A sober enquiry, whether it be lawful for subjects without royal authority to take up arms in defence of the Protestant religion, to prevent popery
         De Britaine, William.
      
       
         
           1684
        
      
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             A sober enquiry, whether it be lawful for subjects without royal authority to take up arms in defence of the Protestant religion, to prevent popery
             De Britaine, William.
          
           [4], 10 p.
           
             Printed for A. Banks,
             London :
             1684.
          
           
             Includes bibliographical references.
             Signed: Ap William d'Bretaine.
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           Great Britain -- History -- Restoration, 1660-1688.
        
      
    
     
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           A
           Sober
           Enquiry
           ,
           Whether
           it
           be
           Lawful
           for
           SUBJECTS
           WITHOUT
           ROYAL
           AUTHORITY
           To
           take
           up
           ARMS
           IN
           DEFENCE
           OF
           THE
           
             Protestant
             Religion
          
           ,
           To
           Prevent
           POPERY
           .
        
         
           LONDON
           :
           Printed
           for
           
             A.
             Banks
          
           .
           1684.
           
        
      
       
         
         
         
           To
           the
           most
           Noble
           Colonel
           ,
           Colonel
           
             EDWARD
             MANSEL
          
           ,
           one
           of
           the
           worthy
           Members
           of
           the
           most
           Honourable
           and
           Loyal
           SOCIETY
           at
           the
           
             White
             Horse
             Tavern
          
           in
           Fullers-Rents
           near
           Greys-Inn
           .
        
         
           
             SIR
             ,
          
        
         
           AS
           the
           over-flowing
           of
           Nilus
           doth
           continually
           leave
           many
           Seeds
           and
           Spawns
           of
           Monsters
           behind
           it
           ,
           so
           the
           late
           Inundation
           of
           Schism
           in
           this
           Nation
           ,
           hath
           left
           many
           prodigious
           and
           monstrous
           Principles
           with
           us
           ;
           amongst
           the
           rest
           ,
           That
           it
           's
           lawful
           for
           Subjects
           to
           take
           up
           Arms
           against
           their
           Prince
           in
           Defence
           of
           Religion
           ,
           or
           to
           prevent
           Popery
           .
           And
           this
           Doctrine
           I
           must
           tell
           you
           ,
           Sir
           ,
           is
           become
           so
           Epidemical
           ,
           that
           many
           of
           the
           Religionists
           have
           adopted
           it
           into
           the
           Family
           of
           their
           Faith.
           I
           have
           here
           
             in
             transitu
             ,
             tanquam
             Viator
             Hermulas
             ,
          
           made
           some
           Reflections
           upon
           their
           pernicious
           Theorem
           :
           The
           Colours
           ,
           I
           must
           confess
           ,
           are
           laid
           in
           Water
           ,
           but
           some
           better
           Artists
           hereafter
           may
           lay
           them
           in
           Oyl
           .
           Howsoever
           I
           do
           appeal
           to
           your
           Noble
           self
           ,
           whose
           single
           Opinion
           (
           in
           point
           of
           Loyalty
           )
           I
           more
           value
           ,
           than
           the
           Judgment
           of
           the
           most
           advanced
           Heads
           .
           I
           know
           ,
           Sir
           ,
           you
           carry
           an
           Antidote
           in
           your
           Ears
           ,
           and
           a
           Counterpest
           in
           your
           Breast
           ,
           against
           the
           Poison
           and
           Contagion
           of
           these
           Principles
           .
           Your
           innate
           Loyalty
           hath
           taught
           you
           even
           from
           your
           Cradle
           to
           bear
           Arms
           in
           defence
           of
           your
           Prince
           .
           
           I
           am
           sure
           your
           Religion
           (
           which
           you
           profess
           )
           cannot
           suffer
           you
           to
           take
           up
           Arms
           against
           your
           Soveraign
           ;
           the
           first
           hath
           made
           you
           gracious
           to
           your
           Prince
           ,
           the
           other
           Renowned
           to
           all
           Posterity
           .
           ;
           your
           Piety
           hath
           signallized
           your
           Loyalty
           ,
           and
           both
           have
           rendred
           you
           Illustrious
           .
           Sir
           ,
           with
           much
           Humility
           I
           beg
           your
           Pardon
           ,
           and
           do
           rest
        
         
           
             Your
             most
             Faithful
             ,
             most
             Obedient
             Servant
             and
             Countryman
             ,
             Ap
             William
             ,
             d'
             Bretaine
             .
          
        
      
    
     
       
         
         
           
             SIR
             ,
          
        
         
           IN
           Obedience
           to
           your
           Commands
           ,
           I
           have
           read
           ,
           and
           soberly
           considered
           the
           Papers
           ,
           which
           you
           were
           pleased
           to
           send
           unto
           me
           .
           The
           Discourse
           is
           strong
           and
           Masculine
           ;
           but
           I
           must
           beg
           your
           Pardon
           ,
           if
           I
           cannot
           obtain
           so
           much
           favour
           of
           my
           Reason
           as
           to
           agree
           with
           you
           ,
           That
           it
           's
           Lawful
           for
           Subjects
           in
           a
           Monarchical
           State
           ,
           as
           England
           is
           ,
           to
           take
           up
           Arms
           for
           Religion
           ,
           or
           in
           defence
           of
           it
           ,
           without
           warrant
           and
           Authority
           from
           the
           King.
           
        
         
           Sir
           ,
           this
           Assertion
           of
           yours
           is
           so
           horrid
           and
           pernitious
           in
           consequence
           ,
           and
           so
           fatal
           to
           all
           Kings
           and
           Princes
           ,
           and
           to
           Religion
           it self
           ,
           that
           I
           must
           tell
           you
           ,
           it
           's
           ,
        
         
           
             1.
             
