A VINDICATION OF MONARCHY AND The Government long established in the Church and Kingdom of England, Against The pernicious Assertions and tumultuous Practices of the Innovators during the last Parliament in the REIGN OF CHARLES the I.  
Written by Sir ROBERT POYNTZ Knight of the Bath.  
LONDON, Printed, by Roger Norton, and are to be sold by Gabriel Bedell, and Thomas Collins, at the Middle-Temple-Gate in Fleetstreet, 1661.   

A VINDICATION OF MONARCHY AND The Government long established in the Church and Kingdom of England, etc.  

CHAP. I. Innovations in Government; Publishing of false News, and Prophecies; Pretences of Reformation; Sects and Divisions in matters of Religion; Quarrel against Episcopacy.  
WE find by daily experience that those Rivers which run from the purest Fountains, the farther they run, the more corruption they gather: and so is it with the Church and Commonwealth, which have had their institutions, discipline and laws drawn from the pure fountains of piety, prudence and equity; yet by the course of time they are carried through the corruption in manners, defects in government, and in the execution of good Laws, into a stream of abuses, contempt and confusion. But when the corruptions are such as are not incurable, but removable, we find it much better to content ourselves with a fair, orderly and prudent reformation, or a temporary toleration, then by adventuring rashly upon the cure, make the disease worse, or change it into as bad, through the change of that which hath long continued, and may very fitly be retained, and easily be purged from the corruptions and abuses which are adherent. For by Innovations, especially sudden, the minds of men are disquieted, fuel is brought unto fiery and turbulent spirits, and the peace of the Church and Commonwealth endangered, if not destroyed, which by the Apostolical precept and practice we ought carefully to preserve. The rule which Ulpian giveth us is worth remembrance, In rebus novis constituendis evidens esse debeat utilitas, ut ab eo jure quod diu aequum fuit recedatur. It is an evident sign of a distemperature in the brain, or of great levity, when we rashly rush upon the change of ancient institutions and customs, if there can be found no great inconvenience in the use of them. The desire of change is restless, and like superstition taking hold in the minds of men, when it hath broken the bounds of piety. Alterations are dangerous, although they are specious, and have some reason to justify them; and oftentimes those are the most dangerous, which are most specious, especially if they are driven on tumultuously, or by faction. When the people begin to be divided in Religion, or to show themselves discontented with the present government, then do the ambitious and factious spirits (who fish best in troubled waters) lay in their hooks and make use of the season and opportunity. And it hath been often observed, that those who have had designs upon the State, or to become a head of a Faction, to raise sedition, or to possess or alter the Government, have ever pretended Religion or the Public good, or the reformation of abuses, and the removing of evil Counsellors. Pretences of great efficacy in a discontented and factious state, abounding with men presumptuous, selfwilled, and despisers of Government, as the Apostle saith; 
Judas.  and prone to cast off all affection and fear of their Sovereign. I need not to insist upon examples, they are frequent, I will only relate one of our own. 
In Anglia non defectiones qu●mp-in ùm à R●ge Henrico sexto, sed in eos qui apud eum plurimum poterant, Impetus fac●us erat. Paulatim au. dicis crevit & ducum inter aemulationes, simuliatesque, ad postremum & Domestica bella exorta, & in ipsum Regem vis intenta●ur. Paulus Aemilius lib. 10. Histor.  Under this pretence of evil Government, and removing of evil Counsellors, and with great protestations of sincerity and love to his Country, did Richard Duke of York gain the affections of the people from their innocent King Henry the Sixth, who stood in his way to the Crown, so as the Duke of Somerset for his faithful adhering unto that King Henry his Nephew, and for crossing the aspiring of the Duke of York, had by great cunning contrivance the hatred of the inconstant and seduced people stirred up against him, under that general and indefinite notion of an evil Counsellor, and an enemy of the Commonwealth, to the ruin of himself first, and then of his King. Upon this and the like examples, it seemeth, that the Statute in the third year of Henry the seventh did reflect; for the words are, that by quarrels made to such as have been in great Authority, Office, and of Counsel with the King of this Realm, hath ensued the destruction of the Kings, and the ruin of the Realm: So as it appeared evidently, when the compass of the death of such true subjects was had, the destruction of the Prince was imagined thereby. 
* Per latus alierum Regem peti, ei. que litem intentari, ut qui capi & opprimi non potuit, is ametis fidis Consiliariis & ministris, Regis dignitate simul ac libertate spolietur. Thuan. de Henrico 3. Galli● lib. 91. Hist.  We find for the furtherance of such designs, two pestiferous means often used by factious men and Incendiaries to infatuate the People, and to raise them on their side; the one is the devising and publishing of faise tales and news, as did Shimei by bruiting infamous Speeches or Libels against King David, calling him the man of blood. 
* We have made lies our refuge, and under falsehood have we hid cur selves, Isa 28.15.  The Histories in all times, and the Laws against it in all States, show the hurt it bringeth to the Commonwealth. 
P. Justin hist. of Ven.  The Venetians put to death a man who divulged false news, which much disquieted the City. But those who first related the true news of the defeat given to the King of France by the Saracens in the East, 
M. Paris in Hen. 3.  were condemned in France to be hanged. It was an ancient manner among the Heathen Princes, 
Euseb. Eccles. hist. l. 2 c●●  that if any novelty happened, it should be first declared to him who held the Sceptre. The Statute made in the 12. of Rich. the 2. saith, That by this means of news, discord hath often risen between the King and the People, and slander within the Realm, whereof quick destruction and subversion of the Realm may ensue. Caesar saith in his Commentaries, Falsis rumoribus homines terreri, & ad facinus impelli, & de summis rebus consilium capere cognitum est: 
Ecclus. 18.14. James 3  A backbiting tongue hath pulled down strong Cities, and overthrown the houses of great men. The tongue setteth on fire the whole course of nature, and it is set on fire of hell, saith the Apostle. It is called a sharp sword, by the Psalmist, gladius acutus; and in Job, flagellum linguae.  
The other means used by Incendiaries, is the publishing of Prophecies, or making use of them to amuse the people, and keep them in the expectation of a change. New Religions were brought into Rome by certain Books of Prophecies, which were publicly burned. It was a capital Crime by the Roman Law in him, 
* Livius. L. 30. F. de Poenis.  Qui aliquid fecerit, quo leves hominum mentes superstitione Numinis terrerentur: and so was it also in them, 
† Paul. sent. lib. 5. lit. 21. & 23. tit. Cod. de malesic. & Mathem. Leo descrip. Africa.  Qui divinandi artem exercebant, aut Vaticinii libros habebant. And thus by the Canon Law, and also by Mahomet's Law, Magiam & Cabalisticas arts lege Mahometica vetitas esse. The Magicians and Soothsayers, and those who profess the knowledge of things to come are more dangerous to a City, saith St. Hierom, than fire, especially those who consult of the state of the Commonwealth, or of the life and death of the Prince; 
* L. 8. Cod. de Mathematicis. vel Arioles, atuspices, vaticinat●tes consuluit, cum eo qui responderit, capite punitur. Paul. senten. lib. 5 tit. 21. Cuiac. ad tit. Cod. de Maleficis.  Qui de salute Principis & summa Reipublicae Mathematicos consuluit, he was punished by death; And by that Law the crime was equal in both, talia prohibita tam discere quàm docere, in those who did seek to learn, as well as the Masters of that Art. 
† Caus. 3. quaest. 5. c. 9 Deut. 18. Leu. 20. & 19  The Canon Law made all those infamous, Qui ad sortilegos & Divinos concurrunt infames sunt, nec accusatores, nec testes esse possunt. The divine Law saith, there shall not be found amongst you that useth Divination, or is a Wizard; they shall be put to death: Seek not after Wizards to be defiled by them. 
* Confess. lib. 7. c. 6.  Mathematicorum fallaces divinationes & impia diliramenta, saith St Austin. Who so are desirous to search into these vain and impious Prophecies, and to inquire of things to come, the Devil is ready to answer their curiosity with strong delusions; 
Lip●●i monita Posit.  quae turbant animos & ad novas aut magnas spes impellunt. Nunquam curiositas & cupiditas conjuncta cum avaritia & superstitione cognoscendi res futuras, 
Aelian. var. hist. lib. 3. c. 3.  neque Gentilibus, neque iis qui Christiani perhiberi voluerunt, impunis vel innoxia fuit. The raisers of a dangerous sedition in Yorkshire, 
Heyward in Edw. 6.  in the reign of Edward the sixth, took their rise and encouragement from a dark and deceivable Prophecy, and understood that to be the time to accomplish that Prophecy, which did fortel the time should come, when there should be no King, and that the Nobility and Gentry should be destroyed, and the Realm ruled by the Commons holding a Parliament in commotion. 
Thuan. lib. 125.  The Duke of Savoy not to condescend unto equal conditions of Peace with Henry the fourth of France, was drawn by a Prophecy, that at such a time there should be no King in France; which had something of truth, for the King of France was that year in Savoy, and in the pursuit of his Conquest thereof. And yet notwithstanding, such is the desire of men to know things to come, that these Astrologers and Soothsayers gain more credit by foretelling one truth, than they do discredit by ten falsities; whereas others, if they lie in one thing, are scarce ever believed in any truth they relate.  
Religion and reformation, as was said before, have ever been pretended by those who have had pernicious designs; and factious and ambitious men have often taken hold of the dissensions concerning religion, to work the people to a compliance with them: These men convert Religion under false and specious pretences into faction; or use religion like a stalking horse, as did Jerobeam and Mahomet, Qui nervum potentiae suae in novae Religionis formulâ ad affectus hominum inflexâ ponebant. 
* Jerobeam usurped and Israel rebelled against the house of David; Jeroboam changed the public service of God and also the place from Jerusalem to Bethel and to Dan; for if the people went up to Jerusalem to sacrifice, he feared their hearts would turn to Rehoboam their King, and the Kingdom return again to the house of David: and he made Priests of the lowest of the People, which were not of the sons of Levi, 1 King. 12.  The changes in religion have often wrought great changes in the minds and manners of men: whereupon the saying is grounded A new religion, and a new Prince or government. The Pope's Nuncio hearing Francis the first of France, use sharp speeches against the Pope, and saying he would withdraw his Subject's obedience from the Sea of Rome in things of Ecclesiastical Discipline, the Nuncio replied, that his Majesty would be a loser thereby as much as the Pope, for a new Religion, if it took the People in the head, would draw them on to the desire of changing their King, or Government. Unity in Religion being the chiefest pillar that upholdeth the joint obedience of the Subjects to their Sovereign, and to the Laws of their Country. ●or where they are not united in their Religion, they are not united in their Obedience to their Sovereign, neither in their affections to their fellow subjects, but are ever apt to fall into seditions; and of this there are many examples in this latter age. Not to come nearer unto us, I will rather choose to relate that of the Moors in Spain, who notwithstanding all the endeavours of the Emperor Charles the fifth, and his Successors, could never be made good Subjects or Christians: they only pretended a desire of liberty of Conscience, which they thought they could never obtain, unless they had a King and Laws according to their will, 
Fonseca of the expulsion of the Moors.  whereupon they entered into a most dangerous conspiracy, and took up arms. The Proverb was true, never of a good Moor, a good Christian. Their King said of them, that they would never be faithful to God, who would never be faithful to their King. 
Hist. of Spain. Curtius.  It was truly observed of such inconstant People, Meliùs vatibus suis quam Regibus suis parent, a new Apostle is more precious than King or Laws: How often, 
Monita Pol.  saith Lipsius, of old and of late times, to the great peril of Princes and Commonwealths, Pravae aut novae religionis titulo populum concitatum fuisse, unus aliquis concionator sanctimoniae famâ & telo armatus, & eloquentiâ aliquâ ornatus, quid non patrat? Of such men the Prophets often gave warning, who flatter the people, and prophecy lies in God's name. For this cause of Religion men become wolves to each other: in this fury they abandon all respects civil and natural: The brother delivereth up the brother, 
Matth. 10.  and the father the child to death. This made certain Jews bind themselves under a curse, 
Act. 23.  that they would never eat nor drink until they had killed St. Paul. Experience hath proved that there is no cruelty comparable to theirs, who have taken on them the name of the Church, neither any so dangerous evil, as that which carrieth the face and pretence of Religion. King James describeth such Puritans as he had long trial of in Scotland, 
Instruct. to his son.  and saith, they are the very Pests of the Church and Commonwealth, whom no deserts can oblige, neither promises or oaths bind, breathing nothing but seditions and calumnies; aspiring without measure, railing without reason, making their own imaginations without warrant of the Word of God, the rule of their actions. 
Sermo 66. Cant.  St. Bernard doth make mention of the like men in his time, Qui nec rationibus convincuntur, quia non intelligunt, nec autoritatibus corriguntur, quia non recipiunt, nec slectuntur suasionibus quia subversi sunt. Of the like men by the unsearchable Judgement of God, our King his Son had the like experience, but with much worse success. It were a work of time, and a labour to little purpose, to relate the several Sects which now do swarm; for sometimes their doctrine doth differ from their practice, and some of their errors are opposite to others, although they spring from the same root. And it is meet that errors should be divided, into sundry serpentine heads, one hissing against another: howsoever they are tied together by the tails like Samson's Foxes, to set fire both in the Church and Commonwealth. 
D. Bernard. Sermo 65.  In cunctis assertionibus eorum licet multae sunt, nec novum quid aut inauditum audisse me recolo, sed quod tritum est & diu ventilatum inter antiquos haereticos, à nostris autem contritum & eventilatum. The Ecclesiastical Histories do mention such Pests to have been ●●ciently in the Church, and these of our Age seem to be of their seed, and of the same leven and mould. Eusebius saith, that whilst new Heresies sprang up, 
Eccles. hist. lib. 4. cap. 7.  creeping one upon another, the latter taking place, the former did seem to vanish, or subdivide into many Sects, changing this way, or that way until they were destroyed, or grown obsolete and out of request. For the Church being once divided, they rested not upon any one Schism or Sect, 
Socrat. Eccl. hist.  but they fell out and severed themselves upon slight and trivial matters. People divided in religion seldom agree in matters secular: neither can religion be safe, when the Commonwealth is rend by civil discord; both suffer together, in, by and through each other. 
Socrat. Proem. ad lib. 5. Eccl hist.  When the Commonwealth hath been tossed with dissensions, the Church hath not been quiet, both at one time out of square, or the ones calamity ensued immediately after the others. And sometime when the Church began to vary in religion immediately followed rebellion against the Civil Magistrate. But we can find none, or very few of those many ancient Heretics, Sectaries, or Schismatics quarrel with Episcopacy, but all these of our time jump together in no one point so near as they do against Episcopacy. Those Christians who are now dispersed in divers parts of Africa and Asia, although they are of different Sects, do not admit of any other form in Ecclesiastical Government but Episcopal; in this they agree. The ancient Heretics and Schismatics, who were as subtle men as these new, did not quarrel at the Function, so as they might have had Bishops of their own side, or have been Bishops themselves: Their envy towards others, or their desire of being preferred before others made many become patrons of Heresies, to the great prejudice of the Church, and the peace thereof. Concerning the opposition against Episcopacy and Ecclesiastical Discipline (wherein full defence hath been made by divers learned and pious men) I shall not say much, although the matter deserveth to be more fully and exactly handled. Much may be said against the tyranny and superstition under the Papacy, and against other abuses, and personal faults, yet may we not thereby infer a necessity of the change of the Episcopal order and office into Presbytery, which is subject to as many and great abuses, as they find who live under it. It is not without just cause that those men who would be reputed learned and pious should receive blame, for their so eager and bitter contesting against the superiority of one man in Church Government, even to the rending of the Church in pieces; when they do not define or declare by the Scriptures, notwithstanding all their labour what is of necessary and perpetual obligation in this controversy. And of all those things which they have urged in their own behalf as greatly necessary for Church Government, there is no one which they have proved to be contained in Scripture, and enjoined for perpetuity: but in stead of this proof, they obtrude conjectural and slight interpretations, uncertain probabilities, and as weak inferences in opposition of the primitive and continual judgement and practice of the Church. Until the blessed Apostles less the world, there could be but little show of superiority in any but in them, and in those whom the Apostles constituted Superiors, as Timothy and Titus: 
2 Cor. 8.23.  and immediately after them there was show enough in the Churches planted by them, if we will give credit to all the stories of Antiquity, and value the practice of the Primitive Church, when the Scripture was best understood, and godliness did most abound. Our Saviour did approve of superiority in the Church, so as it were without pride and tyranny, by his saying, 
Luke 22.26.  He that is greatest amongst you, let him be as the younger, and he that is cheise, as he that d●th serve. And that Saint James was established the first Bishop of Jerusalem cannot be gainsaid. Saint Jerome whom the Presbytery account most favourable to their cause of all the Ancients, and most against the granting Episcopacy to be of Divine right, he saith, Et Alexandria à Marco Evangelista usque ad Heraclam & Dionysium Episcopos, Presbyteri semper unum ex se electum in excelsiori gradu collocatum Episcopum nominabant. Olim idem erat Episcopus & Presbyter, sed sciunt Presbyteri ex Ecclesiae consuetudine, 
Vide Distinct. 93. c. 4. & distinct. 95. c. 5.  & in toto orbe decretum esse ut unus de Presbyteris electus superponeretur caeteris, ad quem omnis Ecclesiae cura pertineret; & in schismatis remedium factum est, ut schismatum semina tollerentur; ne unusquisque ad se trahens Christi Ecclesiam rumperet. The time nearest the Apostles ought to be herein our best Directory and interpreter: Observantia proxima valde interpretativa, & dat fidem aut minuit.  
The Apostolical and Primitive practice rather than the late discipline and example of some reformed Churches, who as much of necessity as of election are fallen for the most of them unto a form of Presbyterian discipline, of which they find no use nor Character in the Primitive time. And therefore they show little candour and sincerity, who so peremptorily defend this Presbyterian discipline, and with detraction and detestation of Episcopal Government, seeing it hath been fully proved by Learned men, that the office and power of a Bishop, made ever a great difference betwixt him and a Presbyter. Neither can they conclude any thing for their advantage by the promiscuous use of those two names at the first, at which they catch. It cannot be called one and the self same order, where the offices are distinct: Diversi tituli praebent regulariter significationem diversi juris. 
* Episcopetus est ordo distinctus, in quantum est officium qu●ddam, ad sacras actiones. Aquinas. Episcopa. tus juxta veriorem & receptiorem sententiam Canonista. 'em & Theologorum, ordo est; quatenus ordo dicitur officium quoddam & potestas, respec●u qua. rundam sacrarum actionum que sacerdoti non conveniunt. Conarunias variarum resolute. lib. 1. c. 10. Amongst God's selected people there was the high Priest, the chief Governor of the house of the Lord. Jer. 20.1. Numb. 3 32.  If the offices and things are distinct, it availeth little the insisting upon words and names promiscuously used. There is not one and the same imposition of hands; and shall not it be a distinct order in itself, from whence ordination and all other orders do and ever did proceed until of late time. Neither was the office and Power of a Bishop lessened by the assistance and counsel of certain Presbyters, called Senatus Ecclesiae, but rather strengthened and supported by that ancient and laudable course. There doth not appear in Scripture any commission given to any assembly of Presbyters by our Saviour to govern the Church without a Bishop or Superior in whom was the power of Ordination and Imposition of hands; although by the ancient Canons, 
Distinctio 24. c. 6. causa 15. qu●st. 7.  Episcopus sine consilio Clericorum suorum Clericos non ordinet, it a ut Civium conniventiam, & testimonium quaerat. Neither is there any example in Scripture of any delegation of power of Censures or Government derived from the Apostles to any College or Assembly of mere Presbyters. If these men will peruse the Canons of the four first general Councils, which Calvin saith, 
Institut. 4. c. 19 Et in lege Constantini Imperatoris, sancimus vim legum obtinere Sanctas Ecclesiasticas regulas quae à Sanctis qu●tuor primis Cenciliis exposi a sunt. Novel. 131. cap. 1. distinctio: 15. c. 2.  libenter amplectimur & reveremur, they shall find enough to justify the office and superiority of Bishops, and to give them satisfaction of the necessity of that Function, if wilful ignorance and the spirit of delusion and contention doth not still prevail. They cannot show that ever any Church upon the face of the earth hath ever been ordered by their discipline, until this later age, or hath not ever been under Episcopal government since the Apostles time. 
* Exceptis Haereticis Macedonianis qui pro certo tempore non habthant Episcopum, sed sub solis Presbyteriis e●ant. Sosomen. Eccles. hist. lib. 8. c. 1.  Neither can they by their doctrine and manners, or by any other means induce those who are in no respect behind them in learning, prudence and piety, to believe that they and not others have had the clearer lights, and more divine inspirations. Saint Paul meeting with such men, saith unto them, 
1 Cor. 14.36. Luk. 11.35.  What came the word of God out from you, or came it only unto you? Take heed that the light which is in thee be not darkness.   

