty and ancient Priviledge hath been alwayes retained and due loyalty and reverence to the Kings Majesty observed Neither hath the Kingdome onely emplored the help of this Magistrate against Kings but the Kings themselves oft-times against the Kingdome by which meanes many intestine evils have been appeased without any tumult which unlesse they had been civilly suppressed seemed verily to have been likely to have broken out to the common destruction of all men so as we may rightly affirm that in this alone the summe of preserving civill concord both to Kings and the Kingdome hath consisted This Magistrate was at first called THE IUSTICE MAIOR afterwards assuming the name of the Kingdome it selfe it was called THE IUSTICE OF ARAGON By these formentioned prescribed Lawes the will of him who desired to be King of Aragon was wholy to bee directed and formed and unlesse he would first suffer his faith to bee obliged in most strick bonds for keeping of them any future soliciting was to be preposterous Having therefore laid the foundations of their Countreys liberty all of them began to dispute among themselves about electing a King to which end they all assembled together at Arahvest to chuse a King where they were suddenly besieged by the Arabians which Iunicus Arista King of the Pompelonians hearing of came with an Army and rescued them whereupon they elected him for their King with unanimous consent and calling him unto them shewed him the Lawes they had pre-established onâ— whereof concerning the middle Magistrate seemed most hard unto him But having more deligently considered the matter and that they voluntarily offered him the Kingdome gained from the enemies Hee not only ratified the Lawes themselves but likewise added this new Law or priviledge to them That if the Kingdome should happen hereafter to bee oppressed by him against the LAWES Iustice or Liberties the Kingdome it selfe should have free liberty to elect another King whether a Christian or an Infidell which
Predecessors Kings Princes or Lords of the Kingdome of Poland and of the great Dukedome of Lithuania especially by Casimâ—r Lewis the great called Loys Vladislaus the first called Iagiello and his brother Withold great Duke of Lithuania Vladislaus the 2. Casimyrth 3. Iohn Albert Alexander Sigismâ—nd the first and 2. Augustus and Henry Kings of Poland and great Dukes of Lathuania or derived and granted from them together with the Lawes enacted and established or offered by all the States during the Interregnum and the pacts and agreements of my Orators made with the States in my name That I will defend and maintaine peace and tranquility between those who differ about Religion neither by any meanes either by Our Iurisdiction or by any authority oâ— Our Officers or states permit any to be troubled or oppressed neither will we our Selfe injure or oppresse any by reason of Religion All things any way whatsoever unlawfully alienated or distracted either by warâ—e or any other meanes from the Kingdome of Poland the great Dukedome and their dominions I will re-unite to the propriety of the said Kingdome of Poland and great Dutchy of Lithuania I wilâ— not diminish the lands of the Kingdome and great Dukedome but defend and enlarge them I will administer justice to all the inhabitants of our Kingdome and execute the publike Laws constituted in all my Dominions without all delaies and prorogations having no respect of any persons whatsoever And if I shall violate my Oath in any thing which God forbid the Inhabitants of my Realme and of all my Dominions of what Nation soever shall not bee bound to yeeld me any Obedience Yea I doe Ipso facto free them from all Faith and Obedience which then owe unto me as King I will demand no absolution from this my Oath of any one neither will I receive any which shall be voluntarily offered So helpe me God To this notable Oath an unanswerable evidence of the States of Polands absolute Soveraignty over their Kings this King within 4. dayes after his Coronation added a confirmation of their Priviledges containing the same heads enlarged with a few more words which he confirmed with his solemne deed and Royall Seal and delivered the same to the Chancellor and Vice-chancellor of the Realme to give out Coppies of them under the great Seale to all the States of the Realm who meeting s afterwards in a Parliaments at Wansauia Anno. 1562 there was much debate about setling of the Premises and nothing concluded Anno 1587 the States of Poland questioned and opposed K. Stephen for violating their Priviledges and those of Riga tooke up armes in defence of them refusing after his death to repaire to the Assembly of the States at Warsauia Anno 1587. vnlesse their Priviledges might be preserved and rectified as you may read at large in Chytrâ—us King Stephen dying the Estates of Poland and Lithuaâ—ia assembled at Warsauia Anno 1587. where they made Lawes for preserving the Peace during the Inter regnum and enacted that no new King should be elected but by the unanimous consent and agreeing Suffrages of all the Estates and that he who shall nourish factions or receive gifts or rewards or use any other practises