             Contrary
             to
             the
             Doctrine
             delivered
             to
             us
             in
             the
             sacred
             Scriptures
             .
          
           
             2.
             
             Contrary
             to
             the
             Laws
             of
             this
             Kingdom
             .
          
           
             3.
             
             Against
             the
             Judgment
             of
             the
             most
             Pious
             and
             Learned
             men
             in
             all
             Ages
             .
          
        
         
           1.
           
           It
           's
           contrary
           to
           the
           Doctrine
           delivered
           in
           the
           Scriptures
           ,
           which
           teach
           us
           ,
           the
           Sword
           belongeth
           only
           to
           the
           King
           ,
           and
           to
           them
           that
           are
           sent
           by
           him
           ,
           Rom.
           13.
           1
           
           
             Pet.
             chap.
          
           6.
           ver
           .
           13
           ,
           14.
           
           
             And
             that
             we
             should
             be
             subject
             ,
             not
             only
             for
             Wrath
             ,
             but
             also
             for
             Conscience-sake
             ,
             because
             the
             Powers
             that
             be
             ,
             are
             ordained
             of
             God
             ;
             whosoever
             therefore
             ,
          
           saith
           St.
           
             Paul
             ,
             resisteth
             the
             Power
             ,
             resisteth
             the
             Ordinance
             of
             God
             ;
             and
             they
             which
             resist
             ,
             shall
             receive
             to
             themselves
             Damnation
             .
          
           In
           the
           words
           of
           St.
           Paul
           there
           is
           a
           remarkable
           Opposition
           between
           Subjection
           and
           Resistance
           ;
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           and
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           implying
           ,
           that
           all
           military
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           whether
           Defensive
           or
           Offensive
           ,
           if
           it
           be
           against
           the
           Superior
           Power
           ,
           which
           
           God
           hath
           set
           over
           us
           ,
           is
           forbidden
           .
           But
           this
           hath
           been
           so
           excellently
           discoursed
           of
           by
           many
           learned
           persons
           ,
           that
           I
           shall
           not
           give
           you
           further
           Trouble
           herein
           ;
           yet
           there
           is
           one
           Objection
           which
           you
           make
           your
           Achilles
           ,
           which
           I
           shall
           endeavour
           to
           answer
           ,
           and
           that
           is
           1
           
             Pet.
             c.
          
           2.
           v.
           13.
           
           
             Submit
             your selves
             unto
             every
             Ordinance
             of
             man
             ,
             whether
             it
             be
             to
             the
             King
             ,
             as
             Supreme
             :
          
           from
           whence
           you
           conclude
           ,
           that
           the
           King
           is
           the
           Ordinance
           of
           man
           ,
           and
           deriveth
           his
           power
           from
           the
           People
           ,
           and
           in
           case
           of
           breach
           of
           Trust
           ,
           its
           lawful
           for
           them
           to
           take
           up
           Arms
           against
           him
           .
        
         
           Ans
           .
           1.
           
           The
           Original
           is
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           ,
           &c.
           
           Submit
           ,
           or
           
             be
             subordinate
             to
             every
             Ordinance
             amongst
             men
             ,
          
           &c.
           
           For
           Ajectives
           in
           (
           
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
             〈◊〉
          
           )
           do
           not
           denote
           efficiency
           in
           the
           Subject
           ,
           but
           its
           passivitive
           ;
           so
           that
           it
           's
           not
           meant
           of
           any
           Ordinance
           created
           by
           man
           ,
           but
           established
           in
           ,
           or
           amongst
           men
           .
        
         
           2.
           
           There
           is
           a
           signal
           Character
           in
           that
           very
           Text
           ,
           that
           keeps
           it
           from
           concluding
           the
           Supreme
           Power
           to
           be
           Originally
           in
           the
           People
           ,
           not
           only
           by
           calling
           the
           King
           Supreme
           ,
           such
           as
           in
           St.
           Pauls
           Divinity
           ,
           Rom.
           13.
           are
           affirmed
           to
           be
           ordained
           of
           God
           ,
           and
           so
           no
           human
           Ordinance
           :
           but
           also
           by
           distinguishing
           the
           Governours
           ,
           v.
           14.
           from
           the
           King
           or
           Supreme
           ,
           v.
           13.
           by
           this
           ,
           that
           the
           Governours
           are
           sent
           by
           
             (
             i.
             e.
          
           have
           Commission
           from
           )
           the
           King
           ;
           which
           might
           in
           the
           like
           manner
           be
           also
           affirmed
           of
           the
           King
           ,
           that
           he
           were
           sent
           by
           the
           people
           ,
           if
           he
           were
           the
           Creature
           or
           Creation
           of
           them
           ,
           but
           is
           not
           so
           much
           as
           intimated
           by
           the
           Apostle
           :
           But
           on
           the
           contrary
           ,
           Supremacy
           affixt
           to
           him
           ,
           and
           Subjection
           to
           be
           paid
           to
           him
           (
           not
           for
           the
           people
           ,
           but
           
             for
             the
             Lords
             sake
          
           )
           as
           Subordination
           to
           ,
           and
           Mission
           from
           the
           King
           ,
           is
           affirmed
           of
           all
           other
           Magistrates
           .
        
         
           3.
           
           It
           's
           contrary
           to
           the
           Laws
           of
           this
           Kingdom
           for
           Subjects
           to
           take
           up
           Arms
           upon
           any
           pretence
           whatsoever
           ,
           without
           Warrant
           and
           Authority
           of
           the
           King.
           
        
         
           1.
           
           Because
           the
           King
           is
           the
           only
           and
           Supreme
           Governour
           in
           all
           Cases
           ,
           1
           
             Eliz.
             c.
          
           1.
           5
           
           
             Eliz.
             c.
          
           1.
           
        
         
           2.
           