CHAP. II. Of the Presbyterian Government in the Church; The practice in the Primitive times; Touching the election of Pastors and Ministers in the Church, and their maintenance by payment of Tithes  
AS they would have it granted that their Presbyterian Government is only of Divine right, so would they also have it granted, that nothing is to be used in Church Government, but that which hath direct and express warrant in Scripture, and that all discipline and order in the Church, aught to be reduced to the primary purity of the Church, which is not possible in many things, neither necessary or expedient in these corrupt times, and latter age of the world. An exact form for all Church government and discipline is not to be found expressed in the Scripture. For one cause of so many general Councils in the first times, and shortly after, was to make Canons and Constitutions for the external Government of the Church, which had not needed, if such a perfect Platform had been delivered in the Scripture, as these men do imagine. We find of necessity, Aliter in constitutà Ecclesià, aliter in constituendà. Some things are sit for the present, which for the times past were not convenient, according to the old saying, Nunc aliud tempus, alii pro tempore mores. Cicero had just cause to be displeased with Cato, who living in a corrupt State, sought to have all things carried as though he had lived in Plato's Common wealth. New laws may be made, but not new men, neither the present manners of men altered, or reduced to the old. It was wisely said in the Imperial Law, That the looking back too curiously into the times of old, and seeking to reduce the present to that which was past, erat confusionis potius quam legislationis. Laws look not back, they may well be made to look forward, and for the future, but they must of necessity be made fit for the present time, which man cannot overrule. 
Aul. Gel. lib. 20. c. 1.  Legum opportunitates & medelas pro temporum moribus, & pro rerum publicarum generibus, & pro utilitate praesentium mutari atque flecti. The ancient good discipline may well serve for our instruction, which neither may, nor can all serve for our imitation. Respect is to be had unto the times of old, and we are instructed by God's word to ask of the days of old, to remember the days past, to ask for the old paths, but not enjoined to follow them in all things, 
Jerem. 6.16.  and in all times. We find in the Scripture things of Apostolical institution, changeable, and not appointed for perpetuity. Many offices and ministeries in the Church at first were soon changed, as the electing of widows for some services; the manner of instituting and ordering of Pastors and Elders (not lay Elders) and for the raising their maintenace, which in the primitive times when the Church was in the Infancy, and under Persecution, before Tithes were established, did rise from the free Benevolence of men, who were of one heart and one soul, and sold their goods, 
Acts 4.  and laid the moneys at the Apostles feet: those who held the unity of the Spirit in the bond of Peace, and needed not the tye and coercive Power of Laws: Talem primum Christianorum conventum suisse, 
D. Hierony. mus.  quales monachi esse imitentur et cupiant esse, ut nihil cujusquam proprium sit, nullus inter eos dives, nullus pauper: nec confundebant Christiani dominia; bona egentibus in common conferebant ut perinde ac domini eis uterentur, fruerentur. But now how ill would it be, if all kind of standing provision for the Church, and for the Ministry were taken away and their estate made dependent again upon the voluntary devotion of men, and subject to the mutability of times and changes in Commonwealths; as likewise if the people should now have that power as at first, in choosing their Pastors and ministers? The people in the primitive times, if they had a great power and part in the election of their Pastors, they well deserved it in respect of their great Piety, and moderation. It were very inconvenient they should now use the same course in their elections, seeing the people are over numerous and humorous, diversely and contrarily affected and disaffected, as are likewise the Ministers and Clergy. Such power doth not appear to be given to the people by God's word, as they who flatter them do pretend. In the Council of Laodicea those popular elections were forbidden, which prohibition Origen saith was in his time, in respect they were carried with tumultuous clamours, favours and rewards. 
Instit lib. 4. c. 3. num. 13.  Calvin writing of the choosing of Ministers, and of those who ought to have the choice, he doth not grant it to the people, but saith hujus rei certa regula peti non potest. And in the Church of Geneva, there is not any or very small sign of any Popular Election. We find in the Primitive times the People's concurrence by some suffrage or approbation, per signum, sermonem, aut silentium liberum; and this is as much as is now allowed them by the best Divines of the Presbytery: 
Cap. ult. de electic. Duarenus & Alii. D. Cyprian. epist. 4. lib. 1.  Ita ut omnes audiantur qui ordinationis impediendae causa objicere quidpiam voluerunt, as in the ancient Canons. But there are varieties of judgements in divers Canons concerning the election of Pastors, as whether it must be in the presence of many standers by, or at the request of the people, or with their testimony, or with their consent, or by their election and voices. And then it is a question whether the greater number present, shall by their voices conclude all the absent who are interessed, although they are the greater number. 
*  sit in Electione Clericorum consensus Cleri, & Plebis & Honoratorum Testimonium: Imperatcribus vero & Principibus electiones Romanerum Ponti●icum atque aliorum Episcoporum referendes esse, usus & constitutio tradidi ●; pro schismaticorum atque hareticorum dissentionibus quibus nonnunquam Ecclesia Dei concussa periclitabatur. Distinctio 63. cap. 26, 27. Ita erat per vetustiores Canon's,  This popular concurrence in these elections is almost universally abolished (some character thereof may remain in some Churches) and it is swallowed up in the right of Patronage of Churches; for when Princes and Lords of Manors erected and endowed Churches, and thereby much disburdened the People by being thus beneficial unto their Churches and Pastors; those Lords for their bounty, were called and constituted Patrons of those Churches, and had the right of Presentation of Clerks to them and their heirs in those Churches. Qui Ecclesiam aedificat, 
Novel. 57 & 123. cap. 18.  aut de suo praebet Clericis annonas, jus habet instituendi & substituendi Clericos, dummodo eos prius commendaverit Episcopo, qui eos admittere debe●t, si Dei ministerio digni sint, as it is in the Imperial Law. And so by the Canon Law, Hoc jus nominandi sen praesentandi Clericum competit ●i, 
C filiis 17. quest. 7. Dua●. ren. de benefic. & minist. Ec. cle. lib. 5. c. 4.  qui fundavit, vel collapsam Ecclesiam restituit, vel dotavit, vel reditum certum largitus fuerit. This right of Patronage and presentation to Benefices the Common Law and Statutes of England do grant, and the laws and customs of other Kingdoms, as well as the Civil and Canon-lawes. So as the Clergy men are not constrained to live any longer upon a part of those common contributions and dividents of moneys raised in the infancy of the Church, of gifts proceeding from the pious zeal of ancient and venerable Christianity, but upon their Tithes and Glebe-lands assigned unto them: and the Parishes also being set out and divided, and several Pastors placed in Churches under the Bishops of several Dioceses. And yet divers men through a wild fancy, or to slatter the people, as they would have the power of electing the Pastors to be in the people, so would they have their maintenance left unto their will, or to the mutable and arbitrary orders and decrees of Judges and Magistrates; which would be a ready way to bring the Clergy into poverty and contempt, as being then reputed but as Alms-men of the People, or as Tenants at will. Others would have their maintenance set out and assigned in money, and not in Tithes. Some quarrel with Tithes out of covetousness, some through ignorance, not considering that Tithes have been out of much prudence and equity anciently and universally dedicated to the necessary service of God and his Church, or rather still continued since the levitical Priesthood was abolished, and they will ever appear upon due consideration had of all times and things, to be the most necessary, natural and equal, and in all respects the best maintenance for the Clergy, and subject to least exceptions and inconveniences. And let them also consider who so little regard Tithes, and think they were due only by the Ceremonial Law of the Jews, and not by Evangelicall Precept, whether being since again restored and dedicated universally under the Gospel by positive laws and customs of nations to the necessary service of God and sustenance of the Clergy (which is required of us by the express Evangelical law) they are not now become again a sacred tribute and Gods right. Ananias keeping back a part of the money consecrated to the service of God and his Church; 
Acts 5. Institut. de rerum divisione. L. 1. Cod. de Sepulch. violate. Res quam devoverit quis Jehovae, sanc●a sanctorum est Jehovae. Leu. 27.28. Covaruvias. Duarenius & alii. L. 14. Cod. de Sacr. Eccles. sub poena Sacrilegii. Novel. 7. c. 10. Heb 7.  we find how he was punished for his sacrilege. Quod divini juris est, nullius est in bonis: Res religioni destinatas, & jam religionis effectas, qui scienter emere & distrahere non dubit averint, tamet si jure venditio non subsistit, laesae tamen religionis inciderunt in crimen. Sunt tamen aliquae res Ecclesiasticae, quae non deputantur ad Altaris ministerium, nec ad cultus divini celebrationem, ut domus, agri, prata & similia; quae sunt bona temporalia Ecclesiae quae possunt certis casibus alienari: licet lege imperiali indistinctè dicitur, Patrimonium Ecclesiae, sicut ipsam sacrosanctam Ecclesiam, illaesum & intactum custodiri. If, they will have a stipend in money to take place in lieu of Tithes, when the thing itself may as well be had, and with more reason be retained, what reason have we then to look after the Analogy and substituting of a new thing of a different nature? The Apostle saith, there was a disannulling of the Commandment for the weakness and unprofitableness thereof: but this old Law of Tithes cannot be in the rank of the weak & unprofitable Ceremonial Laws, which were a shadow of things to come. Neither can they prove that Tithes were only appropriated to the Levitical Prieithood; God did not found them in that incorporation, but transferred his own right to that order of Priesthood, which order ceasing it cannot therefore be inferred that the same right ceased, and did not descend to the Evangelical ministry. Before the Law given Abraham paid, and Jacob vowed the Tenth part. And the Gentiles who lived without the Divine positive law, did repute the Tenth part as a due by a religious Right, as profane Authors do testify. God did call the detaining of Tithes the robbing of him, and for punishment thereof the Heavens were shut up from giving rain, 
Malach. 3.  and the palmer-worm and the grasshopper sent to devour the fruits of the earth. God is no less careful of the Ministers of the Gospel of his Son, our Saviour, than he was of the Levitical Priesthood: the Ministry of the Gospel being more excellent in nature, more eminent in dignity, more profitable in use; and therefore we ought also to account of our Pastors as the Ministers of Christ, and stewards of the mysteries of God. 
* Plerique dicunt, praece. ptum de decimis Leviticis solvendis non emnino Ceremoniale, aut Jadiciale, sed morale fuisse, atque sub lege etiam Evangelica vigere, nec antiquatum fuisse. Ita ut decimas etiam hodie, Jure naturali, divino a● Evangelico debitas esse. Alii dicunt decimas quanlum ad quotam partem, quae verè decima pars est, jure humano institutas suisse sub lege Evangelica, nec earum institutio est hodie, ex jure naturali aut divino, quo ad certam quan●itatem, sed ad congruam sustentationem Clericorum, & in laboris impensi justam mercedem. Covaruvias. The objection made, that Tithes were due by the Levitical law which is now abolished under the Gospel, is of little weight: which although it be granted, yet those judicial Judaical laws do still retain vim exemplarem, although not obligativam, & cum divinitùt institutae fint, in iis ostenditur quid Deus approbavit, & deservire possunt per modum exemplarium, seu directivum, ad imit andam prudentiam & equitatem earum in multis: and as Calvin saith, lib. 4. c. 4. num. 1. Institut. In iis rebus utile erit veteris Ecclesiae formam recognoscere, quae nobis divinae institutionis imaginem quandam oculis repraesentabit.    

CHAP. III. The inconveniences that happen by the alterations of Government, in the Church and Commonwealth; Of Ceremonies used in the Church-Service; Of tender consciences; Of the coercive power of the Magistrate in matters of Religion.  
ALthough it be true that all the Divine Laws extend not their power of binding in all times, and to all persons; and that positive Laws Ecclesiastical must be fitted to the times and manners of men, as hath been said before, yet great consideration ought to be taken, of the difference and variations of times, and of other circumstances, reasons, and inconveniences, before any new Laws, Orders or Discipline either in the Church or Commonwealth be imposed, or the old and inveterate Laws and customs repealed and abrogated. Aristotle saith, That to give a sound judgement of a Law, is one of the weightiest things that a man can take upon him; for we ought not only to look simply upon the nature and quality of the things in themselves, and in abstract, but how they stand in relation, and connexion with other matters and things of long establishment, and of great importance, lest by the removal of that against which our fancy doth run, we endanger the shaking, if not the subverting of it, and other things, which the trial of time hath found very profitable and necessary. Tales leges quas ne usus quidem longo tempore (qui unus est legum corrector) experiendo argueret: 
Livius.  tales leges tollendo, caeteras leges infirmari: And so the People learn to under value all Laws of what kind soever, and to repute them of no weight and efficacy, longer than they are supported by the hand of Authority. 
* Leges quae non in tempus aliquod, sed perpetuae utilitatis causa in aeternum latae sunt, non sunt abrogandae, nisi quas aut usus coarguit aut s●●us aliquis Reipublicae inutiles ●ecit. Li, vius lib. 34. Non ob quamcunque causam melius quidpiam adserentem ●utanda est lex, sed tunc quando usque a●tò excedit, ut damna detrimentaque compensat, quae legis mutatio, suâ aptâ naturâ secum assert. Soto de Justitia & jure.  Some things which are not unlawful or evil in themselves, are oftentimes well prohibited, when there is just cause of fear, lest a way be opened for doing of things unlawful and hurtful: So doth it often fall out, that some things unnecessary in themselves, as to the purpose and end whereunto they were at first applied, are very prudently still retained, in respect of some new accidents arising, or by reason of the coherence they have with some other thing of greater use and necessity, 
H●●ker. Eccles. Polity. Dio●ys. Halicar.  lest the taking away of the one should destroy the others, and bring disorder and confusion in the Commonwealth. It was well said by a man of great Judgement; that he could not approve of the utter abolishing of certain anuent customs, although grossly abused, seeing the inconventences that thereby would ensue; but rather that some redress or qualification were sought by the prudence of those in Authority. 
Sent●a.  Sapi●ns potius apt at quam mutat. Saint Augustine saith, of some evils in the Roman State which were long settled, tam vetustam iniquitatem convellere, periculosum erat: for it fareth better with that Commonwealth, which doth observe and keep their ancient Laws and customs, although they are not of the best, 
Thucydides.  then with those, who have the best, and are inconstant in the use and observation of them. Julius Caesar said of Cato his mortal enemy, that he shown himself both a good man, and a good Citizen, by opposing the changes of the State and Government: 
Sallust.  mutationes in Republica caedes & hostilia portendunt, especially if the changes and alterations are driven on by violent and pertinacious Spirits, who if they obtain their desire in having any ancient Laws and customs changed, their Country shall find the smart, as did the Roman State, 
Valerius Max. lib. 9 cap. 1.  when the Senate yielded thereunto, quia non providerunt, ad quod tenderet pertinax studium eorum, & quò se usque effusura esset victrix legum audacia: 
Livius lib. 1.  tentari patientiam, & tentatam contemni, ut si jugum acceperint, obnoxios premat. As some men ask unreasonable things, but to draw others to yield unto that which is reasonable, so others by granting unto some men more than reason doth require, do embolden them to press more unjust and insolent demands. The alterations in the State and Government procured by those who have the supreme authority, if they are not discreetly handled, and effected by degrees in an orderly course, and carried still on with the ease and contentment of the people, they will in short time be disquieted, and either turn back into the old way like sheep driven, or violently run headlong into some new. 
Sallust.  Jus quod invaluit, quod viget, quod inharet animis hominum, non semel sed pedetentim tollendum esse, quoniam Populus non facile dediscit aut deutitur quod insnevit. And therefore those Innovators who try experiments upon a State, and upon the people's disaffection to the present government, and thereupon lay the chief foundation of their designs, without some other stronger assurance, have often failed, and have found themselves and others with them utterly ruined, through the sudden and violent ebbing and flowing of the People's passions and affections. The fear of this caused the Roman State, when they had expulsed their King Tarquin, not to rest upon the People's present violent hatred of the Regal Government, and their oath freely taken, never to admit Monarchy, but for the future security of their usurped Government, the Senate gave the People the spoil of all the King's goods, and of theirs who adhered unto him, ne quis expers sceleris esset, saith Livy, that there might not be any who had not a hand in that foul fact: and thus to set farther all hope of reconciliation with their King: yet unto this the Senate added (as the most effectual means to assure the People's affection) their continual carefor provision of corn, victuals and all necessaries at cheap rates, together with freeing the Commons from heavy taxes and burdens, and laying them upon men of most wealth and ability, and upon Commodities superstuous and least necessary. For the State being not come unto full growth and maturity, might by many accidents have been destroyed, 
Livius.  had it not been fostered and trained up por tranquillam moderationem Imperii, et per multa blandimenta Plebi por id tempus ab Senatu data, by a gracious Government, and by entertaning the Commons at that time with courtesies and favours. By which smooth dealing and indulgence of the Senate and Nobles, the City was afterwards kept in liking of their new Government, notwithstanding the strong opposition of the Tarquin's and their party, so as the meanest as well as the highest who were most engaged and interessed, continued altogether in the hatred of Monarchical Government, and in the love of the new. The alterations in the Church and the government thereof how pernicious they are, we find, especially being wrought by faction, violence and tumults, Vim Patriae afferri, as Cicero saith: These cause great distractions in the minds of men, raise daily cross and counterspirits, occasion the Religion professed and established to be traduced, and do open an entrance to Atheism, and to the weakening of all those facred bonds, which preserve all Laws and obligations in humane society: For than oaths are not regarded by those men, nor the consciences of any other men, in their pressing these Alterations in the Church, neither the conscience of their Sovereign, nor his solemn oath at his Coronation, which oath is a supporter, and an Epitome of out Magna Charta, the confirmation of all our liberties. By which oath the King is obliged to save and keep inviolable all the rights and liberties of his People, and also those of the Church. This oath they enforce the King to break in as much as concerneth the Church and the rights thereof, and leave the People to the challenge of their rights and liberties by and from the virtue of this broken oath. In both Kingdoms of England and Scotland he took an oath, 
Episc. Winton. Tontur. Ton.  de conservandà in statu suo illo colendi Dei formulà quae publicè recepta & utriusque gentis legibus stabilita esset. Their consciences some of them would seem much to regard this, in which respect, they pretend, that they cannot admit the Common-Prayer Book, neither those Ceremonies in the Church which are by Law established: and yet most of them although they cannot swallow a ceremony, they can devour that which is holy, and account it no snare, 
Prov. 20.25.  even as easily as they can digest their wilful breach and violation of the oaths of Supremacy and Allegiance, in ordine ad spiritualia, for the advancement of the holy cause, and the Kingdom of Christ. But Calvin giveth them a rule for their consciences concerning Church Government, and concurreth with Melanchthon, men in great esteem when their Presbytery was in the infancy, viz. aliquando aliquod onus & aliquam servitutem tolerandam esse, si non sit iniquitatis sed pressurae, lest by being over indulgent to our weak and erroneous consciences, we give an offence to others, violate the Peace of the Church, and show our contempt of Authority, and of that which hath been established with prudence and piety. We ought well to consider what things are of Divine right and precept, and what are properly, positive and Ecclesiastical constitutions; what things are of Divine Right according to the matter and substance, and are of humane institution according to their forms prescribed: All are of weight, although not equally: What ought to be perpetual in the Church, and what is changeable by positive Laws; What is Moral, what is Ceremonial, lest the defects of our judgement cause us to abound in our own sense, and lead us into an erroneous or perplexed conscience. Some things are of Divine institution and right, yet do not always belong unto faith; 
Bish. of Winchest. Epist to P. Moulin.  they belong to the agenda or practise of the Church, to the credenda or points of faith, they may not properly be referred: Somewhat may be wanting that is of Divine right, at least in the external Government of a Church, and yet salvation may be had there, and that Church may stand without it. Moreover, although the constitutions of men, are not of force in themselves to bind the conscience, yet do men sin in wilfully disobeying such Laws and constitutions, as are by Lawful Authority established, when they can show no other cause for their disobedience, but their conscience, neither bring any warrant out of God's Word. In the supposed purest reform Chuches, there are some Ceremonies enjoined, 
Psalm 29.  and are not without punishment contemned, and some must be if we will serve God in the beauty of holiness. Calvin alloweth such Ceremonies as tend to the perspicuity of doctrine, as being profitable allusions and iliustrations, and having divine significations: such Ceremonies, saith he, as be paucae numero, observatione faciles, significatione praestantissimae. In the ministry of the Church there ever have been some Ceremonies ordained for order and decency, and also for signification: Ceremonies tending to edification signify, moral duties and works are signified. Such rights and Ceremonies as are not repugnant to God's Word, neither apt to lead men into superstition and to will-worship, but serving to edification and decent service, so as the Church be not burdened with the multitude of them, nor the essence of Religion placed in them, although some of them have been in part used by Pagans or Papists, lest upon such restraint we press too much servitude upon the Church. We cannot take in too many helps for our performance of Religious duties, for the exaltation of God's glory and goodness, for the more decency in his service, for the manifestation of our duty of thankfulness, and for the furtherance of our devotion, so as Superstition and Will-worship be restrained. And in all this if men should be left to their own wills, the Church of God would always be perplexed and grieved, and the peace thereof dislurbed with infinite Scandals both given and taken. A great evil it were that order and decency should break the Communion of Saints, which hath been so piously instituted for the preservation thereof, and the increase of devotion, and the manifestation of our thankfulness to God for all his benefits. They ought to find other causes for their dislike of Ceremonies, then because some of them were used in time of Popery. The Reformed Churches retain some things used in the Roman Church. And they use the Churches, which not only the Papists enjoyed, but some Churches which had been Temples of the Pagan gods. If they quarrel with our Ceremonies, because they were used in the Roman Church, without any other reason, they are like those who hate men for other men's sake, or because of the company wherein they find them. They will not consider that those things which have been superstitiously abused, may be made useful for the service of God, 
Judges 6.  who did command the wood of the Grove dedicated to Baal, to serve for the use of his Sacrifice. And Jericho an accursed City, all in it was to be destroyed by fire, 
Joshua 6.  but the silver and gold, the vessels of brass and iron were put into the House of God. Constantine and other Christian Emperors abolished Paganism, and made it death to worship their gods, yet they preserved their Temples and other things, 
L. 3. & 1.4. Cod. de Pagenis.  as appeareth by the Imperial Law: Sacnisicia templorum prohibemus; publicorum operum ornamenta servari jubemus, & festos conventus civium, communemque omnium laetitiam non patimur submoveri, unde absque ullo sacrificio & superstitione damnabili exhiberi Populorum voluptates, secundum veterem consuetudinem, ac ministrarietiam festa convivia, quando exigunt publica vota, decernimus. Neither ought we to abolish our fellivals in memory of our Saviour's Nativity, Resurrection and of Pentecost, because they are vestigia legis antiquae Mosaicae, and seem to be borrowed from the Mosaical Rites and Ceremonies. The verses and say of the Heathen Poets dedicated to the Muses, and to their gods, not only holy men, but also the Apostles used, not so that our faith, faith the Apostle, 
1 Corinth. 2.  should stand in the wisdom of men, but in the power of God. The use of humane learning is not to be contemned, by those who would be reputed learned in Divinity: qui liberales illas artes imbiberunt, carum subsidio adjuti, longè altiùs provehuntur ad imrospicienda divinae sapientiae arcana. 