about the election of a new King should bee reputed an Enemy of his Country After which they proceeding to an Election there were divers competitors named and after many debates One part chose Maximilian Duke of Austria the other Sigismund the King of Swethland his Sonne both of them uppon expresse articles and conditions which they both sealed and swore unto the chiefe whereof were these To preserve all their Rights Lawes Priviledges and Immunities publike or private inviolably To keepe all former Leagues and Truces To bestow no Offices upon strangers nor harbour any about them except some few Private servants but natives onely and to be counselled and advised by them alone To maintain a Navy Garrisons and build divers Castles in the Frontiers at their Owne costs for the Kingdomes preservation To redresse all grievances maintaine the Priviledges Rights and Peace of those who differed in Religion To procure and augment the weale peace Priviledges and safety of the Realme and perform all Articles mentioned in the Oathes of King Henry and Stephen In fine this competition comming to bee determined by the sword Maximillian was taken prisoner by Sigismund and forced to release his right to obtain his liberty And a Decree passed in Parliament That no man hereafter should in the Election of the King of Poland presume to name or recommend any of the house of Austria to the Crown and if any did he should be ipso facto infamous Which decree the Emp. Rodolph desired might be abolished as being a disparagement to that family yet prevailed not After which this King managed all things concerning Warre Peace and the Government of the Realm by advice of his Parliament as Chytraeus at large relates and his Successors to this present have done the like taking the Crown upon such conditions and making such conditionall Oathes at their Coronations as Steven did at his Denmarke For the Kings of Denmarke I have formerly proved That they can make no War Peace Lawes nor lay any impositions on their subjects but by common consent of the Estates in Parliament their Kings being elective by the people and crowned Kings upon such conditions Oaths Articles as their States in whom the Soveraign power resides shall prescribe unto them who as Bodin clearly determines have a lawfull power to question censure and depose them for their Tyrannie and misgovernment they having no greater Authority then the Kings of Bohemia or Poland To run over the Histories of all their ill Kings would be overtedious for which you may peruse Saxogrammaticus others I shall give you a brief how some of their later kings have been handled by their subjects for their Tyranny and misgovernment Not to mention the murthers of Canutus in Iutland in the very Church or of Magnus or Nicholas slain by their subjects King Humblus was deprived of his Crown and king Harold deposed by his subjects for his insolency Suano waxing proud Tyrannous and oppressive to his people became so odious to them that his Nobles adjoyned Canutus and Waldemar to him in the royall government and divided the kingdom between them who thereupon being much displeased slew Canutus and wounded Waldemar being impatient of any Peers in government for which being soon after vaquished by Waldemar hee was beheaded by the people Able slaying and beheading his brother king Ericus and usurping his Crown the people rose up in arms against him took him prisoner and the Peasants in Frisia slew him King Christopher spoâ—ling Waldemar of his Dukedorn of Schleswick thereupon the Earles of Holsatia rose up in armâ—â— against him took him prisoner and detained him so at Hamburgh till he paid a great ransome for his libertie King Ericus was slain by his own servants Anno 1286. king Waldemar was
Priests sometimes in the Kings and Princes They doe too foolishly who here dance in a narrow compasse and suppose that the honour of this name appertaines not but to Kings For what people soever useth its owne Republike and its Lawes Is recte Glorâ—ari de Imperio deque sceptro potest it may rightly boast of Its Empire and Scepter It is recorded that at Ierusalem even at that time when not the Princes but the Elders governed the people in the midst of the great Councell which they called the Sanhedrin there hung a Scepter which thing verily was a certain Ensign of its Majesty which Marcus Tullius in a particular Oration saith Esse magnitudinem quandam Populi in ejus potestate ac jure retinendo quae vertitur in imperio atque omnis populi dignitate Not Kings not Princes but Consuls and the Senate managed the Roman Common-wealth whence this Law of Truce was given to the Aetolians which Livy reports That they should conserve The Majesty of the People of Rome without mal-engin And the very same thing was commanded all free People who by any league but not 〈◊〉 would come into the frindship of the Romanes as Proculus the Lawyer witnesseth in l. 7. F. de Captiu Post. reversis Neither think we it materiall to our purpose of what Nation or Tribe they were who moderated and ruled the Iewish affaires for although the Hasmonaean Lâ—vites held their Kingdome for many yeeres yet the Republike was of the Iewish people