           The
           King
           is
           an
           absolute
           Monarch
           ,
           lib.
           5.
           
             de
             Jure
             Regis
             Ecclesiastico
             ,
             Cassannus
             in
             Catal.
             Glor.
             Mundi
             .
          
        
         
         
           3.
           
           The
           Kings
           Crown
           is
           an
           Emperial
           Crown
           ,
           28
           H.
           8.
           c.
           7.
           1
           
           
             Eliz.
             c.
          
           1.
           1
           
           
             Jacob.
             c.
          
           1.
           
        
         
           If
           so
           ,
           then
           the
           Supreme
           Power
           is
           in
           the
           King
           ,
           and
           by
           consequence
           the
           sole
           power
           of
           making
           war
           is
           in
           him
           .
        
         
           In
           the
           Parliament
           7
           E.
           1.
           it
           was
           declared
           by
           the
           Prelates
           ,
           Earls
           ,
           Barons
           ,
           and
           Commonalty
           of
           the
           Realm
           ,
           That
           it
           belongeth
           to
           the
           King
           and
           his
           Royal
           Seignory
           strictly
           to
           defend
           force
           of
           Armour
           ,
           and
           all
           other
           force
           against
           the
           Kings
           Peace
           where
           it
           shall
           please
           him
           ,
           and
           to
           punish
           them
           that
           shall
           do
           contrary
           to
           the
           Law
           and
           Usage
           of
           the
           Realm
           ,
           and
           hereunto
           they
           are
           bound
           to
           aid
           their
           Soveraign
           Lord
           at
           all
           seasons
           ,
           when
           need
           shall
           be
           ;
           
             Old
             Mag.
             Char.
             fol.
          
           156.
           
           
             Lamb.
             fol.
          
           135.
           
           
             Inst
             .
             par
          
           .
           1.
           fol.
           75.
           
        
         
           All
           Commissions
           to
           levy
           men
           for
           the
           War
           ,
           are
           awarded
           by
           the
           King
           ,
           4
           &
           5
           
             Philip
             &
             Mary
             c.
          
           3.
           
        
         
           His
           Majesties
           Subjects
           ,
           according
           to
           their
           bounden
           Duties
           ,
           ought
           to
           serve
           the
           King
           in
           his
           Wars
           ,
           2
           &
           3
           E.
           6.
           c.
           2.
           11
           
           H.
           7.
           c.
           1.
           lib.
           7.
           
           
             Calvins
             Case
          
           .
        
         
           The
           people
           without
           the
           King
           ,
           cannot
           make
           a
           War
           ,
           but
           the
           King
           without
           the
           people
           can
           ;
           19
           E.
           4.
           6.
           
           
             Fitz.
             Abridg.
             Tit.
             Jurisdiction
             plac
             .
             ultimo
             .
          
        
         
           The
           King
           ows
           a
           Protection
           to
           his
           people
           ,
           and
           is
           the
           Conservator
           of
           the
           Law
           ,
           8
           H.
           7.
           fol.
           1.
           
           If
           the
           King
           hath
           not
           
             Jus
             gladii
          
           ,
           how
           can
           he
           protect
           the
           Laws
           ,
           or
           his
           People
           ?
           If
           there
           should
           be
           an
           Invasion
           
             ab
             extra
          
           ,
           or
           an
           Insurrection
           
             ad
             intra
          
           in
           this
           Kingdom
           ,
           if
           the
           
             Jus
             gladii
          
           were
           not
           in
           the
           King
           ,
           who
           should
           defend
           the
           Kingdom
           ?
           If
           it
           be
           in
           the
           people
           (
           as
           you
           would
           have
           it
           )
           then
           all
           have
           an
           equal
           Right
           to
           command
           ,
           and
           so
           for
           want
           of
           a
           good
           accord
           amongst
           them
           (
           as
           they
           will
           rarely
           agree
           to
           reason
           )
           the
           Kingdom
           would
           be
           lost
           .
        
         
           Therefore
           the
           
             Posse
             Regni
          
           by
           the
           Laws
           and
           Constitutions
           of
           this
           Kingdom
           ,
           doth
           solely
           belong
           unto
           the
           King
           ,
           
             F.
             N.
             B.
          
           113.
           
           
             Glanvil
             lib.
          
           1.
           c.
           2.
           lib.
           14.
           c.
           1.
           
           
             Bracton
             lib.
          
           3.
           fol.
           118.
           and
           by
           the
           Statutes
           of
           13
           Car.
           2.
           c.
           6.
           14
           
           Car.
           2.
           c.
           3.
           the
           
             Jus
             gladii
          
           is
           setled
           ,
           and
           declared
           to
           be
           solely
           in
           the
           King.
           
        
         
           Therefore
           if
           Subjects
           ,
           upon
           any
           pretence
           whatsoever
           ,
           shall
           take
           up
           Arms
           ,
           without
           the
           Authority
           of
           the
           King
           ,
           it
           's
           
           high
           Treason
           by
           the
           Common
           Law
           ,
           and
           by
           the
           Statute
           ,
           25
           E.
           3.
           for
           they
           usurp
           Royal
           Authority
           ,
           and
           it
           's
           a
           Machination
           and
           Compassing
           of
           the
           Kings
           Death
           ,
           and
           a
           levying
           of
           War
           against
           his
           sacred
           Person
           and
           Authority
           .
        
         
           It
           was
           resolved
           by
           all
           the
           Judges
           of
           England
           in
           the
           reign
           of
           Henry
           the
           Eight
           ,
           That
           an
           Insurrection
           against
           the
           Statute
           of
           Labourers
           for
           the
           inhansing
           of
           Sallaries
           and
           Wages
           ,
           was
           a
           levying
           of
           War
           against
           the
           King
           ,
           because
           it
           was
           against
           the
           King
           and
           his
           Laws
           ,
           and
           so
           in
           destruction
           of
           the
           King
           ;
           and
           for
           that
           the
           Offenders
           took
           upon
           them
           the
           Reformation
           thereof
           ,
           which
           Subjects
           by
           gathering
           of
           power
           ought
           not
           to
           do
           ;
           
             Inst
             .
             part
          
           .
           3.
           fol.
           10.
           