* Calvin. Inslit. lib. 1. c. 5. n. 2. Ad intelligentiam sacrarum Scripturarum secularium peritia & liberaltum Artium est necessaria. Distinclio. 37. Quicquid de ordine temperum transactorum indicat historia gentiumplutimum nos adjuvat ad sanctos libros intelligendos: & quaecunque de locorum situ, naturaque animalium, lignorum, herbatum, ●liorumve corporum scripta sunt; sendimque cognitionem valere ad aenigmata soripturarum solvenda docuimns. August. de Doct●ina Christiana lib. 2. Jalianus Apostata interdixit Christianis usu Poeticae Rhetoricésque ac Philosophicarum artium; nempropriis, inquit, ut inproverbio est, pennis configimur, ex nost is enim libris aima copiunt quis but in bello adversus nos utantur. Theodoreti Ecclos. hist. l. 4. c. 8. An ipse non est Ecclesiam persecutus qui Christianos liberales artes dosere, & discere ve ●uit? August. lib. 18. c. 52. de Civit. Dei. Licet à civore abstinuit, & non Christianorum corpora occidere, sed ex corum animis Christum revellere miris artibus technisque attentabas, quod est genus persequendi omnjum efficacissimum & porniciocissimum. Ita effecium est ut plures hac calamitate abcesseriot ab Ecclefia, quem ulla alia superiore. Lud. Vives.  We ought to take heed of those who under colour of Incorformity with the Church of Rome, and of their desire of the utter extirpation of all relics of Popery, seek to set dissension in the Church, and to root up some of the most effectual means which beareth up the state of Religion and the pillars thereof, and so make way to profanation, and to Atheism, to enter and build upon the ruins of the Church. Our Rites and Ceremonies by law established in the Church of England, were not such as did peculiarly belong to this or that Sect, but were the ancient Rites and ceremonies of the Church of Christ, and we have still the same reason for the use of them, and the same interest in them that our forefathers had. That our Rites and Ceremonies, which we have common with the Church of Rome, are scandalous in their nature and institution, they cannot make appear, neither do they endeavour it more than by their general clamour, which implieth nothing. That some Rites and Ceremonies we retain which have been polluted, yea, and some peradventure instituted at first for and unto that thing which was evil, although they can prove, yet in tract of time, and by prudent qualifications applied, that pollution and impiety may be worn or wrought out, and a good use may be found without offence. And although divers Constitutions and Ordinances in use in our Church were made at first under the Papal authority, yet they being such as were not repugnant to the Word of God, nor the Laws and Statutes of this Realm; and some others of those Canons and Constitutions having been purged from superstition, they appear full of sincerity and equity, and so were indenized and made English by our Church and States in Parliament; and are now in that regard no more to be abandoned, than Wheat, because it is said to be invented by the goddess Ceres, or many excellent laws of the Romans set out at first by paynims, and by cruel persecutors of the Christian faith, and are since made of excellent use over all Christendom. 
* Philosophi & meximi Platonici siqua fortè vera & fidei nostrae accommoda dixerunt, non solùm formidan. de non sunt, sed ab ils etiam tenquam injuflis possessoribus in usum nostrum vendicanda. August. de Doctrina Christiana, lib. 2. De bono & necessario usu dectrinae & alierum rerum Paganorum & Gemilium. Socrates Eccl. bist. lib. 3. c. 14.  But let the Lawgiver or Magistrate be never so careful to satisfy erroneous or tender consciences, he shall never cut out his work to fit every man's conscience or humour: yet when as things enjoined by lawful authority, are in themselves indifferent, and without just exception, or that the matter hangeth even, or doubtful, the weight of Authority must turn the scale between the Magistrate, and the man of a weak conscience, lest the Magistrate by neglecting his duty bring a scorn upon his authority, and suffer a scandal to be given unto all others. For although the tender conscience hath cast judgement on the thing as simply unlawful, and just cause may be for a time to give him respite to rectify his conscience, yet still doth his tender conscience draw him upon the rock of disobedience and contempt of Authority, and giving ill example and scandal, from all which the following of his tender conscience cannot excuse him, especially if he be in an error, neither any other pretence, if he may find the means to rectify his conscience, for he is not then led by invincible ignorance, which, as the Schoolmen say, is, purae negationis, but rather by a supine negligence, or an affected ignorance, which is termed pravae dispositionis. Through ignorance, 
Eph. 4.18.  saith the Apostle, Which is in them, because of the blindness of their hearts, having their understanding darkened. Distinguendum est an pro certo sciat homo, an conscientia pulsat animum ex credulitate probabili & discreta; an ex credulitate levi & temeraria, 
Cap. 44. Decretal de sentent. excom.  ne contra legem, vel contra judicium conscientiae committat offensam. 
Alberic. Gentil. & alii.  Insipida est consciemia, quae rationis & scientiae salem non habet: non debet quis sibi de eo facere conscientiam, quod non potest explicare secundum rationem veri & constantis judicii: nec conscientia dubia, est conscientia; alias come dubitare de omnibus possit, ctiam de indubitatis, ae etiam sine ratione, quid est quod dici dubium non possit? Into these perplexities do men fall and often draw others by fostering and cherishing of an error, whereby they seem to take as fast hold of the error, as the error doth of them, and so they fall into the number of those, who do err in their hearts, and not only in their heads. If our Christian liberty, which ought to be subordinate to charity, we ought to moderate and restrain, rather than offend the weak consciences of others; we ought certainly to endure, in things of their own nature indifferent, the restraint of our liberty by Lawful authority (unto which we must be obedient for conscience sake, faith the Apostle) rather then to offend the Law, and violate the Peace of the Church: Qui contra pacem Ecclesiae sunt, si dignitatem aut cingulum militare habeant, nudentur eye; si sint privati nobiles, 
Causa 24. quast. 1. c. 32.  suarum substantiarum proscriptionem patiantur: si sint ignobiles, non solum in corpore verberentur, sed exilio perpetuo castigentur. If we look for a Church where there are no scandals given to men's consciences, neither any inperfections and defects, we must go out of the world; for we shall find none, but only the triumphant Church in heaven. There may be a true Church where there are imperfections, so as the essential marks and properties thereof are not wanting. If amongst the Corinthians the Church did remain, in respect of the Ministry of the word and Sacraments, notwithstanding their Sects and corruptions, and which was worst, many of them had even in derision the doctrine of the Resurrection. 
1 Corin. 15. Galat. 1. & 6.4.11.  If also amongst the Galatians great backsliders and full of corruptions the Apostle acknowledged a Church, wherein salvation might be had, he would certainly have condemned such men as our new Professors, who for much slighter causes make a separation, and break the peace of the Church upon dislike of all Ceremonies and discipline, that is not of their own invention. The Apostles delivered not express and particular order for all Church Government, but left most of it to be accommodated to the times and occasions, as might best serve for edification and the Service of God. And so touching Ordinances and customs in the Church, which men ought to observe, and those who are contentious, and given to innovations, the Apostle taketh them off with this saying, We have no such customs, neither the Churches of God. In his rebus de quibus nihil certi statuit divina Scriptura, mos populi Dei, & instituta majorum prolege tenenda sunt: & sieut praevaricatores divinarum legum, 
●t D. August. Decret. Gratian. Distinct. 11. c. 7. Qui etiam dat hanc regulam; ut quae consuetudines non sunt contra fidem, neque contra bonos mores, et habent aliquid ad exhort. tionem vita melioris, ubicunque institui videmus, non solùm non improbemus, sed etiam laudando & imitando sectemur: Epistola ejus ad Januarium.  ita contemptores Ecclesiasticarum consuetudinum coercendi sunt. But these innovators are not ruled by any customs and Laws, but such as please them. They still urge without bringing any proof, that nothing should be established in the Church, which is not expressly commanded in the Word of God; and that their Presbyterian discipline is only of divine right: wherein they deal unjustly in requiring express Texts of Scripture from us, which is not needful, whereas they in their own cause obtrude upon us peremptorily things they call necessary, for which they cannot bring any positive, express or probable warrant out of God's word, or from thence to be probably deduced and inferred. They catch at every Text of Scripture as their fancy leadeth them, according to the old and usual course of Heretics and Schismatics, to prove their own, and destroy the old Church Government, without any consideration of the Expositions of the Ancient Fathers, or Modern Divines, or any regard how wilfully they pervert and abuse the Word of God, as those who have largely and learnedly handled these points, have made appear. 
* S. Hierome showeth us such men in his time, qui quicquid dixerint, boc legem Dei putant; nec scire dignantur quid Prophetae, quid Apostoli senserint; sed ad sensum suum incorgtua aptant testimonia, quasi grande sit & non vitiosissimum docendi genus depravare sententias, & ad voluntatem suam Scripturam trahere repugnantem. Epist. ad Paulinum. The unlearnd and unstable wrest the Scriptures unto their own destruction. 2 Pet. 3.16.   
But seeing they deal thus with the Scripture, it cannot be expected they should regard humane Laws, neither the power given by God to Kings and to his Church, and to make such Laws as carry with them both a directive and a coercive power. Such Laws and Constitutions, I mean, as are in no respect repugnant to God's word, but are deduced from the general rules thereof, and grounded upon the varranty left by our Saviour and his Apostles as guide's and limits for the Church in all ages. Humane laws are measures, saith Aquinas, in respect of men whose actions they direct and govern, and these measures have their higher rules by which they are to be measured, which are the laws of God and nature. Those Laws therefore have the essential parts and properties of the best positive Laws, which the Laws of God do approve, and are such as are extracted from the light and law of Nature, and the common and demonstrable precepts thereof, most agreeable to common equity, and are most necessary for the preservation of the peace and welfare of the Church and Commonwealth. It is therefore a false and dangerous doctrine of theirs, that it is not in the power of the Church or State to restrain and bar men by Laws from their liberty, which God hath granted unto them, no more than it is to take away the yoke which God hath laid upon them, and to countermand that which he hath expressly enjoined. They may find a difference between the liberty granted us by God and nature, which is restrainable, and the eternal precepts of God which are immutable. By this doctrine the power of government is so restrained, and so weakened, as that the frame and pillars thereof are shaken, and the difference almost taken away between the things of greatest weight, precisely defined and enjoined by the Word of God to be observed always (as are those which the Schoolmen call his negative precepts) and those other things of less moment, which have little or nothing of precise and perpetual commandment, but more of liberty granted unto men by God and nature, and yet not exempted from the power of the Church, or Magistrate, to alter or restrain according to special occasions and variations of times.  
In this miserable age wherein we live, we are to deal with men, such as the ancient times never produced; men who rest not upon the disobedience of Princes and contempt of Laws Divine and humane, but teach and practise the introducing of new orders and discipline in the Church and State by sire and sword, and do destroy those men and their estates who join not with them: Men who gather themselves together against the soul of the righteous, and condemn the innocent blood. 
Psalm 94.21.  Such men are not to be found, save in the time of Antichrist, mentioned by the Prophet, who shall wear out the Saints of the most High, and think to change times and laws. 
Daniel 7.25.  The doctrine of the Gospel, much less the Discipline of the Church, ought not by such means in any case to be brought in, or established: Apud Christianam disciplinam magìs occidi liceret, 
Tertul. Bernard.  quàm occidere: non est religionis cogere religionem: Religion saith Saint Austin is planted and preserved by instructing more than by commanding; by admonishing more than by threatening. 
2 Corin. 1 24 Cap de Judaeis Dijlinct. 45.  Not that we, saith Saint Paul, have dominion over your faith. Praecipit sancta Synodus nemini ad credendum vim inferri, cui enim vult, Dous miseretur, & quem vult, indurat. The sword availeth little with the souls of men, unless to destroy them together with their bodies, and to make men desperate, or dissemblers in Religion, and when they find opportunity, to fall into rebellion, as there are many examples. The old just and necessary Edicts made by the best Christian Emperors against Heretics, and those who were of a contrary religion to that which was publicly received and established, were but Civil and Political Laws for the tranquillity of the State and People, quae pacis perturbatorum pervicaciâ exasperanda sunt, parentium et obtemperantium bono temperandaet moderanda sunt: 
Thuan Epiff. in prin ipio Hist.  and this K. James declared, when he set forth the oath of Allegiance. Those Imperial edicts did not punish men for their diversity of religion, neither gave them toleration: their scope and end was not to enforce the conscience, 
D. Hieronym.  but to preserve the Peace. Aliae sunt Leges Caesarum, aliae sunt Leges Christi: alind Papinianus, 
Epist. 48. & 50.  aliud Paulus noster docet. And yet Saint Austin doth allow of the punishment of some heretics by pecuniary mulcts or banishment, as being not repugnant to Christian lenity, and showeth that many of the Donatists were by the terror of Laws and edicts brought to the Catholic Faith, and to unity in the worship and service of God. 
D. Bernard. ser. 66. super Cant.  Aliqui meliùs procul dubio coercentur gladio, illius videlicèt, qui non sine causa gladium portat. Rom: cap. 13. quàm ut in suum errorem multos trajicere permittantur. Some discreet coercion may oftentimes necessarily be used towards those who contemn or neglect the service of God, and the preaching of his word, the means of salvation, The parable of the marriage feast saith, 
Luke 14.  compel them to come in, that my house may be filled. Melius est cum severitate diligere, quàm cum lenitate decipere. 
Auguslin.  Parcere alienis peccatis quae dedocere & objurgare debemus, hoc est, propter quaedam cupiditatis vincula, non propter Charitatis officia. But in the ancient times of Christianity, such means were not used, as might make Heretics & Schismatics more obstinate, then docible, through the preposterous proceed of the Magistrates and Ministers of justice in the execution of penal Laws, used rather as snares for gaining of money, and pecuniary mulcts imposed, rather as prices set upon offences, then as punishments for the reformation of manners. Such Magistrates administering Justice in such manner are obeyed non tanquam Rectores morum, sed tanquam dominatores rerum; 
August. de Civit Dei lib. 2. c. 20. L. 1. Cod. de second nup. Tit. Cod. de Caduc. tol.  eosque non sinceritèr honorant, sed nequitèr & servilitèr timent. The Roman Law herein giveth a good direction, ne in iis quae ad correctionem morum spectant, & inducta sunt, fisci rationem habere videamur: & Lex Julia de caducis, ultimum locum dat fisco; nam quod communiter omnibus prodest, hoc privatae nostrae utilitati praeferendum esse. Pliny in his Panegyric saith unto Trajan the Emperor very elegantly, Praecipua tua gloria est, quod saepius vincitur fiscus, cujus causa nunquam mala est nisi sub bono Principe: sed nunquam Principibus defuerunt qui fronte gravi & tristi supercilio militatibus fisci contumaciter adessent. For this cause of religion and planting the Gospel, the best Divines do not allow the Spaniards plea, for shedding the blood of the Indians: Infer bella ac Populos sibi non molestos cupiditate conterrere ac subdere, 
August de Civit. Dei. lib. 4. cop 6.  quid aliud est, quam grande latrocinium? They should not so much have used the sword against the refractory Indians, but rather the rod, the spur and the bridle of good discipline and example to bring them to Christ; for they had no dominion over them, neither any offence formerly given by them; dominion and propriety is not founded in and by religion, but by a just, natural or civil right acquired: Dominia quae sunt juris gentium, non tollit sides Christiana. Infidelity doth not forfeit inheritance and propriety; and thus the Schoolmen say, 
Aquinas.  distinctio fidelium & infidelium in se considerata non tollit dominium, & praelationem infidelium super sideles. And this did the ancient Christians acknowledge by their great loyalty towards their Sovereign Princes, heathen Emperors and cruel persecutors. But our men endued with their new lights, have found that the ungodly have no right to the Creatures, but are usurpers, and have made a forfeiture of their propriety, of which they, the Saints, may take the benefir, and be the sole Judges. The ancient Christians were forbidden by the Imperial Law, 
L. 6. Cod. de Paganis.  as also by the Laws of other Christian nations under a great penalty to meddle with the goods of Jews or Pagans living peaceably. For the goods of the Jews, although enemies to the Christian religion, cannot for the cause of religion come by escheat unto Christian Princes under whom they live: for delinquency they have often forfeited their goods, and been expelled, and sometimes all of them for the faults of a few; and and thus have they been dealt withal, Regia manu, & bono potius exemplo quàm concesso jure, or rather out of reason of State, which will not want specious pretences. It cannot pass with a clear admittance, amongst all the Doctors of the Roman Church, that the Pope hath power over Infidel Princes to raise Armies against them, although they do hinder the preaching and propagation of the Gospel, universally authorized by these words, Ite, praedicate Evangelium omni creaturae, seeing he hath not (for aught can be made appear) temporal authority annexed to his spiritual, either directly or indirectly, in ordine ad spiritualia, to depose Christian Princes, or to raise war against them, for the advancement of Christ's Kingdom; but as for those who are not Christians, the Apostle saith, What have we to do with those who are without? 
Botero.  It is truly said, that peace, a messenger whereof, an Angel hath been chosen to be, is scarce ever established by the Sword; and the Gospel, the blessed peace, cannot be published by the sound of the Cannon; neither the sacred Word be conveyed unto us by the impious hands of Soldiers; neither tranquillity be brought to the persons and consciences of men, by that which bringeth ruin unto Nations. The Jews were guilty of the greatest incredulity, 
Rom. 11.  ingratitude and crime, and yet the Gentiles were admonished by Saint Paul not to show any cruelty towards them, or insult over them, but to seek to provoke them to an holy jealousy, and so to gain them unto Christ. When Nathan reproved David, he said, hereby thou givest an occasion to the adversaries to blaspheme the name of God. The primitive Christians rather chose to endure the most cruel persecutions, then to disturb the peace of the Roman Empire, and break the band of their Allegiance unto the heathen Emperors; and this Saint Paul taught them who wrote his Epistle unto Christians living under Nero, 
Rom. 13.  and yet he telleth them, that the Powers are of God, and he that resisteth the Powers, resisteth the ordinance of God and shall receive damnation. 
D. Augnst. de Civit it. Dei lib. 22. cap. 2.  Civitas Dei quamvis haberet tam magnorum agmina Populorum, tamen adversus impios Persecutores suos, pro temporali salute sua non pugnavit, in iis non erat pro salute pugnare, sed salutem pro servatore mundi contemnere; Quamvis nimius & copiosus noster Populus, 
Cyprianus. Grot. de jure belli lib. 1. c. 4. n. 7.  non iamen adversus violentiam se ulciscitur, sed patitur. But when this is pressed against our new Patrons of Rebellion, they contradict Saint Austin and the Fathers with a lie, and say, those ancient Christians suffered through their want of power to make resistance; whereby they do, as much as in them lieth, deprive them of all the glory of Martyrdom, and do injury unto their most blessed cause, and the glory of God in his Saints sufferings. And yet as nature doth draw us to yield to the unresistable power of a severe Conqueror, vox est quodamodo naturae, ut subjugari mallent hostibus victoribus, 
Augustin.  quam bellicâ omnifariâ vastatione deleri; so doth the law of nature give warrant for our resistance, cum moderatione inculpatae tutelae, as doth the law of God give us permission for our slight in time of persecution, when we do not thereby desert our vocation, nor betray, nor prejudice a just cause.   

CHAP. IU. Of the changes in Religion in England; And by Luther; And the toleration of divers Religions.  