That most wise Master Seneca said to Nero Caesar That the Republike was not the Princes or of the Prince But the Prince the Republikes Neither verily was the opinion of Vlpian the Lawyer otherwise for he at last saith that That is Treason which is committed against the Roman People or against their safety l. 1. s. 1. F. ad Legem Iul. Majâ—st Now Vlpian lived in those times when the people had neither command nor suffrages left them but the Emperours held the Empire and Principality and yet he who is wont most accurately to define all things saith That Majesty is of the People From all which it is apparant that not onely in the Roman Empire and other Kingdomes but even among the Iewes themselves the Majesty and Soveraign Power and Scepter resided not in the Kings but in the whole State and People Hence Will. Schickardus in his Ius Regium Hebraeorum Argent 1625. p. 7. determinesthus The state of the Iewish Kingdome was not Monarchicall as our Court Doctors falsely dream but mixt with an Aristocracie for the King without the assent of the Sanhedrin Could determine nothing in great causes They constituted not a King but in it c. attributing the Soveraignest power to the Congregation and Sanhedrin who had power to create elect and in some cases to resist and depose their Kings Hence Huldericus Zuinglius writes expresly That the Kings of the Iewes and others when they dealt perfidiously contrary to the Law of God and the rule of Christ might be lawfully deposed by the People This the example of Saul manifestly teacheth whom God rejected notwithstanding he had first elected him King Yea whiles wicked Princes and Kings were not removed all the people were punished of God as is evident by Ier. 15. 1. to 6. where they were punished with four judgements and plagues for Manassehs sinnes In summe if the Iewes had not permitted their King to be so wicked without punishment they had not beene so grievously punished by God By what means he is to be removed from his Office is easily to conjecture thou maist not slay him nor raise any war or tumult to do it but the thing is to be attempted by other means because God hath called us in peace 1 Cor. 7. If the King be created by common suffrages he may again be deprived by common Votes unlesse they will be punished with him but if he be chosen by the election and consent of a few Princes the people may signifie to them the flagitious life of the King and may tell them that it is by no means to be endured that so they may remove him who have inaugurated him Here now is the difficulty for those that do this the Tyrant will proceed against them according to his lust and slay whom he pleaseth but it is a glorious thing to die for justice and the truth of God and it is better to die for the defence of justice then afterwards to be slain with the wicked by assenting to injustice or by dissembling Those who cannot endure this let them indure a lustfull and insolent Tyrant expecting extream punishment together with him yet the hand of the Lord is stretched out still and threatneth a stroke But when with the consent and suffrage of the whole or certainly of the better part of the multitude a Tyrant is removed Deo â—it auspice it is done by God approbation If the Children of Israel had thus deposed Manasseh they had not been so grievously punished with him So Zuinglius Hence Stephanus Iunius Brutus in his Vindiciae contra Tyrannos in answer to Machiavels Princeps a most accursed mischievous Treatise and justification of the Protestants defensive wars in France to preserve their Religion and Liberties Anno 1589. determines positively That as all the people are Superiour to the King so are those Officers of State and Parliaments who represent them Superiour to Kings collectively considered though every of them apart be inferiour to them In the Kingdom of Israel which by the judgement of all Polititians was best instituted by God there was this order The King had not onely private Officers who looked to his family but the Kingdom likwise had 71 Elders and Captains elected out of all the Tribes who had the care of the Commonweale both in time of peace and war and likewise their Magistrates in every Town who defended their severall Cities as the others did the whole kingdom These when ever they were to deliberate of greatest affairs assembled together neither could any thing be determined without their advice which much concerned the commonwealth Therefore David called these all together when he desired to in vâ—st Solomon in the Kingdom when he desired the policy restored by him should be examined and approved when the Ark was to be reduced c. And because they represented all the people all the people are then said to have assembled together Finally the same rescued Ionathan condemned to death by Sauls sentence from whence it appears that an appeale lay from the King to the people But from the time the Kingdome was divided through the pride of Rehoboam the Synedrin of Ierusalem consisting of 71 men seems to be of that authoritie that they might judge the King in their assembly as well as the King judge them when they were apart The Captain of the House of Iudah was President over this assembly that is some chief man chosen out of the Tribe of Iudah as even the chief