           The
           Imperial
           Law
           doth
           assert
           the
           same
           :
           
             Ad
             Legem
             Ju.
             Majestatis
             Leg
          
           3.
           
             eadem
             lege
             tenetur
             ,
             &
             qui
             injussu
             Principis
             bellum
             gesserit
             ,
             detectum
             habuerit
             ,
             exercitum
             comparaverit
             ,
          
           its
           Treason
           without
           the
           Command
           of
           the
           Prince
           ,
           to
           make
           War
           ,
           levy
           men
           ,
           or
           raise
           an
           Army
           .
           And
           
             Codex
             armorum
             usus
             inscio
             Principe
             interdictus
             est
             :
             Nulli
             prorsus
             nobis
             inscitiis
             atque
             inconsultis
             quorumlibet
             armorum
             movendorum
             copia
             tribuatur
          
           ;
           It
           's
           not
           lawful
           for
           any
           ,
           without
           our
           Authority
           ,
           to
           take
           up
           Arms.
           These
           are
           the
           words
           of
           the
           Emperors
           ,
           Valentinian
           and
           Valens
           ,
           and
           
             Codex
             de
             re
             militari
             ,
             Leg.
          
           13.
           
           
             Nemo
             miles
             :
             Nemo
             miles
             vel
             sibi
             vacet
             ,
             vel
             aliena
             obsequia
             sine
             nutu
             Principali
             peragere
             audeat
             .
          
           And
           Bodin
           doth
           tell
           us
           the
           same
           
             de
             Repub.
             lib.
          
           1.
           c.
           10.
           n.
           155
           ,
           156.
           fol.
           244.
           
           
             Edit
             .
             Latin.
          
           Ursell
           .
           Anno
           1601.
           
        
         
           2.
           
           It
           's
           not
           lawful
           for
           Subjects
           in
           the
           Realm
           of
           England
           to
           take
           up
           Arms
           for
           Religion
           ,
           either
           to
           reform
           it
           ,
           or
           to
           take
           away
           that
           established
           ,
           or
           to
           introduce
           a
           new
           one
           without
           Warrant
           or
           Authority
           of
           the
           King.
           Because
           ,
        
         
           1.
           
           The
           King
           is
           the
           Supreme
           Head
           of
           the
           Church
           of
           England
           ,
           26.
           
           H.
           8.
           c.
           1.
           2
           
           E.
           6.
           c.
           2.
           
           And
           at
           a
           Convocation
           holden
           
             Anno
             22
             H.
          
           8.
           by
           a
           publick
           Instrument
           made
           by
           all
           the
           Bishops
           and
           whole
           Clergy
           of
           England
           ,
           the
           King
           was
           acknowledged
           to
           be
           Supreme
           Head
           of
           the
           Church
           of
           
             England
             ;
             Inst
             .
             part
          
           .
           3.
           fol.
           121.
           
        
         
           2.
           
           All
           Ecclesiastical
           Authority
           and
           Jurisdiction
           in
           this
           Kingdom
           are
           originally
           derived
           from
           the
           King
           ,
           lib.
           5.
           
           
             De
             Jure
             Regis
             Ecclesiastico
          
           ;
           he
           hath
           power
           within
           his
           Dominions
           to
           declare
           what
           are
           Articles
           of
           Faith
           ,
           according
           to
           
           Scriptrue
           ,
           to
           make
           Laws
           for
           the
           Government
           of
           the
           Church
           ,
           to
           appoint
           forms
           of
           Worship
           and
           Discipline
           ;
           and
           he
           hath
           power
           to
           make
           Orders
           and
           Constitutions
           for
           the
           Government
           of
           the
           Clergy
           ,
           as
           it
           was
           resolved
           by
           all
           the
           Judges
           of
           England
           ,
           2
           Feb.
           2
           
             Jac.
             Croke
             part
          
           2.
           fol.
           37.
           
           
             Moors
             Rep.
          
           755.
           
           And
           these
           Rights
           and
           powers
           of
           the
           King
           are
           inherent
           in
           him
           ,
           as
           Essential
           Flowers
           of
           the
           Crown
           ,
           and
           as
           ancient
           as
           the
           Crown
           it self
           .
        
         
           For
           Subjects
           to
           raise
           Arms
           in
           opposition
           of
           any
           of
           these
           Powers
           ,
           or
           against
           the
           Laws
           and
           Constitutions
           to
           that
           purpose
           by
           the
           King
           made
           ,
           it
           's
           High
           Treason
           within
           the
           Statute
           of
           25
           E.
           3.
           for
           the
           Church
           and
           Common-wealth
           make
           but
           one
           Monarchy
           ;
           therefore
           they
           which
           take
           up
           Arms
           against
           the
           Ecclesiastical
           Power
           of
           the
           King
           ,
           take
           up
           Arms
           against
           the
           Monarchy
           ,
           and
           so
           against
           the
           Monarch
           .
           And
           I
           must
           tell
           ,
           you
           ,
           Sir
           ,
           That
           originally
           there
           was
           no
           difference
           between
           Church
           and
           State
           ,
           as
           to
           Jurisdiction
           ,
           until
           Christian
           Monarchs
           divided
           Jurisdictions
           ,
           and
           delegated
           Civil
           and
           Ecclesiastical
           persons
           to
           take
           Conusance
           ,
           and
           judge
           of
           Causes
           separate
           :
           And
           those
           Jurisdictions
           are
           called
           Civil
           and
           Ecclesiastical
           ,
           in
           respect
           of
           the
           Delegates
           only
           ,
           and
           not
           in
           respect
           of
           the
           Cases
           whereof
           they
           take
           Conusance
           ,
           and
           judge
           .
           And
           the
           same
           persons
           which
           
             ratione
             Ligeantiae
          
           ,
           are
           Members
           of
           the
           Common-wealth
           ,
           
             ratione
             Fidei
          
           ,
           are
           Members
           of
           the
           Church
           .
        