THe Professors of the Protestant Religion, were at first, and have been since taxed, as seditious and despisers of Government, and advancers of Popular licentiousness, and that their Reformation in Religion proceeded from faction, or turned into faction and tumults, notwithstanding all their public Confessions of their Faith, and declarations of their Doctrine set forth in detestation thereof, wherein they did fully profess their obedience unto the Civil Magistrate. 
Ecclesiastical history.  But it hath been very ancient and usual to lay that general charge of raising Sedition, when the malice hath been greater than the matter, and no other special crime could be found. So Saint Paul was accused for being a pestilent fellow and a raiser of sedition. Tertullian saith, Christians in his time were called hosts publici, enemies of all Commonwealths; and Suetonius doth most impiously say, Judaeos impulsore Christo assiduò tumultuantes: 
In vits Claudii l. 15. hist.  and so Tacitus saith, that Nero, Reos quaesitissimis poenis affecit, quos per flagitia invisos vulgus Christianos appellabat; unde quamquam adversus sontes, & novissima exempla meritos, miseratio oriebatur, tanquam non utilitate publica, sedin saevitiam unius absumerentur; thus happeneth to all a like measure, who lie under the public hatred. It is true that the change of Religion in Germany and in other parts of Christendom was driven on in a tumultuary course, and was not wrought in such a calm as it was in England, where these changes went formerly in an orderly and quiet passage, under the conduct of a Royal power, and a prudent Council of State. Religion changed as it were by degrees and insensibly; all things seeming to remain in the same course and state as before: and as one observed, it was in those times so carried with us, ut Catholicam religionem sine sensu Plebs exueret, cultu in specie eodem manente. The Parliaments in England in those times gave much countenance and authority to those alterations with the People. The Kings and Queens would hardly have effected it, Regiâ manu, notwithstanding their power, and the love they had of their People. The Parliaments were wrought not only to ratify, 
Riba Jinera del Schismad Ingla terra.  but to be petitioners for those changes in Religion. A stranger writeth that when Queen Elizabeth came to the Crown, religion was not altered with violence, and blood, as in France, Scotland, and the Low-countryes', but changed and established by Laws, by Royal mandates, and with Parliamentary concurrence, which saith he, hath been a subtle and powerful invention armed with the authority of Prince and Kingdom, for the sure rooting and settlement of sects and heresies. These quiet alterations formerly were even marvellous in our eyes, 
Lord Chanc. S. Alban of the union between England and Scotland.  and as it were a selicity peculiar unto our nation, as was said of that change upon the death of Queen Elizabeth and the coming in of King James, who acknowledging to the Lords of England their great loyalty in his coming to the Crown, said, that it was a success above the course of nature, to have so great a change with so great a quiet. In Germany, France, Scotland, and other parts of Europe, many of the Contrivers and Actors in the reformation of religion, did neither sapere ad sobrietatem neither agere cum sobrietate, especially when they were strongly opposed, and perceived divers designs for their destruction: for some of them had a mixture in their heads of the Anabaptistical leaven, and were infected with that fury. Insomuch as Bucer a man of great learning and moderation would often say unto them, that in their great heat of zeal in rectifying the service of God, and reforming the Church, good order and discipline failing amongst them, the tumultuous and seditious persons were not chastised, neither any order and decency in the service of God observed; and therefore their laudable endeavours would not long last, neither happily succeed: for the discreet and moderate men amongst them, and those in greatest authority were oftentimes compelled to suffer many enormities and outrageous actions, lest by enforeing correction and discipline, they should lose the assistance and affection of their own party. 
Tacitus.  The Captains durst not take the boldness to punish, as the fouldiers did to offend: voluntary obedience maketh the command and power weak, as is that power which cannot subsist by its own streng. Before Luther was in his grave, and when his reformation was but in the infancy, some who seemed, or were reputed his disciples, broke out of their pretended integrity through an over zealous and irregular desire of reformation into abominable opinions and furies, tending to the destruction of all Government in Church and Commonwealth. And Luther's doctrine also meeting with divers of weak and turbulent Spirits, over greedy of reformation, and abounding with wild zeal, or Spiritual pride, all the precious liquor they received turned into gall and vinegar, and from these did seeds soon spring up, which raised a swarm of 
* These Anabaptists than started up, and declared that they had speech with God, who commanded them to destroy all the wicked and to taise a new world in which the godly only should live and reign. Sleidans Comment. lib. 3. Fox Acts and Monuments.  Anabap●i●ts and other fanatic Sectaries, which made themselves a new Gospel of Licentiousness and Rebellion, and scorned Luther and his doctrine at last. And although after they had done much mischief they were suppressed, yet they scattered such seeds as the fruits thereof do now exceedingly afflict the Church, and cause great disturbance, which to ploughs' men is the greatest persecution, 
August. de Civit. Dei. l. 18. c. 51.  for this afflicteth their hearts and souls, qui patiuntur hanc persecutionem non in corporibus, sed in cordibus, & est persecutio intrinseca & extrinseca. 
Caus. 7. quast. 1. cap. 48.  By this we may see what hath moved Princes and Commonwealths, not to tolerate divers religions, or any thing different from the religion established. 
Platina.  Mahometanaem sectam latè sparsisse se, dum religionis nostrae capita inter se diffident, & sic factum est ut ad Mahometanos partìm vi, partim spome deficerent populi: hinc amissam Ecclesiam Antiochenam, Alexandrinam, Hierosolymitanam. 
August. de Civ. Dei lib. 18. cap. 51.  Multi volentes esse Christiani propter eorum diffentiones, haesitare coguntur; & multi Maledici in his inveniunt materiam blasphemandi Christianum nomen, quia tales Christiani appellantur: The Devil, saith Saint Austin doth stir up Heretics, who under the Christian name do resist the Christian doctrine. The Romans had ever a circumspect eye, and carried a severe hand on those qui nova sacra & peregrinos ritus introducebant; and they ordained, 
Valer. Max.  ne qui Dii, nisi Romani Dii, neque ullo modo quàm patrio colerentur. 
* By the Divine law, he that sacrifi. ceth to any god, saving to the Lord only, shall be destroyed. Exod. 22. The Prophet or dreamer shall be put to death, who doth entice to the service of other gods. Deut. 13 5. and the ichabitants and the city shall be destroyed that serve other gods. Deut. 13.15, 16.  For as Livy saith, the wisest and most skilful in all divine and humane laws, held nothing so forcible to overthrow Religion, as when the Divine service is celebrated after some strange and foreign course, and not according to the ancient custom of their Country. Which consideration moved Numa Pompilius in the first foundation of their Commonwealth to provide, ne quid juris divini, negligendo patrios ritus, peregrinosque adsciscendo, turbaretur. Constantine made a Law, that all Christians should use the same Temples, and not have different assemblies. And other Christian Emperors did very strictly command, 
* L. 29. Cod. de Episcop. & Clericis. L. 4. Cod. de summa Trinitate. L. 8. S. 5. Cod. de Haereticis.  ne de Religione vel Doctrina disputent, velconciliabulis praesint, vel turba concitata simpliciorum animos seducant. Nemo cujuscunque conditionis de side Christianâ publicè turbis coadnnat is tractare conetur; ex hoe tumultus & perfidiae occasionem requirens; ne facultas tribuatur publice vel privatim convocandi coetus, & de haeretico errore disputandi, & perversitatem facinorosi dogmatis adferendi: nemo hujusmodi libros habere, & sacrilega scriptorum monumenta andeat servare. Qued siquis de his criminibus fuerit deprehensus perpetua deportatione damnetur. Variety in opinions of religion causeth several conventicles, evermore dangerous in a Commonwealth, as we shall hear hereafter; and from variety in religions they fall into factions, and from all religion into Atheism. Ex schismate haeresin nasci, ex haeresi plerumque Apostasin. Therefore Julian the Apostate called from banishment the Donatists and other Heretics, and permitted them and all others who professed the Christian religion to maintain what opinions they would one against an other, that by their diffentions the Christian religion might be weakened, and Paganism the better established. For it fareth with the vulgar as with the Epicurean sect of Philosophers, gross witted and sensual men, who when they did see such great and continual strife concerning the Deity, took the shorter way by denying it altogether, then to feign as others did many uncertain gods, and so fall into inextricable labyrinths and contentions with other Philosophers, which could never have any certain determination and end. The Jews are permitted the free exercise of their religion in some Christian countries, which is denied to those they do account Heretics, and Schismatics, and the reason is given, because they pollute and violate the Christian religion which they profess, and disturb the Peace of the Church and Commonwealth where they live: Haereticorum, 
Aquin. Alciat. & alii.  qui profitentes ipsum Evangelium illud corrumpunt, infidelitas est omnium gravissima. De his qui de illa gente Christiano nomini contradixisse sciuntur dictum a sponsa filii matris mei pugnaverunt contra me: 
D. Bernard. in Cant.  Inimici ejus sunt ipsius domestici: Haec intestina & insanabilis plaga est Ecclesiae, pax à paganis, pax ab haereticis, sed non profectò à filiis. Therefore to conclude this of religion, and the disturbance of the Peace of the Church: the best Philosophers and Lawgivers did ever repute unity in religion the chiefest Pillar that upholdeth humane Society, and obedience to supreme authority, which cannot stand after religion is fallen 
* Religionem cum Imperio periclitari. Thuan. lib. 116 Histor. Religioni, nist saluâ Republicâ consuli non posse. Thuan. 136. Histor.    

CHAP. V Of the use of Parliaments; Of the danger that cometh by the abuse of Parliaments; and the Factions that therein arise.  
WE pass now from the Church to the Parliament, and to those abuses and corruptions, which both destroy the use and the rights of Parliaments, and the power and Majesty of Monarchy, two pillars of kingdoms and Commonwealths. As God hath set Kings in the highest place and office, and entrusted them with the greatest authority on earth, and will therefore take the strictest account of them, so cannot they escape his heaviest judgements, who are chosen to counsel him in his greatest affairs, and do not only fail in their duty, but do intrude themselves into his office, and hinder him in the observation of his oath, and in performance of his duty to God and his people. As the estates in Parliament ought to be Conservators of the Rights and Liberties of the People, so ought they to be of their own bounds and limits, in which if they exceed, they do also give an ill example to all other inferior Courts of Justice, (subject to their care and regulation), to the hindrance of Justice and distribution of common right which turneth to the disturbance of the peace of the Kingdom, and raising confusion in jurisdictions. 
August.  Si iniquum est transgredi limitem agrorum, quantò iniquius est transgredi limitem morum? As it is a great crime, by the laws Divine and Humane, to remove the ancient bounds and landmarks; so is it no less, to remove the Law bounds and limits of Jurisdictions. 
Hosea 5.10.  The Princes of Judah are like those who remove the bounds, upon whom I will pour my wrath, saith the Lord, like water. Such encroachments and usurpations, proceeding from those who should be conservators and reformers, work the speediest confusion in all Societies: and it showeth Gods great indignation, when that which should have been for our welfare, becometh a snare. 
* It was said in relation to the Roman Senatots, fallen from their ancient glory, aliorum vitia intrd ipsos residuunt, nostra latè vegantur; ut in corporibut, sic in Imperto gravissimus est morbus, qui a capite dissunditur. Pliniis Epi●●ola●um lib. 4.  Therefore parliaments when they err thus, they err most perniciously, either in being ensnared and driven by an overruling power, or by an active faction, or by violent perturbations reigning in them, and then do they not deserve the name of Parliaments; for as Cicero saith, Rempublicam dici non posse, optimatum factionem, Populi conspirationem & factionem: tunc esse Rempublicam, id est, rem Populi, cùm benè & justè geritur; non populum esse omnem catum multitudinis, sed catus juris consensu & utilitatis communione sociatus. 
Cujecius.  Vbi est tyrannis vel factio, vel dominatus alicujus turbae, non tam vitiosa est Respublica, sed nulla omnino: ubi lex non est, ibi nec Populus est, & si Populus non est, nec Respublica; nam Respublica est res Poputi. And therefore Saint Austin concluded, 
De Civitat. Dei.  that the Roman State when it was subverted by Tyranny, or by the people's factions and iniquity, was not a people, in not being juris consensu & utilitatis communione sociatus; neither could it be called properly an cvil and corrupt Commonwealth; but rather no Commonwealth, when the State was ruined by factions, violence and injullice. David said under saul's government, that the earth and all the inhabitants thereof were dissolved. And thus they who are not lawfully chosen and assembled, or do act contrary to their calling and duty, cannot challenge any privilege proper to that office and calling. The Roman Tribuneship was reputed sacred, being established for the safety and benefit of the people: 
Plutarch in the life of Gracch.  But if the Tribunes do that which is contrary to their office, or cease from doing those things, for which their authority was given them, their authority and privileges leave them. 
Suarez de ligib libro 8. & alii.  Privilegium licet non amittitur per non usum, amittitur tamen per usum contrarium, & per delictum oceasione privilegii commissum, & per delictum seii abusum directè privilegii sini repugnans & fundamentum ejus destrmns. And as there are military privileges, and military offences and punishments, so are there Parliamentary privileges, and Parliamentary offences, which have had and ought to have condign punishments, agreeable to Justice and Politic government, and precedents in all times and Kingdoms. 
* They that say a whole Society or College cannot be punished, as it cannor he excommunicated, do agree, that not only the offenders may, and chief those who are the cause, but all those also who are members, and did not resist the evil: nisi pertinaciter re. stiterunt, aique aclis contredixerunt. Gless ad c. 7. causa 10 quast 2. & ad Decretal. de Simonia c. 30. quia officium eorumindividuum est, & periculum common, universi sunt veluti in corpore unius formae, & quod ab uno cemmittitur, quandoque totius corpnis periculo commivitur; Simo tales sint astus singulorum per quos detegi potest conniventia, seu voluntas tacita universitatis approbantis delictum.  Although in all Parliaments, Assemblies and Counsels, the offences of the particular members ought to be distinguished from those of the whole and entire body, which may also be involved in their crimes, by connivance at them, or by neglect in punishing or preventing that which lay in their power. Laeditur personali scelcre ac particulari, causa cunctorum: in Populo Israelitico saepissimè unius facinus pestem fuisse mutiorum. Potestas quae inhibere scelus poorest, quasi probat dedebere sieri, si sciens patitur perpetrari. But more properly and directly the whole body offendeth in omitting their Principal duty, and in committing acts contrary thereunto, una voluntate, praesidente deliberatione, 
Augustin.  communicato consilio. And as in the Roman History is doth often occur, an privato an publico cousilio. Si defecerit Populus, 
Livius.  publico cousilio, dolo malo, sive non, quia delicta vulgi d publica causa separari. A People, a Cohedge, a Body politic may offend, and are punishable, and as in the Law, Populus, 
Cicero. L. 9 F. Quod metus.  vel Curia, vel Collegium hoc edicto ●enentur. Sometimes the offence shall be punished in their natural Person: sometimes in the body Politic: sometimes in both. And much dispute there is amongst the Lawyers, quando universitas punienda sit in suo universali, quando in particulari, quando & quomodo ex delicto Collegialiter commisso; quando poenâ laesae Majestatis punienda sit universitas, quando singuli ob delictum universitatis; all which I pass over, although worth consideration. The most agreeable course unto Justice is, to lay the greatest punishment upon the Authors and chief Actors, 
Livives'  ut unde orta est culpa, ibi prna consistat. Upon these the Law imposeth the damage for the most part, and oftentimes they bear the whole punishment, if they can be found, 
L. 6. Cal. de vipubls.  in eum supplicium exerceri, qui vim facere tentaverit, & alteri parti causam malorum praebuerit. It was the Command of God unto Moses to take the heads of the chief of the People and to hang them up, 
Numb. 2●. 4.  who had consented, dissembled and participated in the common impiety. 
Livive.  Causa & origo penes autores, & a quibus contagio. Singulis civibus & civitatibus tumultnantibus, 
P. Fab. Seem. lib. 3. c. 16,  atque adeò (si non rebellibus & contumacibus) sed inconsulto ac temerario motu, vel alieno etiam exemplo, veniam dari. For the multitude or greater number seldom equally offend in the highest degree; multitudo vix peccat graviter, sed aut decepta, aut impetu, aut temeritate, as in the Imperial Law; 
Novel de Procur. Caesar.  or by a fatal fury of the time, seizing on them as a pestilent contagion; fatali rabie temporis & pestiferâ comagione, 
Livius l. 28.  as Mendonius the Spaniard said unto Scipio, in excusing his and his people's rebellion, 
Distinct. 44. c. 1. & distinct. 6. c. 1. de Poenitentia, cum Glossa.  Multitudo est causa in quam severitas disciplinae exercenda non est; sed si volunt defenere peccatum quasi ex authoritate, tunc multitudini parcendum non est. And therefore we find it agreeable with the practice of the best men, and to the rule given by the most prudent, that the multitude be spared, especially after the offence committed, although not when they are in the act offending, non parcitur multitudini in delicto committendo, ubi perniciosior est quies & cunctatio quàmtemeritas, 
Bartol. de seditiosts.  & nihil festinatione tutius, & magis facto quam consulto opus est. There may be oftentimes just cause to forbear all punishment of the People, as in the case of Syracuse, who being charged with revolting from the Romans, they pleaded for themselves, that their City was undone between the Tyrants of the one side, who held them under the yoke, 
Livius lib. 26.  and the Roman General on the other side; so as they stood in the midst as a prize or reward for the winner, and aught therefore to be rather restored unto their former estate by the Romans then after so miserable servitude and war to endure a new addition of affliction and misery.  
I have observed that there are two Pests and cankers, which in time hath not only eaten out all that excellent fruit and benefit which Kingdoms have had, and may reap by the right use of Parliaments, but have also caused that institution so necessary for the Public good, to prove the bane and ruin thereof. The one is when Kings absolute in power, and exorbitant in their will, give that rule to Parliaments, as Xerxes gave to his Counsellors, to obey, rather than persuade, and call their Parliaments only out of specious pretences, for getting of money, or to authorize and countenance some sinister purpose and design, using strong delusions, and giving fair hopes of redress of grievances, ostentata potius quam data, 
Paul. Aemilius  nec nisi brevì mansura remedia. Some of the Roman Emperors shown Kings this way, and obtained their desire, the Senate being fearful and tongue-tied, 
Plinius.  and were called aut ad summum nefas, aut ad summum otium. 
* Senatui praebebat Tiberius simulachra libertatis, speciosa verbis, re inania, quantó que majore libertatis imagine tegebantur, tanto eruptura ad infenfius servitium, Tacitus.  This amongst many other ill effects, taketh off the affections of the people, and fillech them with jealousies, and causeth them not to give credit and assistance unto him when they ought. The other Pest or Canker proceedeth from Parliaments; as when they suffer the power and dignity of the Parliament to be abused and perverted, by a predominant faction, which swayeth all, and cut out all their work in relation to their own designs, and the authority of Parliament serveth, 'las do journeymen, to make it up, and acceptable to the people. This is as bad, if not worse than the contrivance of Lewis the eleventh of France, used also since by his successors, who finding how tedious Parliaments were, in their most important affairs requiring most expedition: 
Paul. Aemilius: Thuanus. Bodin de Repub Ordines pro tâ quam exercent in Comitiis libertate facile dissensuros fuisse, in quo & majestatem suam Populis tentandam, aut etiam contemnendam expesuisset Rex, & eorum animos tanto magis irritasset, quanto ils invitis peregisset: Strada & Bentivoglio de bell. Belgico.  how apt to fall into impertinent diversions, & into faction, and turbulent licentiousness, under colour of using their just liberties and promoting the public good; these Kings procured the power and office of the three Estates to be transferred to certain select delegates taken out of their own body, and so saved the trouble of the General Assembly, and took away almost all use of Parliaments, and with it the best means the people had, to acquaint their King with their grievances, and obtain redress, and to preserve their just rights and liberties. And although Parliaments are called for just causes, and do sit in full liberty and freedom, yet doth it often happen as in some General Councils called for the extirpation of Heresies and Schisms, and the preservation of the Church and the peace thereof, that they being not at peace among themselves before they came, neither bringing with them the love of truth and minds inclinable to peace and moderation; the former evils (for reformation whereof they were called) were not taken away, but strengthened and augmented, and divers others raised: for those men are most unfit for counsel who have their minds wholly possessed with perturbations and jealousies, or their cogitations bend unto faction, or any smister designs. These bring nothing with them but the spirit of contradiction, partial and interessed opinions, secret designs and open animosities. And then it falleth out as Tacitus saith, quae apud concordes vincula charitatis, incitamenta irarum apud infensos crant. Non sic Romani antiqui qui privatas res suas pro Republica contempscrunt, consuluerum Patriae consilio libero, 
August. de Civit. Dei lib. 5. c. 15. Imperator Constantinus scripsit ad Synodum Tyri ut conceptas rixes delerent, quia secum discordantes non liceret ad divinum cultum adesse, nec munera sua offerre altari priusquam ad mutuam pacem redterint, ●t lege divina docemur. Euseb. in vita Constant.  neque delicto, neque libidini obnoxii.   

CHAP. VI The Right that Bishops have to sit in Parliament.  