either ground or presidents to warrant what they affirm touching the absolute Soveraignty Monarchy irresistibilitie incorrigibility of the Kings of Iudah and Israel by their whole States Congregations Kingdoms generall assents and utterly takes away those sandy fabulous foundations upon which their impertinent Pamphlets against the Soveraign Power of Parliaments Kingdoms and the illegality of Subjects taking up defensive Arms against Tyrannicall Princes bent to subvert Religion Laws Liberties the Republike are founded which must now needs vanish into nothing before this Catholike irrefragable clear-shining verity abundantly ratifyed by innumerable presidents in all eminent Kingdoms States Nations that either have been in any former ages or are yet extant in the world which must and will infinitely over-sway swallow up the inconsiderable contrary opinions of some few privadoes who either out of flattery hopes of getting or keeping undemerited preferments fear of displeasing greatnesse or inconsiderate following of other reputed learned mens mistakes without due examination of their erronious Tenents have engaged themselves in a Polemicall blinde Combate against these infragable transparent Verities whose defence I have here made good against all their misprisions and bootlesse assaults Having now Historically ran over the most eminent Empires Kingdoms of ancient and present times in a kinde of confused method their copious vastnesse and varietie being so boundlesse and my time to collect them so small that I could hardly marshall them into any comely dâ—stinct Regiments or reduce them to the particular Heads debated in the premises I shall therefore for a conclusion deduce these distinct Conclusions from them to which the substance of all the recited Histories may be aptly reduced and are in truth abundantly confirmed by them beyond all contradiction annexing some new punctuall Authorities of note to ratifie and confirme them First it is undeniably evident from all the premises That all Monarchies Empires Kingdoms Emperours Kings Princes in the world were originally created instituted ordained continued limited and received all their jurisdiction power Authoritie both from by and for the people whose Creatures Ministers Servants they are and ought to be If we survey all the severall Lawfull Monarchies Empires Principalities Emperours and Kings that either have been or yet are extant in the world we finde all sacred and prophane Histories concurre in this that they had their originall erections creations from by and for the People Yea we read the very times when the most Monarchies of note were instituted the Names of those on whom the first Monarchies were conferred by the peoples free election onely yet extant on record in most Histories and withall expresse relations of many different kinds of Kingdoms Kings in respect of succession continuance Power jurisdiction scarce any two kingdoms or their Kings being alike in all things in regard of Prerogatives jurisdictions all Histories Polititians concurring resolving with Peter that Kings are humane Creatures or Ordinances instituted diversified thus by men and the people alone out of Gods generall or speciall providence not one of them all being immediately or directly ordained by God as the onely efficient cause without the free concurrence consent and institution of the people This truth is not onely ratified by Lex Regia whereby the Roman Emperours were created yea invested with all their power registred by Iustus Eccardus de Lege Regia Marius Salamonius de Principatu l. 6. formerly transcribed by Plato Aristotle Xenophon Berosus Polybius Cicero Livy Iustin Plinie Strabo Plutarch Dionysius Hallicarnassaeus Diodorus Siculus Pausanias Solinus Alexander ab Alexandro Hermannus Schedell Herodotus Boëmus Pomponius Mela forecited and generally by all Historians Chronologers Antiquaries Lawyers Politians whatsoever but directly averred and proved by Franciscus Hotomanus a famous Lawyer in his Franco-Gallia c. 1. 6. 10 13. the Author of De Iure Magistratus in subditos Quaest. 5. p. 239. 240 c. Thomas Garzonius Emporij Emporiorum Pars 1. Discursus 1. de Dom. p. 13. Vasquius Controvers Illustrium 12. n. 133. 59. n. 8. 61. n. 22. 80. n. 4. 108. n. 29. 141. n. 2. Covarunius Quaest. Illust. T. 2. 396. n. 2. 4. Hugo Grotius de Iure Belli l. 1. c. 4. sect 7. l. 3. c. 14. sect 11. and elsewhere Marius Salamonius de Principatu Eccardus de lege Regia with others cited by them Hookers Ecclesiasticall Polity l. 1. sect 10. p. 69 70 71. a pregnant place Albericus Gentilis de Iure Belli l. 2. c. 10. 15. Ioannes Marianade Rege Regum Instit. l. 1. c. 1. to 10. Sparsim Iunius Brutus Vindiciae contra Tyrannos Quaest. 