         
           Sir
           
             Edward
             Coke
          
           (
           that
           great
           Oracle
           of
           the
           Law
           )
           saith
           ,
           If
           Subjects
           take
           up
           Arms
           ,
           to
           alter
           Religion
           established
           within
           the
           Realm
           ,
           or
           the
           Laws
           ,
           or
           to
           any
           other
           end
           ,
           pretending
           Reformation
           of
           their
           own
           heads
           ,
           without
           Authority
           from
           the
           King
           ,
           this
           is
           a
           levying
           of
           War
           against
           the
           King
           ;
           because
           they
           take
           upon
           them
           Royal
           Authority
           ,
           which
           is
           against
           the
           King
           ,
           and
           per
           Consequence
           it
           's
           High
           Treason
           ,
           
             Inst
             .
             part
          
           .
           3.
           fol.
           9.
           
        
         
           Sir
           
             John
             Old
             castle
          
           of
           Cowling
           in
           the
           County
           of
           Kent
           ,
           in
           Parliament
           was
           adjudged
           a
           Traytor
           ,
           for
           that
           he
           and
           others
           to
           the
           number
           of
           twenty
           men
           called
           Lollards
           ,
           did
           conspire
           to
           subvert
           the
           State
           of
           the
           Clergy
           ,
           
             Rot.
             part
          
           .
           5
           H.
           5.
           n.
           11.
           
        
         
         
           In
           Queen
           Maries
           time
           Sir
           
             Nicholas
             Throgmorton
          
           conspired
           with
           Sir
           
             Thomas
             Wyat
          
           to
           levy
           War
           within
           the
           Realm
           for
           alteration
           in
           Religion
           ;
           he
           joyned
           not
           with
           him
           in
           the
           execution
           of
           this
           Conspiracy
           ,
           yet
           both
           adjudged
           Traytors
           by
           the
           Common
           Law
           ,
           before
           the
           Declaration
           of
           the
           Stat.
           25.
           
           E.
           3.
           
           
             Dy
             fol.
          
           98.
           
        
         
           1
           Jac.
           The
           Lord
           Gray
           and
           other
           Conspirators
           met
           ,
           and
           conspired
           to
           make
           an
           Insurrection
           ,
           whereby
           they
           designed
           to
           seise
           the
           King
           into
           their
           power
           ,
           until
           he
           should
           grant
           them
           a
           Pardon
           of
           all
           Treasons
           ,
           a
           Tolleration
           of
           the
           Exercise
           of
           the
           Popish
           Religion
           ,
           &c.
           
           They
           were
           indicted
           for
           Compassing
           the
           Kings
           Death
           ;
           the
           Lord
           Gray
           was
           tryed
           by
           his
           Peers
           ,
           and
           had
           Judgment
           to
           be
           drawn
           ,
           hang'd
           and
           quarter'd
           .
        
         
           In
           the
           Fifthty
           first
           of
           Henry
           the
           third
           ,
           it
           was
           declared
           by
           Parliament
           ,
           that
           for
           Subjects
           to
           associate
           or
           enter
           into
           any
           Covenant
           to
           reform
           Church
           or
           State
           ,
           without
           the
           consent
           of
           the
           King
           ,
           was
           High
           Treason
           by
           the
           Fundamental
           Laws
           of
           this
           Nation
           ,
           and
           entred
           upon
           the
           Roll
           ,
           
             Nullo
             contradicente
             .
             Rot.
             part
          
           51
           H.
           3.
           n.
           8.
           
        
         
           If
           the
           end
           of
           raising
           Arms
           be
           to
           overthrow
           any
           Statute
           ,
           any
           part
           of
           the
           Law
           ,
           and
           setled
           Government
           in
           Church
           or
           State
           ,
           this
           is
           war
           against
           the
           King
           ,
           and
           High
           Treason
           .
        
         
           In
           that
           great
           Insurrection
           of
           the
           Villains
           and
           meaner
           people
           in
           King
           Richard
           the
           Second's
           time
           ;
           they
           took
           an
           Oath
           ,
           
             Quod
             Regi
             &
             Communibus
             fidelitatem
             servarent
             ,
          
           to
           be
           true
           to
           the
           King
           and
           Commons
           ,
           and
           that
           they
           would
           take
           nothing
           but
           what
           they
           paid
           for
           ,
           punished
           all
           Theft
           with
           Death
           ;
           here
           was
           no
           intendment
           against
           the
           person
           of
           the
           King
           ;
           the
           intent
           was
           to
           establish
           the
           Laws
           of
           Villenage
           and
           Servitude
           :
           this
           in
           Parliament
           ,
           5
           R.
           2.
           is
           declared
           to
           be
           Treason
           against
           the
           King
           ,
           5
           R.
           2.
           part
           1.
           n.
           31
           ,
           32.
           
        
         
           In
           the
           Eighth
           year
           of
           Henry
           the
           Eight
           ,
           
             William
             Bell
          
           ,
           and
           
             Thomas
             Lacy
          
           in
           the
           County
           of
           Kent
           ,
           conspired
           with
           
             Thomas
             Cheyney
          
           ,
           called
           the
           
             Hermite
             of
             the
             Queen
             of
             Faires
             ,
          
           to
           overthrow
           the
           Laws
           and
           Customs
           of
           the
           Realm
           ;
           and
           for
           the
           effecting
           of
           it
           ,
           they
           with
           200
           more
           met
           together
           ,
           and
           concluded
           upon
           a
           Course
           of
           raising
           greater
           Forces
           in
           the
           said
           County
           of
           Kent
           ;
           this
           was
           adjudged
           Treason
           :
           It
           's
           the
           same
           offence
           by
           force
           of
           Arms
           to
           conspire
           to
           overthrow
           the
           
           Ecclesiastical
           Laws
           and
           Government
           of
           the
           Church
           .
        