TO take a more particular view of those things which destroy the state and essence of Parliaments, we will observe in our passage some particular men of great estimation, abounding with pernicious hypocrisy, covering their designs under the cloak of counterfeit sanctity, and having their iniquity supported and armed with Authority. Vbi Dei numen praetenditur sceleribus; 
Livius. Augustin. Livius lib. 24.  ubi nequitiae suae patrocinium de Scriptura sacra requiritur; ubi liberator Patriae insidiator ipse libertatis habetur, & tyrannos ulciscendo, quae odissent scelera, ipsi imitantur; 
Buchan. Scot hist. lib. 13.  ubi Parricidas publicos qui Regem suum occidissent, ipsos omnis Divini & humani juris violatores, pro vindicibus decoris publicise ipsos venditare, & liberatorum Patriae nomen usurpare. Such men's hypocrisy saith Saint Austin, quia illa quae mendaciter agunt, sic agunt, ut populus eos veraciter agere existimaret, is most pernicious and damnable. When fraud or force have their influence over Parliaments, the stability of all matters there enacted is undermined; for such acts prove but the seeds of future evils and immortal discord. In all well-governed Commonwealths, there hath ever been especial care, that the Councils, Parliaments and Courts of Justice, should be free from all force and coercion. 
Lib. 2. tit. 27. de Feudis.  By the Imperial Law, ad palatium vel ad forum nullus miles ferat arma. So by the Law of the Lumbards', armatum in curia Domini jus non est ingredi, ut sine rixa & sine suspicione procedant judicia. The Interpreters of the Roman Law say, that arms ought not to be born in the palace, neither in the confines, nor near the gates thereof, and so the Parliament of Paris gave judgement, agreeing with Cicero, judicia nulla sunt, 
Cassan. cattle. Glor. mundi.  dominante vi, vis maximè juri adversa est. And long before did the Roman Law punish by banishment, as guilty of the Law Julia de vi publica, him, who came armed unto their Tribunals and places of judicature, or through an evil intention did disturb and hinder the peaceable proceed of Judges and those in authority, qui dolo malo fecerit, 
L. 10. F. de vi pub.  quo minùs tutò judicia exerceantur, aut Judices ut oportet judicent, vel quominùs is qui potestatem habet, jus decernat, imperet, faciat. Amongst others of the like kind, we find in the tenth year of Edward the third two Proclamations, 
Cook Institut. 4.  that none should wear armour or weapons in time of Farliament. When Sylla brought his army to Rome, and caused himselse to be made Dictator by a Law, although made for fear, yet with all usual formalities, Cicero declared that Law to be no Law, but such effects ensued, that the Roman Senate never recovered their former lustre or liberty. 
Thuan. lib. 23.  The Court of Parliament of Paris gave a severe sentence against some of the reformed religion (their name being crime enough) and yet the sentence was reversed, 
Caus 11. quaest. 3. cap. 89. cum Glossâ.  ut per vim & vitiose lata, in respect the Judges were overawed. Sententia per metum lata nulla est ipso jure. When the Protestant Princes and Cities of Germany were summoned to the Council of Trent, some of them made their Protestation and appeal ad Concilium Generale, pium, & legitimum, and divers learned men declared, that the Canons of that Council could not bind, 
Thuan. & alii.  quia Concilium illud fuit nullum, vitio indicts ●, habitum & terminatum. It may well be granted that force offered to a Parliament may make void all their acts, if force of fraud used to procure the absence of one of the members may make all their acts invalid; 
C 28. de Elect.  plus nocet unius contemptus, quam contradictio multorum, according to the rule in the Canon Law; which sayeth also, si eos vocatos non fuisse constiterit, sed contemptus, infirmanda erit penitus electio taliter celebrata: 
Stew Chron.  Upon which Gardner Bishop of Winchester his assertion, seemeth to be grounded, who being prisoner in the Tower, wrote to the Lords in Palliament, claiming his privilege of Parliament, and said, that if the Rulers in a General Council let any man's repair thither, who of right aught to be there, whatsoever is there concluded, is by a universal Law taken to be of no force, by excluding one member wrongfully that should furnish the body. The body ought to be entire and complete. The Interpreters of the Civil and Canon Law, say, when we name a People, we are understood properly to intent the whole, or at the least the major part: and when we mention the Chapter, Capitulum, we are presumed to intent the whole body or number: appellatione rei venit res integra; & qui de quantitate lequitur de toto loqui censetur, quando natura rei, & subjecta materia hoc exigit, vel alioqui actus esset elusorius. But seeing all the members of a Parliament, or of any great Assemby or Corporation cannot come always together, therefore by a universal Law or custom, the presence or concurrence of the major part of the whole, or of those who are present, most commonly doth prevail. 
L. 3. & 4. F. de Decurionibus. L. 3. F. de Decretis, qui à duabus partibus Cardinelium electus fit Romanus Pontifex habetur. In aliis electionibus quod fit à majori & saniori parte Capituli, valet, consueta forma servata. De electione cap. 6. Decretal.  By the civil Law there must be in their Senate, Council house and Municipal Courts two third parts of the whole number present, for pasting any act of importance, duabus partibus adhibitis Totius, quia illa decreta non valent, quae non legitimo numero decurionum coacto facta sunt. But those acts had the force of Laws to bind all men which were examined ab omnibus proceribus in gratiosissimo Coetu, 
L. 8. Cod. de legibus.  & collectis omnibus recitantur, & cumomnes consenserint, tunc demùm in sacro nostri numinis Consistorio, recitari; ut universorum consensus nostrae seremtatis authoritate firmetur. This was the course observed in making their Laws; for if men when they choose arbitrators, or Lawmakers when they constitute Judges, 
L. si. in tres. L. item si unus: F. de receipt. arbit●is. L. Pluribus. F de Pro. curatoribus L. si plutes. l. cum plures. F de Administ. Tut. L. 37. F. dear judic.  or Princes when they grant a delegated power, in private men's causes, are never supposed to approve, of that which one man, or the fewer number of them do order, or decroe, unless somewhat appear to the contrary; but only of that which is agreed by the major part, all being present at the deliberation and debate, quia tunc judicare intelliguntur, cum omnes adsint, licet omnes non consentiunt. There is then much greater reason for the presence of the major part of the whole number in the supreme Courts, Councils and Parliaments, ubi de summà Reipublicae agitur. And so may we presume was the intention of all Lawgivers and founders of Commonwealths, although not expressed, unless necessity in some special cases and accidents doth otherwise require. In such accidents the Law sayeth, 
L. 45. Cod de Decurionibus.  paucorum absentia, sive necessaria, sive fortuita non debilitat quod a majori parte ordinis salubritèr fuit constitutum. But in Parliaments there is most reason for the presence of all the members for many respects, and chiefly because all & every County, City and Borough, who are to send their own Deputies & Representatives, be not without being heard, bound by the votes of others in all things, as well concerning their own particular, as the Common Interest, who are peradventure ignorant, and regardless of their condition, and men whom they never knew, nor to their election gave their consent. For in other Assemblies, Counsels and Courts, there is not as in Parliament, of all Persons, states and degrees, either personally or virtually by representation, and intendment of Law, the presence, and as it ought to be to make a just and complete Parliament, according to the ancient and continued Laws and customs of this Realm, and of other Kingdoms. And therefore the excluding of the Bishops and in them the whole Clergy, ever reputed one of the three estates in all Kingdoms, and called Brachium Ecclesiasticum seu spirituale, must needs be injust and prejudicious to the Church and commonwealth, and make a maimed and dismembered Parliament, the Clergy being barred from having their own Representatives and Deputies in Parliament: whereby the Commonwealth is deprived of their advice and assistance which may be, and oftentimes hath been found to be of excellent use, in respect of their great learning and judgement, wherewith many of them in all times have been amply adorned, and many of them of great fame for their piety and martyrdom, and have, as appeareth in histories, shown their love to their Country, by many acts and testimonies, and in some times to their own destruction, for opposing the most powerful persons, when the greatest men of the Laity (who for the most part are of much inferior abilities) have shrunk off and been silent. I cannot therefore perceive how we may approve of the opinion of those who hold that good Acts of Parliament may be made, excluso Clero, and take the example of Edward the first for a Law, who because the Clergy would not still supply him with money, after they had given him many great sums, he put them out of his protection, and then called a Parliament without admitting them. This being the case, it is an ill argument à tali facto ad jus faciendi. As if we should say the King and the Peers can hold a just Parliament, and make Laws and Levies of moneys without the Commons; because long time after the Norman Conquest, Laws were made without them, which are still reputed good Laws. In England as well as in other parts of Christendom, in the time of the Saxons, Bishops were called to their Parliaments, and after the Norman Conquest, they were called as other were who held by a Barony: Their tenure as well as their function did warrant it. In the Constitutions of Clarington in the time of Henry the second it is said according to the Canon Law, 
Chronic. Gervasti, & alii.  that Bishops as other Barons, who hold of the King in Capite, debent interesse Judiciis Curiae Regis, quousque pervenitur ad mortem vel diminuti nem membrorum. 
Sir Rob. Cot. Treatilc.  Some members of the house of Commons, and others have formerly been lifting at the removal of the Clergy from their seats in Parliament, in as much as anciently Ecclesiastical constitutions were often made by Christian Emperors together with other civil Laws, but those laws were no other than confirmations of former Canons made by the Church. And in divers Imperial and Ecclesiastical Laws it is said, Sicut Leges Civiles non dedignantur Ecclesiasticos Canones imitari, ita sacrorum statuta Canonum, Principum constitutionibus adjuvantur. And also they did farther urge, how that in our Parliaments, Ecclesiastical laws in the time of the Saxons, and since were made; whereas the Parliaments did but confirm them at the Petition of the Clergy, not frame and dispute them. And if the Laity entrenched too far, the Clergy usually made their protestation. And he in the said Treatise also faith, that Church-laws in Parliament did not move from the Lay-members, and that the success of the Laity was ever fruitless in all their endeavours to establish laws Ecclesiastical without the Clergy. Although by the Imperial Law, Churchmen seem to be generally forbidden to deal in secular affairs and offices, 
L. 23. Cod. de Testam. causa 11. q. 1. cap. 29. Novel. Justin. 123. Quod congruit cum Chalcedon. Synod. c. 16. Cuiacad dict. Novel. 123. Qui divino ministerio consecrati sunt, hos ab externarum rerum occupationibus & molestiis liberos esse oportet, ne rebus impuris adhaereant ac in terrenis sordibus volutentur, ut cautius diviniusque vivant: Constitut. Leonis Imperat. 68 & dtcit Apostolus, nemo militans Deo implicat se saecularibus negotiis.  and so by the ancient Canons of the Church, Cloricis opprobrium est immiscere se forensibus negotiis, sou disceptationibus: Non susceptores vel exactores tributorum fieri debent: nec conductores vectigaliorum, vel alienarum possessionum, nec actores vel procuratores vel fide jussores esse: Nec Clerici Justiciarii seculorum Principum esse debent. Tit. ne Clerici cap. 4. Decretal. yet are Bishops allowed by the ancient custom in Kingdoms, and by the Judgement of Divines and Lawyers to be Chancellors and Treasurers of Princes, and to be Ambassadors, to have their voice in Parliaments, and to be of the counsel of Princes, without any derogation or prejudice to their Ecclesiastical calling. For the Prelates and Churchmen being brachium Ecclesiasticum ever reputed as Deputies of the Kingdom, and one of the three Estates of a Kingdom, as well as the Laity, ratione Ecclesiae quam regunt; & dignitatis quam in Regno habent, & dicuntur Cives originarii, licet sint alienigenae, as the Lawyers say. The Priest is a Pillar of the Common wealth, wherein he faithfully serveth God and dischargeth his duty. 
Jerem 26 11.  The Scribes and the Prophets and the Priests were admitted into the Public Counsels, and some of the Levites and Priests, were joined with the fathers of Israel to Judge in controversies. 
2 Chron. 19  Etsi utraque functio civilis & Ecclesiastica, hominem totum requirit, 
Alb. Gentil. de nup. l. 1. c. 14.  tamen naturâ suâ non pugnant in uno homine, licet pugnent naturâ hominis incapacis utriusque: non esse incompatibile munus Ecclesiasticum & , bene tamen disjuncta retineri, Howsoever thus much may follow the too much restraint of the Clergy, although it be to keep them within the limits of their function, that their Persons will be brought into contempt, and thereby paradventure their function and ministry, especially with the vulgar; and they themselves will fall into a carelessness in ever seeking the advancement and welfare of their Country, wherein they scarce find so much favour as aliens, and cannot obtain those rights, which have been granted unto them by Magna Charta, in these words Ecclesia Anglicanae habcat omnia jura sua integra, & libertates suas illaesas etc. Of which none of the least is the having voice in Parliament, for suffragii lationem cuique homini eripere, est civitatem libertatemque eripere; 
Livius. Plin. Epist.  & durior severiorque sit sententia non moveri ordine quam moveri, si honores ordinis adimantur. And seeing the Clergy are Citizens and Subjects, and are parts of the Commonwealth and liable to taxes, tributes and other burdens which are not incompetent, but may stand with their calling; by parity of reason, they should not be deprived of those rights and privileges which others enjoy, when the use of them doth not derogate, neither hinder the exercise of their function and ministry. So then the absent who ought to have voice are to be called to the debate of matters, especially of greatest importance, or else the absent are not bound by Law, neither those who are present, if they are not the major part of the whole number, much less the whole and entire body, 
Bartolus & alii.  Actus minoris partis universitatis, neque istam minorem partem obligat, quia quasi sic actum fuisse praesumitur ab iis, ut non aliter quàm veluti universitas obligaretur, & ibi non est universitas, absent majore parte universitatas. The authority of the whole is said properly to be transferred to the major part present, when the matters and things to be determined concern the community and universality, and are belonging to the entire body, and concern little or nothing particular interest. But when there is a conjunction of both common and particular interests, there is a necessity of having those particular consents, or at least their presence: 
Baldus & alii.  quod pertinet ad omnes, non tanquam ut ad universos solummodo, sed ctiam ad particulares & singulos disjunctim, quorum interest ut singulorum, tunc non sufficit res adprobari à majore parte, sed ab omnibus & singulis. When prejudice may happen to several places and perlons in their own particular, than the consent, or at least the presence of all is necessary. 
Platina.  By which reason after the general Counsels war ended, the Prelates who were present at the Counsels caused the Canons agreed unto to be sent unto those Provinces and Churches, whose Prelates were absent, notwithstanding they had Lawful summons; because those Churches seemed not to be bound by those Canons unto which their own Prelates gave not their consent. And yet by the Canon Law, and in many cases by the Civil Law, volume as seu consensus requiritur in ipso actu, nec possit ex intervallo praestari, maximè ubi solennitas & tractatus Praecedens, seu consensus vel authorit as requiritur de jure & necessariò pro forma & solennitate actus. Moreover the particular members of a body Politic or Parliament cannot give their consent or descent disjunctim and in several places, unto that which is of public and common concernment and interest, but when they are assembled in due form and solemnity. We perceive by the judgement of wise and learned men, and by experience in all times, how precious is the presence, and prejudicial the absence of Judges, Counsellors or Parties interessed. 
Plutarch. in Cato.  The Romans were so strict in the case of a private man condemned to die by one voice, more than there was for his acquittal, that the sentence was suspended because of absence of one of the Judges. Sometimes by one man all are brought from an error. By the Counsel of one man a puissant army hath been defeated. 
Polybius.  One Ephesius prevailed with the Romans in Council assembled, to send into Greece to get their Laws, whereupon the Romans did ground and form their excellent Laws of the twelve Tables, Fons omnis juris publici privatique. 
Livius. Act. 5.  Only Gamaliel prevailed with the Jews in their Counsel, and stayed they furious proceed against the Apostles. The Council of Nice concurred in their Judgement with Paphnutius. 
Sosomen.  The Emperor Frederick the second kept divers Cardinals in prison, and the Pope dying during their imprisonment, the other Cardinals would not proceed to the Election of a new Pope, neither could they by law, as they affirmed, until their fellows were released: 
Platina. & alii.  and those who were under restraint made their protestation against any election during the time of their imprisonment, so as the See of Rome was void twenty months. When the Roman Senate discontinued their ancient custom of having a full number always present, opportunity was given and taken for the setting in hand a most pernicious abuse and practise, as Asconius observed, ut per panculoes ●aci●bant Senatus-consulta, & two omnes suae factienis, à quibus quod libitum erat facilè impetrabant: when none were present, but those of their own faction, they did what they list, and the others who were absent betrayed their Country, in neglecting their duty. 
Livius lib. 39  Quid aequi p●ssit expectari ubi per infrequentiam ●urtim Senatus-consulta facta sunt? In the multitude of Counsellors there is safety, saith Solomon. Thus the Roman Decemviri, 
* Valerius Flaccus being made Inter-rex in a vacancy, the Consuls being absent, preferred a law, that Sylla should be perpetual Dictator, and do what he list. Cice. Appian. Livius lib. 3.  when they had settled their authority, they changed their former moderate course, and had daily secret meetings, like our close Committees, apart & enclosed from others. At home they determined how matters should pass, and in open place they pronounced the sentence accordingly. The common opinion was, that they had conspired not only for the present time to do wrong, but were confederated, and bound it by an oath to hold the possession of the Decemvirship for ever.   

CHAP. VII. The necessity of having all the Members present in Parliament, or the greater number of them, and the danger of Confederations, Associations, Engagements, and other indirect practices, contrary to the Rights of the King, and the liberty of the Subject.  
AS the absence of any of the Members make all their Acts void, or voidable, when their absence is caused by fraud, force and tumults; so are the Acts of all that are present void, and their rights and privileges cease, when they who sit and act, change the Parliament into an unlawful Assembly, and by covert and indirect practices, conventicles, associations, contrived in close Committees, endeavour to circumvent the King, or to enforce him, and to abuse the people and the trust reposed in them; All Associations, Conventicles and confederations, without warranty from the Supreme Authority, are by all Laws Divine and Humane void, as being the most effectual means to disturb the peace, to introduce innovations in the State, and to weaken all bonds of loyalty and obedience. Qui faciunt ligam vel societatem ad eorum defensionem, 
Bart. ad tit. qui srent Rebels Bald. ad tit. quib. modit. feudum amit. cap. 1.  ut Florentini, Perusini & alii: hoc exprimunt, sed aliud in veritate agunt. Istudest signum proditisnis, & proximè post hoc cadebant ab Imperio Romano, & pro liberis se tenchant. But those Associations are the worst which being in themselves unlawful, have the countenance and support of Parliamentary authority, ut unde jura nascuntur, injuriarum nascatur occasio, when that which should have been for our welfare becometh a snare, when the Leaders of the People cause them to err, and they that are led by them are destroyed; like the authority of the Roman Tribunes of the People, which the People did adore. But Appius Claudius said unto them, 
Livius lib. 5.  ye give a favourable ear to all your Tribunes, although they ruin the Commonwealth, and ye being thus carried away by the sweetness of that authority, suffer under it to lurk any mischief whatsoever. This power and the exercise thereof by the Tribunes was the cause of frequent seditions: Quae authoritas specie quidem tuende Plebis, 
Blorus lib. 3. cap. 13.  cujus in auxilium instituta erat, re autem dominationem sibi adquirens, studium & favorem Populi legibus agrariis, frumemariis, judiciariis aucupabatur; in quibus omnibus incrat species aquitatis, sed haecipsa in perniciem reotham, & misera respublica in exitium suum merees erat. It was one of the cheisest articles against Peiree Gavistion of treason, in Edward the seconds time, that he assumed Regal power in making alliance and confederation with the People, and took an oath from them to live and die with them. These associations and consederations draw unlawful assemblies, and fedition; and therefore by the Roman Law, he was guilty of treason, 
L. 1. F. ad leg. Jal. Ma. L. 3. F. de vi pub. lica. Lib. 2. de Feudis. tit. 53.  cujus conatu catus conventusque sum hominésve ad seditionem convocentur, vel qui turbae vel seditionis consilium inierunt, And therefore as in the Law, Conventicula, omnesque conventiones inter Personam & Personam, inter Civitatem & Civitatem omnibus modis sieri prohibemus, & praeteritas factas cassamus. And also those who suffered Conventicles in their houses were punished, 
L. 15. Cod. de Episc & Cler. L. 8.8.5. Cod. de Haereticis: Novel & 132.  and their houses confiscate: Publicatur domus in quo siunt Conventicula illicita: domum vel possessionem ejus in quâ convenerunt, sanctae assignari Ecclesiae, by an other Law; Clerici & monachi conjurantes, vel conspirantes, aut factiones componentes aliquas, deponuntur & omninò cadunt de proprio gradu. 