3. p. 83. to 94. with whose words I shall close up this observation having elsewhere particularly proved the verity thereof and answered all Obiections against it from misinterpreted Scriptures We say now writes he that the people constitute Kings deliver Kingdoms approve Kings elections with their suffrages which God would have to be thus that so whatsoever authority and power they should have they should next to him referre it to the people and therefore should bestow all their care thoughts industrie for the people profit neither verily should they think themselves advanced above other men for their excellency of nature no otherwise then men are over Heards and Flocks but should remember that being born in the same condition with others they were lifted up from the ground unto that condition by the suffrages as it were by the Shoulders of the people upon whose Shoulders the burthen of the Common-weale should for a great part rest After which he proves by Deut. 17. and divers forecited presidents in Scripture that God gave the Election and Constitution of the kings of Israel to the people and that notwithstanding the succession of the kingdom of Iudah was by God entailed afterwards to the Linage of David yet the Kings thereof actually reigned not before they were ordained by the people Whence we may conclude that the Kingdom of Israel if we respect the stock was certainly hereditary but if we regard the persons altogether elective But to what end was this if the Election appear as it is confessed but that the remembrance of so great a dignitie conferred by the people should make them alwayes mindefull of their duty So likewise among the Heathens we read that Kings were constituted by the people for when they had wars abroad or contention at home some one man of whose fortitude and justice the multitude had a great opinion was by cammon consent assumed for King And among the Medes saith Cicero Deioces was of an Arbitrator made a Iugde of a Iudge created a King and among the Romanes the first Kings were elected Therefore when Romulus being taken away the Inter-regnum of the hundred Senators was displeasing to the Romans they accorded that afwards Kings should be chosen by the Suffrages of the people the Senate approving it And Tarquin the proud was therefore reputed a Tyrant for that being created neither by the people nor
In the first covenant or Pact Pietie comes into the obligation in the second Iustice In that the king promiseth that he will seriously obey God in this that he will justly rule the people in that that he will take care of the glory of God in this of the benefit of the people in that there is this condition If thou shalt observe my Law in this If thou shalt render Iustice to every one Of that if it be not fulfilled God properly is the avenger of this lawfully all the people or the Peers of the Realm who have taken upon them to defend all the people Now in all just Empires this hath been perpetually observed The Persians having duely finished their sacrifices made this agreement with Cyrus Thou first O Cyrus if any make warre with the Persians or violate the Lawes doest thou promise to ayde thy Countrey with all thy might And as soon as he had promised We Persians say they will be aiding to thee if any will not obey thee defending they Countrey Xenophon calls this agreement 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Confederation as Socrates an Oration of the duty of Subjects towards their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Between the kings of Sparta and the Ephori a Covenant was renewed every month and as the kings did swear That they would reign according to the Laws of the Countrey so the Ephori If they did so that they would establish the Kingdom in their hand Likewise in the kingdom of the Romanes Romulus made this contract with the Senate and people That the People should make Lawes that the king himself would keepe the Lawes made That the People should decrée Warre himself wage it And although many Emperours obtained the Empire of the Romans rather by force and ambition then by any right and by the Royall Law as they call it arrogated all kinds of power to themselves yet the* fragments of that Law which are extant as well in Books as in Roman inscriptions sufficiently reach that a power was granted them of caring for and administring not of subverting the Common-weal and oppressing it by tyranny Moreover even good Emperours professed that they were bound by the Lawes and acknowledged their Empire received from the Senate and referred all the weighâ—iest affaires to the Senate and they judged it unlawfull to determine any thing of great publike concernment without their aduice But if wee behold the present Empires there is not one of them which may be thought worthy of that name wherein there is not some such Covenant intervening between the Prince and Subiects In the German Empire not long since the King of Romanes being to be crowned Emperour was wont To make Fealty and Homage to the Empire no otherwise then a vassall or tenant to his Lord when he received investiture of his Lands And although the conceived words to which he sware be a little changed by Popes yet the same thing remains perpetually Therefore we know that Charles the 5. of Austria was created Emperour upon certain Lawes and conditions as likewise others who have succeeded him of which the summe was That he would keep the Lawes enacted That he would make no new Lawes without the Electors consents that he would