         
           
             Richard
             Bradshaw
          
           ,
           and
           
             Robert
             Burton
          
           ,
           and
           others
           of
           Oxford-shire
           ,
           conspired
           and
           agreed
           to
           assemble
           themselves
           with
           so
           many
           men
           as
           they
           could
           procure
           at
           Enslowhill
           in
           that
           County
           ,
           and
           there
           to
           rise
           ,
           and
           from
           thence
           to
           go
           from
           Gentlemans
           house
           to
           Gentlemans
           house
           ,
           and
           to
           cast
           down
           Inclosures
           as
           well
           for
           enlargement
           of
           High-ways
           ,
           as
           of
           Errable
           Lands
           ;
           and
           they
           agreed
           to
           get
           Armour
           and
           Artillary
           at
           the
           Lord
           
           Norris's
           house
           ,
           and
           to
           bear
           them
           in
           going
           from
           Gentlemans
           house
           to
           Gentlemans
           house
           for
           the
           end
           aforesaid
           ,
           and
           to
           that
           purpose
           perswaded
           divers
           others
           ;
           and
           all
           this
           was
           confessed
           by
           the
           Offenders
           ,
           for
           which
           Bradshaw
           and
           Burton
           were
           attainted
           of
           High
           Treason
           ,
           P.
           39
           Eliz.
           by
           all
           the
           Judges
           of
           England
           .
        
         
           If
           it
           be
           Treason
           to
           conspire
           and
           agree
           to
           assemble
           to
           cast
           down
           Inclosures
           ,
           certainly
           it
           must
           be
           Treason
           to
           conspire
           and
           consult
           by
           power
           of
           Arms
           ,
           without
           Royal
           Authority
           ,
           to
           cast
           down
           the
           Inclosures
           of
           the
           Church
           (
           which
           is
           
             Hortus
             inclusus
          
           )
           and
           fenced
           with
           so
           many
           excellent
           Laws
           to
           defend
           it
           against
           the
           Ravage
           of
           the
           Beasts
           of
           Ephesus
           ,
           and
           the
           Fury
           of
           unreasonable
           men
           .
        
         
           For
           Subjects
           to
           take
           up
           Arms
           to
           remove
           evil
           Counsellors
           from
           the
           King
           ,
           it
           's
           High
           Treason
           ,
           as
           it
           was
           adjudged
           in
           the
           Case
           of
           the
           Earl
           of
           Essex
           ;
           what
           then
           is
           the
           Offence
           by
           force
           of
           Arms
           to
           remove
           the
           sacred
           Oracles
           of
           the
           Church
           ,
           and
           to
           pull
           down
           the
           Pillars
           of
           it
           ?
        
         
           So
           that
           it
           doth
           demonstratively
           appear
           ,
           that
           the
           sole
           power
           of
           the
           Sword
           is
           in
           the
           King
           ;
           for
           to
           suppose
           that
           another
           hath
           right
           to
           bear
           the
           Sword
           ,
           besides
           the
           Soveraign
           ,
           is
           to
           suppose
           ,
           that
           the
           Soveraign
           hath
           an
           equal
           ,
           which
           is
           a
           Contradiction
           to
           the
           notion
           of
           Soveraignty
           ,
           and
           that
           in
           the
           same
           Government
           there
           may
           be
           two
           Soveraign
           Powers
           .
        
         
           3.
           
           In
           the
           next
           place
           we
           shall
           consider
           whether
           this
           Doctrine
           of
           taking
           up
           Arms
           for
           Religion
           ,
           or
           in
           defence
           of
           it
           ,
           or
           to
           prevent
           any
           other
           from
           setling
           ,
           or
           upon
           any
           other
           godly
           pretence
           ,
           without
           Authority
           from
           the
           King
           ,
           be
           warranted
           by
           the
           Judgment
           of
           the
           most
           Learned
           and
           Pious
           men
           in
           all
           Ages
           ,
           That
           it
           's
           not
           lawful
           for
           Subjects
           ,
           without
           Warrant
           from
           their
           King
           ,
           to
           take
           up
           Arms
           for
           Religion
           ,
           
           or
           defence
           of
           it
           ,
           or
           upon
           any
           other
           godly
           pretence
           whatsoever
           .
        
         
           Tertullian
           in
           his
           
             Apologeticks
             c.
          
           30
           ,
           33
           ,
           37.
           tells
           us
           ,
           That
           the
           Ancient
           Christians
           in
           his
           time
           ,
           although
           having
           an
           Heathen
           and
           persecuting
           Emperor
           ,
           did
           honour
           him
           ,
           as
           chosen
           of
           God
           ,
           and
           second
           from
           God
           ,
           and
           first
           after
           God
           ;
           and
           did
           chuse
           rather
           to
           suffer
           ,
           than
           to
           make
           resistance
           by
           force
           of
           Arms
           ,
           although
           they
           lacked
           not
           number
           and
           strength
           to
           do
           it
           .
        