Caus. 11. c. 21.  By the golden Bull of the Empire, all unlicenced confederations made between the Princes, Cities and states of Germany (subjects much more at large then others) are strictly prohibited: for associations and confederations are proper only to the supreme Powers, are inter jura summa Imperii: unio ab inferioribus fieri non debet, as in the Canon Law. Jus faderis faciendi, is juris publici & imperii, and ever so reputed by the Laws of Nations, as well as the rights of making war and Peace, and of arming and araying of men; of sending and receiving Ambassadors. No one of which doth belong unto subjects, and whosoever usurpeth this power is guilty of treason; Privatus qui pro potestate magistratúve quid gesserit, 
L. 3. F. ad leaeem Juli. majestatis.  or doth keep the power longer than he hath warrant by Law, or from his Prince; Ita Patrocinia injusta omnibus modis corrigenda sunt, 
Novel. 17.2.13.  nec ullus aliorum vitas ac bona patrocinio suo defendere debet: sussicit lex & favour Imperii: and by many imperial Laws under great punishments, prohibentur potentiores patrocinium praestare, & alii rem vel litem in potentiorem transfer. For confederations and protections are coincident and correlative. By the law no promise or contract can bind, which is against the public right and interest: 
L. 27. de Reg. jur.  nulla conventione juri Publico derogari possit: generaliter quoties pactum a jure communi remotum est, servari non oportet, 
L. 7. F. de Pactis.  nec tale juramentum servandum esse, quia contra bones mores est: no Oath or Vow can bind, which is contra bonos mores, 
L. 112. de le. got 1.  vel contra vim & authoritatem juris. And such are the vows made by those who are in subjection, and are not sui juris, ut Filiifamilias' & servi, without the consent of their Fathers and Masters. By the Divine Law, saith Saint Ambrose, 
Numb. 30  the Daughter is to have the consent of her Father, and the Wife of her Husband, for the ratification of their vows, without which the Father and the Husband may disannul them. And so by the Canon-law a man is not bound by his Oath or Vow without the consent of him under whose power he is. Although we do not take in all this strictness into the oaths of Subjects, yet we must grant, that in all obligations, as well as in oaths, the Sovereign power hath ever its reservation expressed or employed. 
Decretal. de jurejurando. cap. 19 Lib. 2. de Feu. dis tit. 55. & 7.  Cum praedictum juramentum vos excusare non possit, in quo debet intelligi jus superioris exceptum, ut in omni sacramento fidelitatis, Imperator nominatim excipiatur; ac etiam tacitè id intelligitur, nec ulla quidem indiget adjectione: so as no obligation can be exempted from the construction, or limitation of the Law; neither can any Oath or Vow, as the Divines say, be accounted other than a rash and unlawful Vow or Oath, which is contra facultatem nostram, vel cum vocatione nostra pugnat.  
As those are abominable Associations, Covenants and confederations made amongst subjects in a Parliamentary form, and under that abused authority, of which I shall say more hereafter: so are those as bad, which are made with the concurrence or connivance of the Sovereign, who thereby doth lend his hand to destroy himself, contrary to all Policy, reason of State, and to the rules of Government, as doth appear by the example of Henry the third of France, who being oppressed by a Civil war, was by the power and cunning of the house of Guise, and other Associates in the holy League, made in show only against those of the Religion, drawn at length to submit unto this league, through his preposterous zeal in Religion, and desire to satisfy the ignorant and deluded people, abounding in a wilful error framed out of affection, than which nothing is more violent and furious. The King thus joining in this league, became but as one of the number, in whom they did not conside; he signified but as a small figure in the total sum, and was rather an accessary than a principal, in whom appeared little or nothing of King, but the name; whose destruction soon after followed, and almost the subversion of the French Monarchy. King Persius being extremely pressed with hard conditions by the Romans, his Counsel were of opinion, that in parting with aught belonging to his sacred rights, and yielding one thing after another, he must make account to quit the free hold of his Kingdom soon after: Such concessions and relaxations, 
Livius lib. 42. Thuanus.  are but invitations and steps to more insolent demands and grievous pressures: Quicquid de Majestate Regia cesserunt Reges, cum eo simul de summâ rerum periclitandum esse. Inter fortunam maximam & ultimam nihil interest: 
Seneca. Tacitus.  Imperium habentibus nihil medium inter praecipitia & summa. It is a strong presumption that Princes are very defective in their government, when their subjects are risen to so high presumption, as to make associations, covenants and engagements in a Parliament against their will, whereby they raise a new allegiance in the People, and introduce new laws and forms in government destructive to the old, which produceth an Anarchy and confusion. Although for the making of these they pretend, and peradventure intent the preservation of Religion, their rights and liberties, and the release and prevention of grievances and burdens; yet this preposterous course, this indirect and violent means used toward their Sovereign much weakeneth, if it do not overthrow the justness of their cause, in case their cause were just, and maketh the cure worse than the disease. But oftentimes the preservation of their rights and liberties is pretended, that the present government and Empire might be overthrown, 
Tacitus.  and when they have prevailed therein, then set they forward the destruction of liberty. The Romans, saith Saint Austin, were first stirred up by their love of liberty, 
L. 5. c. 12. de Civit. Dei.  and then the desire of dominion seized upon them; for liberty seemed little worth, unless they had domination and rule. Liberty gotten by evil means, cannot be kept, but by power, and power cannot be kept and assured without dominion, and those who prosper in their iniquity continue therein: Seclera sceleribus tuenda: 
Seneca. Decret. causa 1 cap. 25.  principatus quem aut seditio extorsit, aut ambitus occupavit, etiamsi moribus atque actibus non offendit, ipsius tamen initii sui est perniciosus exemplo; & dissicile est, ut bono peragantur exitu, quae malo sunt inchoata principio. Many are the examples of Subjects thus perniciously and incricately engaged against their Prince, and in danger of being reduced under the obedience of him whom they have so much offended, and could neither trust, nor be trusted, never did think themselves safe, either by submission or composition, if they disbanded their forces, and kept not their sword in their own hand. And therefore to help themselves any other way-rather then to rest upon any assurance which their Prince can give, if they distrust their own strength, they have often put themselves under the protection of a foreign Prince, and, as Bodin observeth, from Clients they fall to be Subjects, and soon after from Subject; they become slaves. But if they do escape from being slaves or Subjects to their new Patron and Protector, which is very rare, yet they fall into discontents and jars with him, who never trusteth them, and never part fairly from him, or from any Prince, by whose power they have been supported against their Sovereign. Moreover those who have been contrivers and chief actors in a Rebellion, and have affrighted and cheated the People out of their Allegiance, and quiet estate, and drawn them to their faction, they are like those Ringleaders in the Rebellion of the Roman Colony, who when they found many of their followers inclined to send a supplication to Rome, they could not endure it, 
Livius lib. 6.  privato periculo corum publicum implicitum erat, they entangled the Common cause in their own particular danger, and fearing that they at last should suffer for all the rest, and be made a sacrifice to the Romans wrath, they turned the Colony not only from all consultation of Peace, but incited them to invade and spoil the Roman territories, and by addition of new insolences to put them from all hope of peace and reconciliation, and so did they engage all as farforth as themselves for their own particular interest and safety.  
In these great attempts and dangerous experiments upon a state and Commonwealth, although men do not set, as commonly they do, specious colours upon foul designs, but do really aim at some good reformation, and intent to proceed upon justisiable grounds and reasons, or at least so seeming unto them, yet soon after they have taken the work in hand, begun upon better intention than warrant, the Scene is changed, and they slip almost insensibly into the use of dangerous and unlawful means, through the many oppositions and difficulties which daily do encounter them, and into strange and unthought of labyrinths, and are driven through hopes and fears, which are great instigations to violent motions, especially if they are possessed with pertinacious spirits, to use those means which peradventure at first their heart did abhor. As if they seemed to take a pattern from those mentioned in the book of Wisdom, who say, Let our strength be our Law, and let us lie in wait for the righteous, 
Cap. 2.  because he is not for our turn, but is contrary to our do: He that is not for us, is against us. For ambition, fear, desire, revenge, are passions without rest or bounds, and if they meet altogether, as commonly they do in such men, they value nothing that standeth in their way, neither think themselves ever secure, being plunged in these perturbations, and beset and imbroiled on all sides, but still they carry the faces of men who expect nothing but revenge on them either by servitude or death, in case they sink under their burden. And when they have driven their iniquity to the height, and involved the seduced People in crimes, and at last finde every man's hand against them, they regard not if their Country perish with them, and in their own sight; which unto all men endued with reason is the most horrid spectacle in the world: 
Livius lib. 45.  As Theodutus said to his fellow-citizens, tyrannised over by two men of greatest power amongst them, that he had often heard of men that for the love of their Country had willingly lost their lives; but those two were the first, that ever were willing their Country should perish for them. But if these high flyers prevail, then doth their prosperous iniquity kindle in them vast desires, immoderata, incredibilia, nimis alta cupiebat, 
Sallust.  as was said of Catiline, and they strive as if they would give unto nature a law.  
Yet as their prosperous iniquity is intolerable to others, so are they requited in having it as unsafe for themselves. 
Seneca.  Intolerabilis in malo ingenio felicitas est, sed nunquam stetit in solido superba felicitas: and of this the Divine Oracles gives us an undoubted assurance: 
Psal. 92.  When all the workers of iniquity do flourish, yet shall they be destroyed for ever. A man shall not be established by wickedness. Their root shall be but rottenness, 
Prov. 12.  and their blossom shall go up as dust. 
Isaiah 5.  He shall bring upon them their own iniquity, and cut them off in their wickedness. 
Psalm 94.  The heavens shall reveal their iniquity, and the earth shall rise up against them. The Royal prophet notwithstanding, 
Psalm 75.  showeth the disturbance in the minds of men, and the great conflict he had in himself, when he did see the prosperity of the wicked, and the calamities which fell on those which feared God, until he considered their end, and how God did set them in slippery places, and cast them down into destruction. By the calamities falling on just men, and by the prosperity of the wicked in this life, we may perceive that the great Judgement is to come, and that reward and punishment are not to be judged by the things of this life, 
Ecclesiastes 9 August. de Civit. Dei. lib. 20 cap. 2.  which fall in like manner both to good and evil men: Non magni pendere seu bona seu mala quae vidimus esse bonis malisque communia, sed illa bona quaerere quae bonorum, at que illa mala maximè fugere, quae propria sunt malorum. When men according to their desire have had success in their rebellion and violent change of Government, and that the lot is fallen into their lap, yet the whole disposing thereof is of God, who often granteth them their desire, but yet for their greater punishment, and for as great judgement upon a people and Nation. It was observed that after the Cities of Italy had cast off their subjection to the Roman Empire, as a burden too heavy, they governed themselves not like free States, but as a people divided into several factions and Sects, which drew on them a deluge of evils: for Laws being undervalved and laid aside, they sought to support themselves by Associations and part-taking; and as one side grew overpowerful and formidable to the other, and wanting balance for the weaker side; that side so overpowerfull soon fell into several branches and subdivisions, and after into such confusion, all of them, that some of those who were of one party, were joined in some respects and Interests with others who adhered unto a contrary party. And so they fell into a civil war, which received no end (as it is most commonly) until one side was destroyed, and then the whole ruined at last, and tyrannical Government established by the prevailing party. And thus the Italians became a prey to several Tyrants and Usurpers almost in every City. And then followed not long after the faction of the Guelphs and Gybellines, which as Paulus Jovius saith, was longè gravissimus, & summè lugubris tumultus; non urbib●s modo atque oppidis, sed pagis agrestibusque familiis codem insaniae morbocorreptis vastitatem attulit: cum caedibus incendiisque grassari, cognatis, affinibusque extremam vim afferre, sacra non secus ac profana violare fas putarent; virtutis & gloriae loco ducerent, si adostendendum insigne factionis studium maximè crudeles evasissent. These were the fruits of sedition and part-taking after they had shaken off their ancient established Government. And thus they made the way easy for the conquest of them afterwards by foreign Nations; as Tacitus saith of the easy conquest made of the Britain's, who formerly obeyed Kings, Sed nunc per Principes factionibus & studiis trahuntur. The Italians in these factions and seditions succeeded the Romans their Progenitors, the most puissant and glorious People of the world, who after they had first fallen into factions, and then into Civil-war, could never be cured of their malady, but by another, which was the usurpation of Julius Caesar, and the Tyrannical Government of his Successors, and were compelled to submit unto a Monarchical Government, which of all other they most hated. Albeit they and others also often found misery enough, under the Tyrannical Government of many masters at one time, as it is in a popular Government, of which Bartolus saith, 
De Tyranno, & de regimine Civitatis.  that regimen plurium malorum, vel regimen Populi perversi non diu durat, sed de facili in tyrannidem unius cadit, & hoc saepius vidimus. There was no remedy left for our Country, to appease the discord, but by the Government of one man, omnem potestatem ad unum confer, 
Tacit. Annal. 1. L. 2. F. 2 de Orig. jur. Florus. Livius.  pacis interfuit: Necesse fuit Reipublicae per unum consuli: There had been no safety, nisi Populus ad servitutem confugisset: Into such times we are fallen, quibus nec vitia nostra, nec remedia pati possumus, they could neither endure the malady, nor the cure, neither discern which was worst. Thus the Egyptians long before had given them an example, who after they had fought each one against his brother, their counsels were destroyed, and the spirit of error mingled amongst them, 
Isaiah 19  and they were delivered up into the hands of cruel Lords, and mighty Kings had dominion over them. 
* Such as King Antiochus, who took away the daily Sacrifice, and the place of the Sanctuary and placed abomination, that made desolation. Daniel 8. verse 11. and Chap. 11 v. 31.    

CHAP. VIII. Of Seditions, and seditious Assemblies, and the punishment thereof; Of the power of the King, in that which concerneth the Militia, and the Arms of the Kingdom; And of other Rights of the Crown.  
WE may perceive what are the fruits and events of Associations, Covenants and Engagements, to wit, Sedition, Rebellion, and Civil war. Seditions have been the only bane of most flourishing Cities, whereby mighty Empires become mortal. They are in direct opposition to Justice, 
Livius lib. 3.  to the Common good, to the peace and unity of the People, which are the Pillars of all Societies. The Commonwealth, as was said before, is coetus juris consensu & utilitatis communione sociatus, so as it is manifest, that the unity which Sedition doth oppose, is the unity wrought by the bond of Laws, for the common profit and welfare of the people. Seditio est res perniciosissima, quip quae populi, civitatis, regni unitatem, 
Aquinas.  justitia & utilitate communi nitentem deturbat & dissipat: est semperpeccatum mortale de se, & principaliter est in procurantibus; opponitur unitati & paci seculari, ut schisma, spirituali. And therefore we do find amongst all Nations, severe laws and punishments against raisers of Sedition. So great a crime and odious it is, that the Jews when they had strained their malice to the height against our Saviour, could find no crime more capital and likely to serve for their purpose, 
Luke 23.  then by accusing him to Pilate and Herod of being a perverter of the Nation, and one who stirred up the People: And so did they accuse Saint Paul for being a pestilent fellow, and a raise of Sedition, 
L. 5. Cod. de hit qui ad Eccles. Paul. sentent. lib. 5. tit. 22.  The Law saith, Nemo conclamationibus utatur, nemo moveat tumultum seu seditionem sub p●na ultimi supplicii, ubi coetu convemuque facto homines ad seditionem convocantur, quod incidit in crimen laesae Majestatis. Those who used clamorous speeches to the Prince or people, 
L. 1. F. ad leg. Jul. majestatis. L. 1. l. 2. Cod. de sediti. Cujec. paratit. ead. l 3. S. 1. F. de vi pub. l. 3. c. 4. F. ad leg. Cor. de fi cartis. L. 28. F. de poenis. L. 1. ad leg. Jali. Majestatis.  Qui suscipere Plebem tentaverit, qui aliquid petunt à Principe, vel populo tumultuosis clamoribus; qui coacta multitudine magna vociferatione quid petunt à Principe vel Populo, tumultuosis clamoribus, ut seditionis auctores puniri. Seditiosi plectendi sunt capite, si saepius seditiose & turbulentè se gesserint: & nonnunquam puniuntur poenâ criminis laesae Majestatis. By the more ancient law of the Romans, before the reign of the Emperors, he was guilty of treason, Qui adversus populi Romani securitatem crimen committit, qui convocatis hominibus vim sacit, vis publicae reus est, quia publica pax turbatur, coadunatis hominibus, & omni armorum motu, publica securitas offenditur, as say the interpreters of Law. 
L. 1. F. ad dict. leg. Jul. Authores seditionis & tumultus, qui concitato populo, pro qualitate corum, aut in cruse tolluntur, aut bestiis objiciuntur, aut in insulam deportantur. Paul. sentent. lib. 5. de Seditiosis. Hengham cap. 2. Glanvil. lib. 1. c. 2. Bracton. fol. 118. But there is a difference between those who do only raise Sedition and War in the Commonwealth; and others who contend for the destruction of the Commonwealth. In civilibus Dissentionibus, quamvis per eat Respublica ladatur, non tamen in exitium Reapublicae contenditur; qua sunt hujusmedi quae non ad delendam, sed ad commutandam Rempub. pertinrent. Cicero. & l. 21. F. de Cant. & p●st●l Thus the Irish justify their late Rebellion against the English Rebellion, in that they did not strive to destroy the King, or the Kingly government, as did the English.  We find in our most ancient Law-books the raising of sedition to be a Capital Crime. Placita de crimine laesae Majestatis, ut de niece vel seditione Domini Regis, vel exercitus ejus: ad seditionem Domini Regis vel exercitus sui. I omit the Laws of other Nations.  
When Sedition and Rebellion have found entrance, they presently enter into a breach of two principal Pillars and rights of Empire, ever accounted inter jura summi Imperii; the one is, the Usurpation of the power of raising Money upon the people; the other is, the Arming and drawing together of Soldiers. For the first, the law porvideth, ut vectigalia nova, 
Tit. Cod. nova vectig. lib. 10. F de Publicanis. Deciss Rotae Rom. L. ult. F. de vi pub.  nullo decreto Civitatum institui possint, nec ultra antequam consuetudinem, inconsulto principe; nec sufficit quod agatur de communi utilitate seu necessitate civium, nisi ob damnum inevitabile evitandum: Qui nova vectigalia exercent, tenemur lege Julia de vi publica, quia vis Reipublicae datur: Force is thereby offered to the Commonwealth, as much as by raising and arming of Soldiers, 
Tit. Cod. ut arm. usus. Lib. 17. Cod. de re milit.  the other apparent usurpation of Regal Authority. Nulli prorsus nobis inconsultis quorumlibet armorum movendorum copia tribuatur.  
This is a universal Law at this day in all Kingdoms and Commonwealths, and before this Law the ancient Law of the Romans made him guilty of high treason, 
L. 1. L. 2 F. ad leg. Ju●iam Majest.  qui injussu Reipublicae bellum gesserit, delectúmve militarem habuerit, exercitum comparaverit, vel quò homines armati cum telis in urbe sint, and with this agreeth the common saying, nemo tractet ferrum, nisi qui sceptrum; the sword and the sceptre go together: Ordo naturalis mortalium paci accommodatus hoc poscit, 
Augustinus.  ut suscipiendi belli authoritas atque consilium penès Principem sit. Our Laws and statutes concur herein, and especially in prohibiting the arming of men, without the King's authority, and of this, one proof amongst many may serve for all. In the seventh year of Edward the first, the Parliament did fully acknowledge, that in them was no power to deal in matters of arms; the words of the Statute are, that in all Parliaments men shall come without force and armour, well and peaceably to the honour of us, and of the Peace of us and our Realm: and that all the Prelates, Earls, Barons and Communality assembled have said, that to us it belongeth, and our part it is by our Royal signory strictly to defend wearing of armour, and all other force against our Peace at all times, when it pleaseth us, and to punish those which do the contrary, according to our Laws and usages of our Realm. The Subjects are bound to go with the King to the wars at home and abroad, 
Cook Postnate.  and this showeth natural allegiance not to be local, as doth appear by the Common Law, and by divers Statutes declarative of the Common Law. 
Cook upon Littleton.  It is the King's peculiar right to call all his Subjects to arms, especially all those who hold by knight's service, and to carry them with him, when he maketh a voyage Royal, or send a sufficient man in their place, or pay Escuage. And therefore there can be found no Law or reason, to justify the imaginary right of the People or Parliament in the Militia. Salutem Reip. tueri nulli magis convenire quam Caesari, 
Deoff. Praefectivigil. F. Sallust.  nec alium ei rei sufficere quàm Caesarem, qui cohortes militares opportunis locis constituit: eam esse conditionem Imperandi, ut non aliter ratio constet, quam si uni reddatur. As there are somethings which a King cannot get from his subjects, but being either wrested from them, or imposed upon them, do destroy the essential pars of natural and just liberty, and doth render them rather slaves, than freemen: so are there also some essential rights of the Crown, which the Subjects cannot obtain from their Sovereign, by any grant or prescription, without destroying the essential and individual rights of Monarchy. A King cannot grant by his Charter, neither lose by prescription, as all the Interpreters of the Laws agree, those rights called the flowers of his Crown, which are Regalia suprema, & summa jura Imperii, regno tuendo servientia, inherent to his Royal Function and Politic Capacity, and serve for the strength and support thereof. And so by the Canon Law, Licet generalis sit tibi concessa legatio, 
Decretal de officio Legati cap. 4.  ad ea tamen sine speciali mandato non debuisti manus extendere, quae in signum privilegii singularis sunt tantum summo pontifici reservata. Illa jura non sunt in commercio, quae propriè sunt Dominii, Diadematis, Domanii Regii, quae sunt de bonis & juribus reservatis in signum subjectionis, & recognitio supremi & universalis Imperii seu potestatis; for by such grant, or release would ensue, as the Lawyers say, deformationem, demembrationem & turbationem publici Status & imperii. And such are the rights of making war and Peace, of having the last appeal unto him, or to his great Council and supreme Court; and of making leagues, and of dispensing with penal Laws, granting pardons, and such like. For the exercise of his just rights and the administration of his Regal office is committed unto him by God, without any permission to suffer the destruction of them, or any of them. Themistocles declared to the Athenians, and Cato to the Romans, that man could not usurp or prescribe unto any thing which was due unto the divine Majesty, neither could private men do the like unto the Commonwealth. 