determine publike affaires in a publike Counsell that he would altenate or pervert none of these things which pertained to the Empire with other things which are severally recited by Historiagraphers And when as the Emperour is crowned at Achen the Archbishop of Colen first demands of him Whether he will not defend the Church administer justice preserve the Empire protect Widowes Orphans and all worthy of pitty which when he hath solemnly sworn to perform before the Altar the Princes and those who represent the Empire are demanded whether they will promise to fealty him Neither yet is he first annointed or receives a sword of purpose to defend the Republike or other Ensignes of the Empire before that he shall have taken that Oath From whence verily it is manifest that the Emperour is purely obliged the Princes of the Empire upon condition onely No man will doubt but that the same is observed in the kingdom of Poland who shall understand the ceremonies very lately observed in the Election and Coronation of Henry of Angiers especially the condition propounded to him of conserving both Religions as well the Evangelicall as Roman which the Nobles thrice demanding of him in set forme of words he thrice promised to perform In the Hungarian Bohemian and other kingdomes which would be over-long to recite the very same is done Neither onely where the right of Election hath continued yet entire hitherto but likewise where meer succession is commonly thought to take place the very same stipulation is wont to intervene When the King of France is crowned the Bishops of Laudune and Belvace ecclesiasticall Peers first demand of all the people that are present Whether they desire and command him to be King Whence even in the very forme it self of inauguration he is said To be elected by the People When the people Seem to have consented he sweares That he will universally defend all the Lawes Priviledges and Rights of France that he will not alienate his demesnes and the like I shall here insert the Oath out of Bochellus Mr. Selden and others intirely thus Archiepiscopt Ammonitio ad Regem dicendo it a in the name of all the Clergy A vob is perdonari petimus ut vnicuique de Nobis Ecclesis nobis Commissis Canonicum privilegium debitam legem atque justitiam conservatis defensionem exhibeatis sicut Rex in Regno suo debet unicuique Episcopo Ecclesiae sibi Commissae Responsio Regis ad Episcopos Promit to vobis perdono quia vnicuique de vobis Ecclesiis vobis commissis Canonicum privilegium debitam legem atque justitiam conservabo defensionem quantum potuero exhibebo Domino adjuanente sicut Rex in suo Regno unicuique Episcopo ecclesiae sibi commissae per rectum exhibere debet Itemâ— haec dicit Rex pâ—omittit firmat juramento Haec populo Christiano mihi jubdito in Christi nomine promitto In primis Vt Ecclesiae Dei omnis Populus Christianus veram pacem nostro arbitrio in omni tempore servet superioritatem jura Nobilitates Coronae Franciae inviolabiliter custodiam ET ILLA NEC TRANSPORT ABO NEC ALIEN ABO Item ut omnes repacitates omnes iniquitates omnibus gradibus interdicam Item ut in omnibus judiciis aequitatem misericordiam praeoipiam ut mihi vobis indulgeat persuam misericordiam clâ—mens misericors Dominus Item de terra mea ac jurisdictione mihi subdita universos Haereticos Ecclesia denotatos pro viribus bona fide exterminare studebo Haec omnia praedicta firmo juramento Tum manum apponat Libro librum osculetur These things though they have been altered and are farre different
King as neither the oversight of the whole Church to the Pope but to every one of the Nobles according to his power But certainly because concord proceeds from unity that there should be no emulation among Peeres a King was instituted who should hold the supreme place in the administration of the Common-wealth The King swears that he will seeke the safety of the Realme the Nobles swear every one the same by himselfe whether therefore the King or most of the Nobles neglecting their oath shal either destroy the Commonweale or desert it being in danger ought the rest therefore to desert the Republike or at least be lesse bound to defend it as if they were absolved from their oath But rather then especially they ought to shew their fidelity when as others neglect it especially since they were principally instituted for that end like the Ephori and every thing may then be reputed just when it attaines its end whether truly if many have promised the same thing is the obligation of the one dissolved by the perjury of the other whether if many be guilty of the same finne are the rest freed by the fraud of one Whether if many Co-gardians ill defend their Pupill shall one good man be lesse bound with the burthen of the wardship through their default But rather neither can they avoyd the infamy of perjury unlesse they endeavour to satisfie their trust as much as in them lieth neither can those exempt themselves from the danger and judgement of a Gardianship ill administred unlesse they implead the other Gardians suspected when as verily one Gardian may not only implead the rest suspected and take care of those to be removed but also remove them