         
           The
           like
           Example
           we
           have
           in
           that
           renowned
           Thebaean
           Legion
           of
           6666
           Christian
           Soldiers
           called
           Agaunenses
           from
           the
           place
           of
           their
           Suffering
           ,
           who
           ,
           without
           making
           resistance
           as
           they
           had
           strength
           to
           have
           done
           ,
           suffered
           themselves
           rather
           to
           be
           slain
           for
           their
           Christian
           Profession
           ,
           by
           the
           Officers
           of
           Maximinian
           the
           Emperor
           ,
           Executors
           of
           his
           cruel
           Commandment
           against
           them
           :
           This
           fell
           out
           in
           the
           18.
           year
           of
           Dioclesian
           ,
           as
           
             Ado
             Viennensis
          
           writeth
           in
           his
           Chronicle
           ,
           which
           was
           in
           the
           year
           of
           God
           297.
           as
           Cardinal
           Baronius
           reckoneth
           in
           his
           Annals
           ;
           and
           of
           that
           pious
           and
           Christian
           Resolution
           
             Venantius
             Fortunatus
          
           an
           ancient
           Bishop
           of
           Poictiers
           hath
           left
           unto
           us
           a
           noble
           Eulogium
           ,
           as
           you
           may
           see
           in
           
             Bibliotheca
             Patr.
             Tom.
          
           8.
           
           Edit
           .
           4.
           fol.
           741.
           
        
         
           
             Gregory
             Nazianzen
          
           in
           his
           first
           Oration
           ,
           speaking
           of
           the
           Persecution
           by
           Julian
           the
           Apostate
           ,
           where
           the
           Christians
           were
           more
           in
           number
           ,
           and
           stronger
           in
           power
           to
           have
           made
           open
           Resistance
           ,
           if
           they
           had
           in
           their
           Consciences
           found
           it
           agreeable
           to
           their
           Christian
           Profession
           ,
           declareth
           plainly
           ,
           that
           they
           had
           no
           other
           remedy
           against
           that
           Persecution
           ,
           but
           patient
           Suffering
           for
           Christ
           ,
           with
           gloriation
           in
           Christ
           .
        
         
           St.
           Ambrose
           having
           received
           commandment
           to
           deliver
           the
           sacred
           Houses
           or
           Churches
           to
           be
           possessed
           by
           the
           Arrians
           ,
           declared
           what
           he
           thought
           convenient
           to
           be
           done
           in
           such
           a
           case
           ,
           to
           wit
           ,
           neither
           to
           obey
           in
           that
           which
           he
           could
           not
           perform
           with
           a
           good
           Conscience
           ,
           nor
           yet
           to
           resist
           by
           force
           of
           Arms.
           His
           words
           to
           the
           people
           
             (
             Concione
             tertia
             contra
          
           Auxentium
           )
           are
           these
           ;
           
             Quid
             ergo
             turbamini
             ?
             volens
             nunquam
             vos
             deseram
             ,
             coactus
             repugnare
             non
             novi
             :
             dolere
             potero
             ,
             potero
             flere
             ,
             potero
             gemore
             ,
             adversus
             arma
             ,
             milites
             ,
             Gothosque
             lachrimae
             meae
             arma
             sunt
             ,
             talia
             munimenta
             sunt
             Sacerdotis
             ,
             aliter
             debeo
             ,
             nec
             possum
             resistere
             :
          
           Why
           then
           are
           ye
           
           troubled
           ?
           I
           shall
           never
           willingly
           leave
           you
           :
           If
           I
           be
           compelled
           ,
           I
           cannot
           gainstand
           ;
           I
           may
           be
           sorry
           ,
           I
           may
           weep
           ,
           I
           may
           sigh
           ,
           against
           Arms
           ,
           Soldiers
           ,
           the
           Gothes
           also
           ,
           my
           Tears
           are
           Arms
           ;
           for
           such
           are
           the
           Guards
           of
           a
           Priest
           :
           otherwise
           I
           neither
           ought
           ,
           nor
           may
           resist
           .
           And
           in
           the
           second
           Book
           of
           his
           Epistles
           ,
           14
           Epist
           .
           to
           his
           Sister
           Marcellina
           ,
           speaking
           to
           the
           same
           purpose
           ,
           he
           saith
           ,
           
             Non
             ego
             me
             vallabo
             circumfusione
             populorum
             ,
             rogamus
             ,
          
           Auguste
           ,
           
             non
             pugnamus
             —
             tradere
          
           Basilicam
           
             non
             possum
             ,
             sed
             repugnare
             non
             debeo
             :
          
           I
           shall
           not
           fortifie
           my self
           with
           a
           multitude
           of
           people
           about
           me
           —
           We
           beseech
           ,
           O
           Emperor
           ,
           we
           fight
           not
           —
           I
           may
           not
           deliver
           the
           Church
           ,
           but
           I
           ought
           not
           to
           make
           resistance
           .
        
         
           Such
           also
           was
           the
           Doctrine
           and
           Practise
           of
           many
           other
           great
           Lights
           which
           shined
           in
           the
           days
           of
           Julian
           the
           Apostate
           ,
           and
           in
           the
           days
           of
           the
           Arrian
           Emperors
           ,
           and
           
             Gothick
             Arrian
          
           Kings
           .
        
         
           St.
           Augustine
           writing
           of
           a
           lawful
           War
           ,
           acknowledgeth
           that
           only
           to
           be
           lawful
           ,
           which
           hath
           Authority
           from
           the
           Prince
           ;
           
             Interest
             enim
             quibus
             causis
             ,
             quibusque
             Authoribus
             homines
             gerenda
             bella
             suscipiant
             ,
             ordo
             tamen
             ille
             naturalis
             mortalium
             paci
             accommodatus
             hoc
             poscit
             ,
             ut
             suscipiendi
             belli
             Authoritas
             atque
             Consilium
             penes
             Principem
             sit
             .
          
           Aug.
           lib.
           22.
           contra
           Faustum
           ,
           c.
           75.
           
           
             For
             it
             's
             much
             to
             be
             regarded
             ,
          
           saith
           he
           ,
           
             for
             what
             Causes
             ,
             and
             by
             whose
             Authority
             men
             undertake
             Wars
             ,
             but
             that
             natural
             order
             which
             is
             accommodated
             to
             the
             peace
             of
             mortal
             men
             ,
             require
             this
             ,
             That
             the
             Authority
             and
             Counsel
             of
             undertaking
             War
             ,
             be
             in
             the
             power
             of
             the
             Prince
             .
          