L. 34. F. de contrah. empt. L 6. de contrah. emp. F. L 9 l. 45. de usu cap. L. 7. tit. 37. & 38. Cod.  The alienation of those things are by the Law forbidden, quae natura, jus gentium, vel mores civitatis commercio exuerunt, ut sunt sacra, religiosa, aut quorum commercium non sit: praescriptio longae possessionis non concedi, in rebus sanctis, sacris vel publicis Populi Romani, nec in rebus Fiscalibus vel Dominicis, quae sunt propriae principis. In the treaty between the King of Spain's Commissioners and the Hollanders in the year 1607, it was often urged and not gainsaid, for aught appeareth, that the supreme rights of Majesty and Empire could not be gotten from the King of Spain by any grant or transaction between him and his Subjects, 
Relationes Baudii & Meursti.  neither lost by any prescription or lapse of time. And yet may a King pass by his grant, and lose by prescription some things of profit, and of his revenue, and other inferior rights and Regalities according to the Laws and customs of several Kingdoms. And in some cases prescription doth lie in all Kingdoms against the King, or else controversies would remain immortal. So likewise grants, alienations and contracts made by the King for just causes and in legal form, are, and aught to continue valid, lest many inconveniences and much injustice should follow, and the King be in the worst condition of all men; & sit quasi exul, qui est omnium praesul. 
Baldus.  He is tied by the Laws of nations and nature to observe just contracts, which, as the Doctors say, he cannot make void, and revoke de plenitudine potestatis suae. The Lawyers affirm, that vectigalia & alia emolumenta ex jurisdictione provenientia, alienari possunt, & in part praescribi possunt, firma manente jurisdictionis suae suprema exercitatione apud se et successores suos, 
Baldus.  ita ut sit sine diminutione authoritatis supremae & derogatione directi dominii Principis. 
* No Act of Parliament can bind the King from any prerogative which is sole and inseparable to his Person.  And although some of these Regalities seem to be reserved, yet are they grantable and subject to prescription, as creare Tabelliones, monetas cudere, exactiones vectigalium aliquorum, and some others, quae cùm sint inter minora Regalia corporis, summique Imperii, & Patrimonii Regii integritatem non imminuunt: In his praescriptio valeat contra fiscum. 
* Peregrinus de jure fisci & alii. Chopin. de doman. Reg. Codex Fab. Sex. tinus de Regalibus. Tributa & alia publica functio seu collatio nullam temporis praescriptionem admittunt. Cod. l. 6. de Prescript. 30. vel 40. annorum. Et generaliter res Fisci non usucapi. l. 2, Cod. communia de usucapi. Institut. de usucap. l. 18. F. de usucap. temen sunt aliqui casus ubi praescriptio locum tenet contra Fiscum per leges & constitutiones Imperiales. l. 4. l. 6. de Prescript. 30. & 40. annorum. Cod. l. ult. C. de Fundis Rei privatae. l ult. C. de Fundis Patrimon. caus. 16. quast. 3. c. 16. de Tributis aliisque prensitationibus publicis nullo temporis spacio praedia redduntur immunia; non sic de alio jure publico, principali seu Fiscali & Feudali. Cujac. consultatio. 54.  Census, tributa & domnium Principis, res sunt inalienabiles, & imperscriptibiles, quarum vindicatio nulla temporis praescriptione submoveatur. His ancient and just tributes and customs, and his right of imposing moderate gabells and taxes, are not alienable, neither within the reach of prescription, as likewise the domaines of the Crown, called the Royal Dowry; for when these are taken away, he doth lose his peculiar and proper livelihood, and the ordinary means to support his estate; and the Commonwealth receiveth much detriment, when the King hath not wherewith to live of his own, but the people must be continually burdened with exorbitant and illegal Taxes and courses, used for raising of money, the most usual causes of discord between the King and the People, often producing Insurrections and Rebellion, and sometimes made use of by factious and discontented persons to justify or colour their designs against their Sovereign. The Emperor Vitellius unto some men released his Tributes, 
Tacitus.  to others he granted over-large immunities, without care of posterity he mangled and maimed his Empire. The Common sort accepted these favours, the fools bought them with money, which wise men accounted void, as being such as could neither be given nor taken with the safety of the State.   

CHAP. IX. Of the Act of Parliament wherein the King was to pass away his power in the Militia; And that other Act which was made for the continuation of the Parliament until both Houses should agree for the dissolving thereof. Of fraud or force used towards the King or any other men, for the obtaining of any Charters, Patens, or Grants.  
BUt we cannot find any grants of Vitellius, or of other Roman Emperors or Princes subject to more just exception, either in respect of the matter and things granted, or the means used for the obtaining of them, or the end and purpose for which they were obtained, than that act of Parliament, whereby the King was to pass away his power of the Militia, and raising of moneys upon the People for maintenance of forces by land and sea at the will of the Parliament, the ready way to out himself of all power of War and Peace, of arming or disarming his own Subjects, or any others, upon what cause soever, contrary to the rights and safety of Monarchies, and to the Laws and Statutes of England, as hath been before declared. But this was, as the Psalmist saith, to strengthen themselves in their wickedness, and to work their iniquity by a Law. The King might as well have granted them jurisdiction over any City or County of his Kingdom independent as unto himself, and exempt from his authority and the Laws of the Realm, and without appeal to his supreme Court: and he might as well have passed away his peculiar right of pardoning offences, and despensing with penal Statutes. The Doctors of the Civil and Canon Law say, that a King in what grant soever cannot abdicare à se superioritatem suam, & jus illud supremum, 
Baldus Alexand. Angelus & alii.  quod semper praesumitur reservatum, nec concedere censetur totum hoc privatiuè quoad se & successores suos: ita ut non possit alteri jurisdictionem dare aut potestatem, quin ei remanet major jurisdictio & potestas, quam fuerat translata: neque tamen quocunque modo Regalium concessio fiat, 
Sixtinus de Regalib. lib. 1. cap. 5.  ipsius Imperatoris, aut alterius Regis superior potestas ea concessione comprehensa censetur, sed potius major quam est concessa, illis reservata & retenta sit; neque potest à supremo Principe, licet velit, ita concessio fieri, ut superior potestas in alium transferatur. The fairest and the most specious pretences, and the strongest and most legal ties and formalities make that which is evil in itself the most pernicious and abominable; damnabilis est malitia quam titulus bonitatis accusat: 
Salvianus.  this Statute therefore being such and so qualified, and so destuctive to that power wherewith Kings are entrusted by God, and invested by the fundamental Laws of their Kingdoms; and serving most properly to raise and continue discord between the King and his Subjects, cannot but appear to all men, to be as absurd, as pernicious. And like this, was that other act, and of the same leaven and mould with that act of the MILITIA, which was made for the continuation of the Parliament, until both Houses should agree for the dissolving of it. But they did not stay for that agreement; for the Parliament was dissolved against their will, by the irruption of the soldiers. And yet before that, they did dissolve it themselves, although besides their intention, when they deserted the King and his authority, and acted contrary to their writ of summons, and to the rights of both King and People: But more apparently when they suppressed the House of Peers, and ran away most part of them together with their speaker unto the protection of the Army, and so became the Army's Parliament, under which power they still afterwards did sit and act, leaving the Parliament without any Lawful adjournment, sine die, sine capite, sine corpore. This Law for continuation of the Parliament, so directly contrary to the institution, and essence of Parliaments, and the undoubted right of Kings to call and dissolve Parliaments, was another new and strange Law; Lex nova & inaudita, as was said of the Roman Law Agraria, from which great seditions took their first rise, and from those seditions Civil wars, which never were fully ended, until that Commonwealth was utterly destroyed by the usurpation of Julius Caesar. 
Sallust. Paterculus.  It was a Law, quae summa miscuit imis; a Law, unde jus vi obrutum erat. For the iniquity of our two Statutes before mentioned, they may fitly in many respects be compared to this Law Agraria, which Tiberius Gracchus the Tribune of the People preferred to flatter the People, to continue himself in his office, that he might be the more safe from the Nobility and rich men his enemies, & the better bring his designs to effect. This Law, being very plausible to the Commons, Julius Caesar revived, to assure the People unto him, and to obtain their compliance with his usurpation. It was a law seditious in itself, serving aptly to embase and make contemptible the Majesty of the Senate and Consuls, but in respect of the means used to make it pass with their votes, it was abominable: for tumults were raised on purpose, and such violence was offered to one of the Consuls for opposing it, that the Ensigns of office carried before him were broken, 
Plutarch in the lives of Caesar and Pompey.  and a basket of dust thrown upon his head, and two Tribunes and some others in his company were wounded: and soon after came to an end the Roman glory, and their liberty. Insomuch as many of the wisest, seeing the madness of the People, and their contempt of Laws and their former government, thought themselves happy, if the Commonwealth was no worse afflicted, then with the burden of an absolute Monarchy. It is not the retaining of some of the usual form and solemnity, as was in the making our two Statutes, that maketh a binding law, if the principal and essential parts and properties of a Law be wanting. For a Law hath no force nor virtue, when the material and final causes and reasons of a just Law do cease and are determined, and the execution of that Law would prove injurious or absurd. And so a Law or Grant whose foundation and ground is laid upon a fiction or presumption of a fact, or thing which never had any existence and being, 
Medina. Felin & alii. Ancharan. Decius & alii, & Decis. Rotae Rom.  hath naturally no force & efficacy, as having no consent of the will, but only under an employed and supposed condition, Quae reipsa non extitit, & sic veritate facti deficiente, totum legis desicit fundamentum: quia haec est obligatio quasi ex falsa causa, quae nulla est obligatio, cùm deficiat voluntas ejus; qui se obligavit cum aliquo praesupposito, deficiente veritate dicti praesuppositi: Jus supposititium lex improbat. Moreover if a Law, although it had at first just causes and reasons for making of it, which after fall off and cease, doth lose its force and virtue, what may we say of our two Statutes and some others made in this long Parliament, which in lieu of just and legal causes and reasons were fraudulent pretences and illusions put upon the King to obtain his assent, and to abuse the people, for the advancement of evil designs, and the strengthening of a pernicious faction? In a stipulation or promise, although, for the making of it there was just cause, 
L. 2. F. de except. doli L. penult. F. de condict. sine causa. Cuiac. & alii.  sed nunc nullam causam idoneam habere videtur, vel causa non secuta, aut finita est, datur contra petitorem doli mali exceptio; quia non refert, utrum ab initio sine causa aliquid datum sit, an causa propter quam datum sit, secuta non sit, vel ex post facto redierit ad injustam vel nullam causam, ita ut datum videatur sine causa: Inomnibus causis quae jure non valuerunt, 
L. 54 F. de condict. in debiti. l. 36. de verb. obl.  vel non habuerunt effectum, revocatur quod datum vel solutum erat. All stipulations are in their nature, stricti juris, and therefore not easily made void; yet if one be bound contrary to his will by machination and practice, he may void such stipulation. And so all other contracts grounded upon deceit are void or voidable, where there is dolus ex proposito, dolus dans causam contractui, vel ubi res ipsa in se dolum habeat. And the Law doth ever provide, ne quis ex dolo suo lucrum habeat. 
L. 36. F. de verb. obl.  Exceptio doli accomodatur ei qui aliter obligatus est quam convenisset, licet alioquin subtilitate juris obstrictus esset, nihilominus repellit agentem ex stipulatu, ctiamsi nulla sit ab isto adhibita machinatio, dum tamen ipsares in se dolum habeat. And yet not every deceit, nor every fear will void promises, contracts and grants: as that fear is reputed sufficient which may overcome a man endued with fortitude, so that deceit seemeth by law sufficient which may deceive a prudent person, so as the fear or deceit were the immediate cause, without which the man would not have done the act. But how far this fear or deceit shall extend according to the quality, nature and condition of the persons and other circumstances; and whether deceit, error and ignorance do more abolish the consent of the will, then fear or violence, is to be left unto the Judges, as a question of fact, and so the Interpreters of the Law agree, after much diversity of opinions amongst them. As in all grants and releases, fraud is always presumed to be excepted, so shall they not extend unto that which the party granting or releasing may justly be presumed to have not had thought, either in specie or in genere; non ad inopiata & incognita extenditur dispositio, 
Decis. Rot. Rom. Farinacii. Decis. Rot. Rom. Lib. 2. Cod. de rescind. vend. Lib. 7. Cod. Quando provocare.  nec ultra ea pro quibus factum erat: so general words shall be restrained, ad rationem & causam propter quam fuerunt prolata, and so in case of excessive hurt and damage per enormissimam laesionem, aut error aut ignorantia aut dolus ex reipsa praesumitur. A sentence and decree shall not bind, if it passed through bribery and corruption, per sordes & turpitudinem ipso jure nulla est, although the Law saith, interest Reipublicae non convelli rerum judicatarum authoritatem; quia rebus judicatis stat status Reipublicae. Neither shall a Judicial decree prejudice one under age, 
L siquidem Cod. de Praediis minorum. Exravag. de reb. Eccl. non alienandis. l. 5. & penult. F. de reb. eorum qui sub Tut. l. 4. Cod. quib. ex cau. major. l. 35. F. de rejud. Cuiac. l. 1. F. de just. & jur.  neither the Church if any of the legal solemnities enjoined by law are wanting, for dolus reipsa praesumitur inesse. Or if such decree be surreptitiously gotten, than no propriety or right doth pass thereby from the Minor or Church, but still they may have their action real or personal, non tantum in personam sed in rem ipsam. Pacta contra jus Reipublicae non valent, & hoc ad Ecclesiam trahi debere, quae in jure semper comparatur Reipublicae, nam jus publicum, quod ad statum rei Romanae spectat, etiam in sacris & sacerdotibus consistit. The interpreters of the Law say, Ecclesia, Respublica, & minores circumventi vel lapsi in integrum restituuntur; ergo & Princeps; for above all, the law is most favourable unto the Prince. His Patents, Charters and Grants according to common intendment, and the usual clause inserted, are to proceed from him ex mero motu, & certa scientia. All his Grants and contracts, are bonae fidei, 
Baldus & alii.  rather than stricti juris, and aught always to be interpreted, ex bono & aquo. He hath many singular privileges by the Civil law, and by the Common law of England. He is not deprivable of remedy against undue forms; as he can do no wrong, so shall he receive no prejudice through the defects in Legal forms. The inserting or addition of any words or clauses prevail not against him, when there is cause to presume, that he was ignorant or deceived. There ought not to be with any man, but there must not be with him a striving, saeuâ praerogatiuâ verborum contra juris sententiam, nec rei gestae veritatem ulla scripturâ mutari, as in the Roman law. If there are legal and strong presumptions (praesumptiones juris & de jure, quae pro liquida probatione habentur) that his grant did not proceed from his certain knowledge and mere motion, but was surreptitiously gotten, no words prevail, but the more forceable they are, 
Baldus.  the more fraud they carry with them: Vbi abundantior est Cautela, evidentior fraus praesumitur: & quod quis ita cautè facit, ne fraudem fecisse videatur, major & periculosior fraus ex eo praesumitur: Clausulae & cautiones insolitae, ipsum actum magis suspectum faeciunt: 
Beldus, Decius & alii.  licet abundans Cautela non nocet, tamen quod dubitationis causae tollendae videtur poni, si sit insolitum, suspicionem inducit, & contractum simulatum arguit. Injustice, the more it hath of the show of legality, the more mischief it worketh. That lie is the worst, saith Quintilian, which seemeth to come nearest unto the truth. Nulla major pestis est humano generi & justitiae, 
Cicero offie. lib. 1.  quam eorum, qui cùm maximè fallum, id agunt ut boni viri esse videantur. This clause of certain Knowledge, doth not work effectually, nisi circa ea quae Princeps praesumitur scire, prout sunt ea quae in jure consistunt, secus circa ea quae in facto consistunt, de quibus saepe praesumitur ignorantia ejus. 
Decis. Rotae Rom. Farinacii. 656. pars 2.  Neither can that other forceable clause of mere motion hinder a just exception, and be a bar from making deceit appear, which deceit may proceed vel ex re ipsa, vel ex parte impetrantis, quando ex suggestione ejus obtinetur. Et cum emanaverit ad supplicationem supplicantis, censetur Papa vel Rex aliquis se fundasse super narrata, & si narrata non verificantur, 
Decis. Rotae Rom Durandi.  gratia, confirmatio, vel rescriptum corruit. Yet notwithstanding a man may be said to grant of his own proper and meire motion, although he accepteth the petition of the party, when he is not moved to grant, only because the other desired it, but of a willingness also, and bounty in himself. 
Decretal. de rescriptis. c. 20  In the Imperial Law it doth often occur nos amoventes quicquid surreptitia impetratio, furtiva deprecatio, vel potentia alicujus elicuit. Vbi literas impetrant à nobis per fraudem vel malitiam, 
L. 2. & l. 6. Cod. tit. si contra jus vel uti. litatem publicam. Coveruvias var. resol. l. 1. c. 20. l. 3. l. 1. Cod. de precib. Imp l. ult. Cod. si 〈…〉 pubil.  veritate occultata, vel suggesta falsitate. If those acts are void or voidable by Law, which are defective in respect of the form, or in respect of the indirect manner or means used for the obtaining them, as force, fraud, false suggestions, or concealing a truth necessary to be known: ubi mendacium reperiatur, sive in facti, sive in tacendi fraud, those acts also are undoubtedly void, in the matter and subject, which are utilitati publicae adversa, vel juri communi; and such are those which are against the just and ancient rights of the Crown, against the fundamental Laws, and the just rights and liberties of the subjects, 
L. 7. F. de. p●ctis. l. 112. F de legatis. 1. l. 5. Cod. de legibus.  for such are against the common peace and weal-public. Nec pactum, nec jusjurandum à jure communi remotum, servandum est: Jusjurandum contra vim & authoritatem juris, nullius est momenti. But a Law is of greater concernment, then either the contracts of private men, or the grants and ordinary Charters of a Prince. If equity be wanting to a Law, the vigour and life of it is wanting: Legum parens est aequitas: 
Cicero. l. 90. F. de regulis Ju. is.  in omnibus, maximè in jure spectanda est aequitas. Our Lawyer's sinde in their books, that when an act of Parliament, is against common reason, or common equity, or cannot be executed without doing wrong, the common Law doth controwl that act and doth adjudge it void, agreeable to that rule given by the Interpreters of the Civil and Canon Law, statutum potius interpretandum ut nihil operetur, quàm ut iniquitatem contineat. And yet notwithstanding all this that hath been said, some of our Lawyers delivered their opinion, being required by the King, that this Statute for continuation of the Parliament during the pleasure of both Houses was not void in Law; although by that Law the King was almost laid aside, or used but as a cipher, and little account made of his negative voice in Parliament, in respect of their new usurped power to make Ordinances; so as the Parliament was changed from being the great Council of the King, and became as the Roman and Venetian Senate; and they abused that power also of sitting during their pleasure, and so made a forfeiture thereof, if it could have been lawfully granted unto them. Thus contrary to the intention of both King and People, and contrary to the reasons on which their rights and liberties are grounded, and contrary to the fundamental Laws of the Kingdom, and contrary to the office and duty of those elected members, and to the nature and quality of all delegated power and authority, Procurators, Deputies or Representatives, became masters of all, and perpetual Dictator's, and did work all their iniquity by a Law.  