Therefore those who have promised their aide and assistance to all the Realme or Empire such as Earles of the stable Marshals Senators and the rest or those who have done it specially to any County or City which may make a part of the Realme as Dukes Marquesses Earles Majors and the rest are bound to aide the whole Common-weale oppressed with tyranny or that part thereof which the people have committed to them next after the King And thesetruly ought to vindicate the whole Commonweale from tyranny if they be able those as Gardians assigned throughout Counties that part of the Realme whose defence they have undertaken These I say are bound to restaine a tyrant those to drive him out of their coasts Therefore Mattathias as one of the Nobles the rest partly conniving partly colluding when Antiochus tyrannically oppressed the Kingdome of Iudah speakes thus to the people ready to take up armes Let us restore the state of our people let us fight for our people and our holy places whence it plainely appeares that we may not onely lawfully fight for Religion but for our Countrey for an hearth I say no lest justly then for our Altars and take up armes against such a tyrant as he was neither are they blamed by any for recovering the Kingdome but that they claimed the royall dignity to themselves which pertained to the Tribe of Iudah Many pertinent examples to this purpose occurre in Historians Arbactus governor of Media slew Sardanapalus spinning among women and spending the royall treasure among whores Vindex President of the French and Galba of the Spaniards revolted from Nero together with all France and Spaine the Senate conniving at his tyranny But especially that Laconick judgement is observable which verily proceeding from that Senate ought to passe into a thing adjudged among all Nations When the Lacedaemonians possessed Byzantium they made Clearches Captaine of the Army Governour of the City who taking corne from the Citizens distributed it to the forraine souldiers but in the meane time the families of the Citizens perished with famine Anâ—xilaus therefore one of the Magistrates of the City moved with that tyranny agreed with Alcibiades about the yeelding up of his Countrey to him and he soone after is received into the City Anexilaus being accused at Sparta for yeelding up of Byzantium pleaded his cause himselfe the Spartanes absolved the man because they said warres were to be waged with enemies not with the nature of things now nothing is more repugnant to nature then if those who are bound to defend a City became more unjust then the enemies Thus the Lacedaemonians determined justly to whom scarce any good Kings will not assent verily those who desire to rule well care not at all what is determined concerning tyrants or what the Nobles or people themselves may doe by Law But we must yet proceed further Every one of the Mariners is bound if the Ship be endangered through the default or negligence of the Ship-master to put to his helping hand every one of the Nobles is bound if the Republike perish by the wickednesse or carelesnesse of the Prince and his Colleagues to helpe it being like to fall and to vindicate the whole Kingdome or at least that part thereof which is committed to him from tyranny But then shall it be lawfull for every ordinary slave to doe the like or peradventure shall it be lawfull to Herdonius Subinus Euno Surianus Spartacus the fencer or I say to any private man to enfranchise servants to stirre up Subjects to armes finally to combate with the Prince if tyranny urge them No verily The republike is not committed to single or private men yea they themselves are committed to the care of the Nobles and Magistrates no otherwise then Pupils Therefore they are not bound to defend the Republike who cannot defend themselves The sword is not committed to every man neither by God nor by the people therefore if they draw the sword without command they are seditious although the cause may seeme to be just Finally private men doe not make the Prince but all Therefore they ought to expect the command of all or of those I say who represent all in a Realme Countrey or City which may make a part of the Realme or at least of one of them before they attempt any thing against the Prince For as a Pupill cannot bring an action without authority of his Tutor although the Pupill be truly a Lord and the Tutor onely is reputed for the Lord as farre forth as appertaines to his tutelary providence So neither may the people doe ought but by the authority of those on whom they have transferred their authority and power whether they be ordinary Magistrates or extraordinarily created in a publike Assembly whom I say they have guirded with the sword for this purpose to whom they have delivered themselves up to be governed and cared for who finally like that Pretor of Rome who judged betweene servants and masters are truly constituted in that place that if any contention arise betweene King and Subjects they may shew themselves Judges and Redressors lest the Subjects themselves should pronounce sentence in their owne cause Therefore if unjust customes or grievous taxes be imposed if things be done