        
         
           Doctor
           Bilson
           saith
           ,
           
             In
             making
             of
             War
             ,
             the
             person
             must
             be
             respected
             as
             well
             as
             the
             Cause
             ;
             be
             the
             Cause
             never
             so
             just
             ,
             if
             the
             Person
             be
             not
             authorized
             by
             God
             to
             draw
             the
             Sword
             ,
             they
             be
             not
             just
             or
             lawful
             Wars
             .
             Private
             men
             may
             not
             venture
             on
             Wars
             ,
             unless
             they
             be
             directly
             warranted
             by
             him
             that
             hath
             the
             Warrant
             from
             God.
          
           Dr.
           Bilson
           in
           his
           Book
           entituled
           ,
           
             The
             true
             Difference
             betwixt
             Christian
             Subjection
             ,
             and
             Vnchristian
             Rebellion
          
           ;
           Printed
           at
           Oxford
           1585.
           fol.
           380.
           
        
         
           He
           sheweth
           ,
           that
           the
           Subjects
           of
           England
           have
           no
           lawful
           Authority
           or
           Warrant
           to
           draw
           the
           Sword
           without
           the
           consent
           of
           the
           Prince
           .
           fol.
           518.
           
        
         
           
             Peter
             Martyr
          
           saith
           ,
           
             That
             it
             's
             certain
             ,
             that
             wars
             may
             not
             be
             made
             without
             the
             Authority
             of
             the
             Prince
             .
          
           Loc.
           Com.
           class
           .
           4.
           c.
           16.
           
           §
           .
           2.
           
        
         
         
           Calvin
           ,
           a
           person
           of
           no
           mean
           esteem
           with
           you
           ,
           in
           the
           4th
           Book
           of
           his
           Institutes
           ,
           in
           the
           last
           Chapter
           of
           that
           Book
           ,
           disputeth
           the
           Question
           at
           large
           ,
           and
           by
           many
           strong
           Arguments
           concludeth
           ,
           That
           it
           's
           no
           ways
           Lawful
           for
           Subjects
           to
           resist
           their
           Prince
           by
           force
           of
           Arms
           ,
           whether
           the
           Prince
           be
           Godly
           and
           Just
           ,
           or
           Ungodly
           and
           Unjust
           in
           his
           Conversation
           ,
           and
           commands
           ,
           that
           nothing
           remaineth
           to
           Subjects
           in
           such
           a
           case
           ,
           but
           to
           obey
           or
           suffer
           .
        
         
           The
           same
           Doctrine
           also
           is
           delivered
           by
           
             Hugo
             Grotius
          
           in
           his
           first
           Book
           
             de
             Jure
             Belli
             &
             Pacis
             ,
             ch
             .
          
           4.
           
           
             To.
             Gerherd
          
           in
           the
           6.
           
           Tom.
           of
           his
           
             Common
             Places
          
           in
           his
           Treatise
           
             de
             Magistratu
             Politico
             n.
          
           483.
           where
           he
           discourseth
           learnedly
           of
           this
           matter
           :
           
             Albericus
             Gentilis
          
           in
           his
           Regal
           Disputations
           ,
           Disput
           .
           3.
           
             de
             Vi
             Civium
             in
             Reg●m
             semper
             injusta
             .
             Jo.
          
           Bishop
           of
           Rochester
           in
           his
           Book
           written
           against
           
             Bellarmine
             ,
             de
             Potestate
             Papae
             in
             rebus
             Temporalibus
             lib.
          
           1.
           c
           8.
           
           
             M.
             Antonius
             de
             Dominis
          
           ,
           in
           his
           Book
           called
           
             Ostensio
             Errorum
          
           Francisci
           Suarez
           .
           c.
           6.
           
           §
           .
           27.
           
        
         
           If
           the
           Authority
           of
           these
           persons
           ,
           who
           made
           so
           great
           Figures
           in
           the
           World
           for
           their
           Piety
           and
           Learning
           ,
           cannot
           convince
           you
           of
           your
           Error
           ,
           I
           know
           not
           what
           will.
           
        
         
           But
           ,
           Sir
           ,
           I
           must
           tell
           you
           ,
           let
           your
           Pretences
           be
           never
           so
           firm
           and
           religious
           ,
           and
           that
           you
           act
           according
           to
           the
           Dictates
           of
           your
           Conscience
           ,
           to
           secure
           Religion
           against
           Papacy
           ,
           and
           to
           reduce
           the
           Church
           of
           England
           to
           the
           primitive
           Purity
           ,
           if
           you
           take
           up
           Arms
           to
           effect
           it
           ,
           without
           Royal
           Authority
           ,
           it
           's
           High
           Treason
           .
           Obedience
           to
           your
           Soveraign
           Prince
           and
           his
           Laws
           ,
           is
           part
           of
           your
           Duty
           towards
           God
           :
           And
           Conscience
           is
           not
           your
           Rule
           ,
           but
           your
           Guide
           ,
           and
           so
           far
           only
           can
           Conscience
           justifie
           your
           Actions
           ,
           as
           it
           is
           justifyed
           by
           God
           ,
           and
           his
           sacred
           Word
           .
           Subm●ssion
           to
           your
           Prince
           is
           your
           Duty
           ,
           and
           confidence
           in
           his
           Goodness
           will
           be
           your
           Prudence
           .
           So
           I
           take
           my
           leave
           and
           rest
           ,
        
         
           
             Sir
             ,
          
           
             Your
             Humble
             Servant
             ,
             Ap
             William
             d'
             Bretaine
             .
          
        
         
           FINIS
           .