There is another way of fraud used to circumvent Princes, which is to observe an opportunity offered them by occasion of some necessities and straits, into which Princes often fall. Many learned men affirm, that all bindings and ties of Kings, although by virtue of a Law, upon the only advantage taken of their necessities and straits in their affairs, maketh the breach of that Law justifiable, inasmuch as any constrained assent, is never reputed a Royal assent, neither a durable assent. Amongst many examples there is one of our glorious King Edward the third, in or about the fifteenth year of his reign, who went roundly to work in such case, and voided certain things formerly granted by himself in Parliament, alleging that those things by him granted were contrary to his oath, and the rights of his Crown, which he granted not of his free will, but that he dissembled at that time, to avoid those eminent dangers which would have ensued upon his denial. Yet may we not approve Machiavils doctrine, 
Cap. 18. of his Prince.  that Princes may without dishonour break their faith, when the observation thereof turneth against themselves, or the cause which urged them to promise doth cease; albeit man's assent or denial is feeble and defective, when he is surrounded with inextricable difficulties, and oppressed with violent perturbations, and then to take an advantage thereof, is neither fair nor firm: for when strong and violent perturbations and affections have possessed the mind, all Laws allow them for just causes of qualifications of offences, and mitigation of punishment in most cases: 
Sereca.  Non est facile inter magna mala non desipere, & quid mirum est, animos inter dolorem & metum oberrasse? They who seek to hold Princes, or other men to the strict observation of promises, drawn by the advantage taken of their necessities and distress, can never have any sure hold of such promises, neither of their affections. It will never die in the Romans hearts, 
Livius lib. 9  but will always be fresh in memory, whatsoever shame the yielding unto their present necessity shall brand them with. Princes have, or at least they take unto themselves a larger scope and latitude, than other men can, or may, when as the freedom of their will is straightened by any coaction or necessity, and upon reason of State do they proceed, more than upon rules of Law, or axioms of Philosophy, 
Plin. Paneg. L 10. F. de conduit. Instit. L. 79. F. de Jure dot l. 63. F. de conduit & demonst.  and may sometimes do that justifiably, which private men may not, non potest non nimium esse privatis, quod Principi satis est. Howsoever Princes shall not be tied, when other men are freed from those stipulations, contracts and conditions, quae laedunt pietatem, existimationem, & verecundiam eorum; & generaliter contra bonos mores sunt, quia nec talia facere posse, credendum est: Id possumus quod jure possumus: Paria sunt impossibilia & turpia. A Prince when he is injuried or damnified, may, as the Schoolmen say, in his defence, or in vindication of his reputation (which doth much support his authority) act in a different manner, and proceed to a higher measure and degree then private men; for the injuries done unto him, and the damages sustained by him, much differ from those of other men's, both in quality and extent:  gravius peccatur in personam magis Deo conjunctam, 
Aquinas.  sive ratio officii sive virtutis spectetur; sic quantò aliqua injuria in plures redundat, tantò gravior est, ut est ea quae fit in Regem, qui gerit Personam totius multitudinis, & sic redundat in injuriam totius. But Princes, as well as others, are obliged to the observation of their promises and contracts by natural equity: 
Seneca. L. 1. l. 7. F. de Pactis. Baldus.  Pacta conventa, naturali aequitate rata sunt, quae non sunt dolo malo facta, nec contra leges. Faith is expected more fully to be performed by Princes; Exuberantior fides ab iis requiritur: variatio, & inconstantia in Principe maximè reprobatur; debet esse immobilis sicut lapis angularis, & sicut Polus in Calo. And therefore it is most dishonourable in a Prince, aliquem speciem juris fraudi imponere, aut frauds & captiunculas miscere, 
Livius. Lipsius' Cicero. Sleiden. 19 Nat. Comes 3. Guicciard. 5. Gentil. de jure belli Lib. 2. c. 4. l. 2. Cod de legibus.  syllabas & apices aucupari, quod leguleorum est; for which cavillations and carping at words; two glorious Princes, Ferdinand of Spain, and Charles the fifth his Grandson, did suffer in their reputation, and so did Lewis the twelfth King of France, quod non Principibus sed leguleis dignas verborum ac pactorum interpretationes afferrent: notam infamiae is incurrit, qui ed astutè interpretari voluerit. The Emperor Justinian gave amongst his Laws two good rules for Princes, the one concerning the observation of their own contracts, Imperialibus contractibus vim legum obtinentibus: the other for observing their Laws, digna vox est Majestatis regnantis, Principem profiteri se legibus alligatum esse; de authoritate juris pendet nostra authoritas. 
L. 4. Cod. de legib.  For a Prince by breaking his faith, and not governing his People according to his Laws draweth upon himself hatred or contempt, or both; either of them are most effectual means to rend in funder the Pillars of his authority, and the sinews of his Government, and when either of these have possessed the minds of men, 
Florus.  novae libertatis avidi, cupiditate libertatis incensi, they are seldom removed by any art or industry; and then all his actions good or bad, shall have one and the same interpretation: 
Tacitus. Lib 3. c. 5. discur. upon Livy.  Inviso semel Imperio, seu benè, seu malè facta premunt. Machiavil doth boldly tell Princes, that the same hour they begin to lose their State and Authority, when they begin to violate and undervalue the ancient institutions, Laws and Customs, under which they and their ancestors have lived long and happily; 
Livius lib. 2.  Imperii omnis vis in consensu obedientium est.  
All Laws Humane and Divine are against violent acquisitions, except in a just war, how just soever the cause be. For in a lawful war there is jus hostium & fas armorum, 
Ticitus.  and he who is taken prisoner in such war is a lawful captive, not he who is taken by Pirates, 
L. 24. F. de Captivis. Cuiac. ex Cod. Theod. ed c. ult. de restit. Spol. Decretal. l. 27. F. de Captivis. Cap. 11. Decretal. de Judiciis.  thiefs, rebels, or in a civil war; in civilibus dissentionibus non sunt jura captivitatum & Postliminii: Quae rapta sunt bello civili, dominis, si extent, restituenda sunt, qui bello civili se non immiscuerunt. Things gotten by thiefs, latrocinio subrepta usucapi non posse, no title doth accrue unto him into whose hands soever they come: non multum intersit quoad periculum animae, an quis abstulerit rem per vim, ac sciens prudensque rem retinuerit, per vim ablatam ab alio; quia interdictum unde vi, sequitur quemcunque possessorem, for, 
L. penult. C. de acquir. poss.  malae fidei emptor, in vitium venditoris succedit: Possessioni violentae insistentes, vim continuo exercere dicuntur. Time which weareth out all things, will not wipe out that impression and canker, and raise a just title unto things gotten by robbery and rapine. 
Lib. penul. F. de interdict. l. ult. F. de vi bon. rapt.  Perpetuo persecutio rerum vi ablatarum, rei subreptae aeterna authoritas esto: And this in respect of a double obstacle, vitium in re seu ex re, & vitium ex persona, which cannot be purged, and a way opened to prescription, 
L. 24. F. de usurp. & usu cap.  until that which was thus violently gotten, return again into the hand and possession of the owner, or his lawful successor. So odious doth the Law render violent taking, that if the thing perish in the hand of him who committed the violence, by chance and without his fault, and that in probability it would have perished, if it had been returned to the owner again, 
L 1. & 34. & l. 19 F. de vi et vi armate.  yet the violent taker is still liable, etiamsi sine culpa ejus amissa res sit, aestimationem tamen illius rei per interdictum restituere debeat, quia ex ipso tempore delicti plu● quàm frustrator debtor constitutus est: periculum rei ad eum indistinctè pertinet; licet involuntarium, si habeat suum ortum ex voluntario, censetur pro voluntario. Moreover he who keepeth one under unjust and illegal captivity, can gain nothing of him, who during that time can grant him nothing; for he who offereth violence to his Debtor, to get what is his due, loseth his debt, and falleth into the compass of the Law Julia de vi for his farther punishment: 
L. 12. F. quod metus.  Si quis rem violenter invaserit, si dominus sit, rem amittit, quam abstulit; sin aliena res erat; non solum eam reddit ei qui rapinam passus est, verum ipsius rei aestimationem. Si vinxeris hominem liberum, 
L. 7. Cod. unde vi.  eum te possidere non puto, multò minùs per eum res ejus à te possidebuntur; neque enim natura rerum patitur, ut per eum aliquid possidere possumus, quem civiliter in mea potestate non habeo. 
L. 23. F. de adq. poss.  He who hath cast a man in prison, ut aliquid ei extorqueret, quicquid ob hanc causam factum est nullius est momenti: 
L. 22. F. Quod metus.  Timer vinculorum restitutionem parit: si quis dedit aliquid, vel se obligavit, ubi in furto, adulterio, vel alio flagitio deprehensus erat, timuit ille mortem vel vincula. But those promises, contracts and transactions made in prison, between the Creditor and Debtor, cannot be said to be void or voidable by Law, as done out of fear, because he is detained in prison; for imprisonment is ordained for Debtors, and therefore the Debtor is presumed to draw it justly upon himself, and if he made a promise or contract out of fear, hunc sibi metum ipse infert. 
 in l. 21. in principio. F. Quod metus  Promises and contracts made through fear of an unlawful restraint are void in law, which fear is not cleared and taken off, until he be restored unto his full liberty, and the cause of his fear taken away; for until then, it is still presumed, that this fear had its influence upon all his actions, although they seemed voluntary: Eadem causa metus manente, 
Decius ad reg. jar. 40 & sic alti. Decis. Rotae. Rom.  purgari per temporis intervallum metus non praesumitur, nec per ullos actus purgatur, nisi tales sint, ex quibus nulla alia probabilis praesumptio capi possit quam purgationis metus. What is a just and probable fear, is a question of fact, rather than of Law, although questinos of fact oftentimes draw after them questions of Law. So as in this of fear, as in that other of fraud before mentioned, the Judge is to determine, after due proofs and consideration had, of the quality of the persons, 
L. 1. l. 5. F. Quod metut. l. 3. F. ex quibut cause. Maj.  and other circumstances. The Law in general saith, that fear is mentis trepidatio, instantis vel futuri periculi ob causam; And that a just fear, is timor majoris malitatis, ut timor mortis, vel cruciatus corporis, and doth express few cases of a just fear. I find this to be one cause, when a man seethe or heareth armed men come towards him, and flieth for fear, 
L. 3 S. 7. F. de vi armata. Lib. 3. & 7 de usucap. L. 1. S. 29. F. de vi & vi arm. s. 33. S. 2. F de usucap. L. 29. S. ult. locati. L. 4. F. de vi publica.  it is presumed he was expelled by force and arms, si possessio fuit ab his armatis occupata: but another Law saith, sufficit terror armorum to make a forcible ejection; Is qui metu turbae perterritus, si fugerit, videtur vi dejectus esse: Imo si homines armatos venientes extimuerit, & ita profugerit, licet nemo ingressus fuerit, vi dejectus videtur; quia in metu non consideratur eventus, sed justa causa timoris: & two qui coetum & concursum fecerunt, vel homines ad hoc accommodaverunt, tenentur de vi publicâ.  
All this may sufficiently serve to justify the King and his party in leaving White-Hal and the Parliament, after they had been often assailed by a tumultuous rout, having not power to suppress them, and those that had, did incite them, and made their advantage by them, qui crimen, 
Causa 23. quast. 8. cap. 12 Seneca.  cum potest emendare, non corrigit, ipse committit: & aeque dignumesse ponâ, qui ab alio admotâ vi, ad suum lucrum utitur, ac eum qui vim adhibet. Insomuch as this clamorous and tumultuous rout, were like that seditious assembly at Rome, who required the Senate, 
Livius lib. 2.  rather in threatening, then by way of supplication, and stood about the Curia, as if they would be Judges or moderators of the Public Council, so as very few of the Senators could be induced to repair unto the Consuls, and many of the rest of them were afraid not only to come to the Senate house, but to adventure abroad into the market place and streets. These our tumultuous assemblies, and the abominable disorders and contempts by them committed, cannot be excused (if they had not been encouraged by many of the members of the Parliament) in saying it was the fact of the vulgar sort, and that delicta vulgi, 
Livius.  à Publica causa separari; for their offence was not sudden, momentary, and unexpected; it had tract of time, continuation and iteration, whereby the fact of a few shall involve those in authority, and had power to suppress, punish and prevent them. Si non compescimus, aut non ulciscimur, quod est delictum privatum, fieri potest publicum, & sic non singulos tantum teneri, sed universitatem illaqueari, as say the Doctors of the Laws; for the knowledge, the will, yea the command of the superior, or of the whole body, Corporation and college is presumed, quando delictum non est momentaneum, sed successivum, & delinquitur iterum at que iterum pluries, & palàm. Men in authority draw guilt upon themselves, by omitting their duty in preventing and punishing offences, especially publicly committed: Qui non prohibet, jubet, 
L. 60. F. de reg. jur.  & mandare videtur: qui potest prohibere, & patitur peccare, vires subministrat andaciae: Vox est in jure Canonico frequentissima, 
Cuiac. ad Decretal. de Testib. c. 45.  non carere scrupulo societatis, & consentionis occultae qui manifesto crimini desiit obviare. One other cause of just fear declared by Law, is when the Master is compelled by popular tumults and acclamations, to set free his bondman: In this case the bondman could not obtain his freedom, which the law doth favour, although the Master did at that time seem willing, 
L. 17.5. Qui et à quib.  Qui coactus à Populo manumiserit servum suum, quamvis voluntatem suam accommodaverit, & mentitus sit, tamen servus non erit liber, 
L. 12. Cod de Poenis.  nam ex acclamatione Populi manumittere prohibetur. Vanae Populi voces audiendae non sunt, nec vocibus eorum credi oportet, quando aut noxium crimine absolvi, aut innocentem condemnari desiderant: Populus docendus est, non sequendus. 
Distinctio. 62. & causa 5. quast. 4. cum glossa. & causa 8, quast. 1. c. 16. tit. 6. de Electionibus. c. 2. Decretal. Electio ad clamorem Populi non vales, astamen ad clamorem Populi remittatur alicui poena: Glos. ad dict. l. 8. quaest. 1, c. 16.  Praesumitur de injusta ejus electione, qui per clamorem & tumultum est electus. Much more ought we to refrain the condemning of any man, by the acclamations of the People which did chief set forward the condemnation of our Saviour, and it may be, and hath often been (as in the case of the Earl of Strafford this Parliament) an occasion of much wrong and injustice, with men in authority, void of fortitude as Pilate was. 
1 Sam. 15.24.  Saul was brought to ruin by his own ackowledgement, by transgressing the commandment of God, in fearing the People, and obeying their voice: But in evil times, good men to avoid a storm, have been driven to a refuge more necessary than just, as was the case of Aaron, 
Aug. de Civit. Dei l. 14. c. 11.  qui erranti populo ad Idolum fabricandum, non consensit inductus, sed cessit obctrictus.   

CHAP. X. The Case of Subjects in Rebellion against their Sovereign, and the error of those that would draw more crimes within the compass of Treason than they ought; Of Acts made and passed under the power of a Usurper.  
AS the King's cause is more favourable than other men's in divers respects, so is the condition of Subjects in Rebellion, or guilty of Treason, the worst of all other Delinquents in all respects, for the Law saith, Per mortem crimen corum non extinguitur, 
L. 7. Cod. ad leg. Jult Majestatis L. ult. F. ad leg. jul. Majestatis. l. 15. & l. 31. F. de denationib. L. ult. F. ad leg. Jul. Majestatis.  sed post mortem id crimen instaurari solet, & consiscantur eorum substantia & bona; post contractum perduellionis crimen donationes factae non valent. Those who are in Rebellion, qui hostili animo adversus Rempublicam vel Principem animati sunt, are greater enemies to their Country then Pirates who are reputed common enemies, and may be destroyed by any man, being put out of all protection by the Law of Nations, ipso jure diffidati sunt; for they being violators of all Laws, can have no benefit by any Law; they have not jura belli, 
Baldur. l. 24. de Captiv. l. 18. Cod. de Furtis. Bartoli. & Peregrinus de jure Fisci. L. 7. F. Quod metus. l. 54. F. de Furtis. Peregrin. de jure Fisci. Tertullianus. Livius lib. 2. L 9 F. ad leg. Cornel. de Sicartis.  captivitatis & Postliminii, due unto just enemies: licitum est navigia, bona, & res naufragatas corum surripere, & sic ab iis qui sunt nobis aut Christiani nominis inimici. And so a notorious and declared Rebel ought not to have protection from any Prince, especially from him who is in league with his Sovereign; for such a Rebel is said to be exposed to the violence of all men, and he that doth kill such a Rebel, it is presumed he did it se defendendo de illius rebellione. But a Rebel as well as a Thief, if he maketh resistance or defence, may be justifiably slain; liceat occidere furem si telo se defendat. Talis rebellis in persona sua potest impunè occidi, & bona ejus occupantihus concedi: In r●os Majestatis omnis homo miles est; quem lex aut consuetudo habuerit pro sacro, non erit capitale, siquis eum occiderit. Sic furem nocturnum impunè quis occidat, si parcere ei sine periculo suo non potuit. In former times a man outlawed for Felony, 
Hoveden in H. 2. Augustin. nec potest privatus agere vicem potestatis alioujus. August.  might have been put to death by any man, nam lupinum caput gerit à die ut legationis suae. And yet regularly and by Law, nec quenquam scelestum & indemnatum impune occidi: but in some few cases, the Law giveth the sword into a private hand, especially to suppress and destroy notorious Rebels, if they make resistance, as likewise public and notorious Robbers and Invaders, 
L. 2. Cod. quendo liceat unicuique. l 2. Cod. de desertorib. Faber semest. Cap. 2. de Privilegiis in Decret.  and such as run from their Colours and Captains in time of War. cunctis adversus latrenes publicos, desertoresque militiae, jus exercendae publicae ultionis pro quiete communi indultum est, ut non modo defendendi se, sed ulciscendi causa propter publicam utilitatem: Ecclisia violentos laicos coercendo non dicitur contra legem agere, sed legi subsidium praestare.  
The reason which doth justify this irregularity in proceeding against such malefactors, is given by Cicero, quia in tanta perturbatioue rerum temporibus potius parere quam moribus, and the Law agreeth with it also, quia latro manifestus vel seditio praerupta, factioque cruenta moram non recipiant. 
L. 6 & 9 F. de injusto rupto. Testamento.  Those who are in rebellion against their Sovereign, are in another respect in a worse condition than all other delinquents, for all their transactions and agreements made with their Prince, during the time they are in arms, are void, and so it was declared to Henry the forth of France by men of great prudence and learning, 
Thuanus.  and the like was said of the Hollanders some years before: For what Peace and transaction is that, 
Ayala de jure bell.  saith Cicero, by which nothing is granted unto him, with whom the Peace of transaction is made? Transactio, nullo dato, vel accepto, vel retento, fieri nunquam possit. 
L. 28. Cod. de Trans.  If the King and Commonwealth recover again their former estate, after a rebellion, although upon hard conditions, yet the King's condition and those in rebellion will prove afterwards very different and unequal; for whatsoever they got by arms, they lose in the time of Peace, 
Th●●n. lib. 105  perit illis, & Regi accrescit, ejusque potiorem eventu conditionem esse, qui jure potior est, as the Marshal Shomberge said unto Henry the forth of France, when he persuaded him to make Peace with his Rebels, almost upon any conditions, quia Princeps ex host fit dominus; and this causeth those in rebellion to be so unwilling to submit, or trust unto any accord, or assurance given them. The old saying doth stick in their minds, he who draweth his sword against his Sovereign must sling away the scabbard: Although these agreements and transactions with those in rebellion are void, but upon condition they first submit, and return to their former obedience, 
Livius.  qui pacem petunt, inermes postulare, & de pace agere debent, was the course holden by the Romans with those who were not their subjects: 
Cicero.  Hostibus non aliter pacem concedebant Romani, quam si armis positis eam petant, sin autem pugnantes eam postulent, victoriâ pax, non pactione parienda est. But this Roman magnanimity is lost in this latter age, and Princes are necessitated oftentimes to wave much of their right, and to treat otherwise with those in rebellion, for the obtaining of Peace, the most inestimable blessing upon a nation, and so necessary, that Cicero saith, a most unequal and unjust Peace is to be preferred before the most just war: Princes therefore ought rather to regard what they ought to do, for the good of themselves and their People, than what they deserve to suffer who offend: and he seemeth to do most wisely, who setteth revenge in the last place, and taketh it in hand when all things are made sure. 
French Invent.  It was observed of Charles the seventh of France who had sharp war with the English and with his own subject; almost at one time, that his clemency and his endeavours to obtain Peace did not cause him to neglect just and necessary severity, neither by immoderate and unseasonable revenge, which is rather a wasting then correcting, did he dissolve the bonds and cut off the hope of reconciliation and unity, which would keep the wounds continually bleeding and festering, and cause new maladies to increase and multiply. 
Salvianus.  Multo felicius est & laudabilius, suis aliquando etiam immeritis ignoscere, quam in suos meritò vindicari. It is observed that Hannibal was cruel, and Scipio his adversary was full of Clemency, yet each of them accomplished their designs, although they took a contrary course to each other. 
Machiavil. dis. lib 3. c. 21. & 22.  But men easily slip often into a defect and danger, by the use of cruelty or clemency, if it be not corrected by an extraordinary virtue, and conducted with exquisite prudence. It is often observed that by treating with rebels, 
Ayala de jure bell. lib. 2. c. 7.  quorum arrogantiam patientià & módes●●â vincere arbitramur, ferociorès rèddamus, & priorem ferendo injuriam, invitas novam. Cupiditas istorum hominum, aliquid tradendo iis, non restringitur, sedinflammatur; & quicquid concesseris initio, ad ulteriùs penetrandum sit gradus. 
Buchanan. Scot Hist.  I cannot let pass the error of those who are too quick in charging men with treason; some out of indiscretion, some out of a desire of revenge, or to advance some designs by taking him away that is an obstacle; some guided by the votes in Parliament, will have all men guilty of treason (as far forth as they themselves who are in rebellion) for giving the King ill Counsel as they pretend, or for executing their authority civil or military in an exorbitant and illegal course, and so make these to be enemies of the Commonwealth, destroyers of the fundamental Laws, and liberties of the People, and raisers of war against the King and the People. Although such Counsellors and Ministers may be in part guilty of some of this, and therefore deserve severe punishment, yet not the punishment due for high treason and rebellion.  
To take in all these crimes into the Crime of high treason would cause a boundless and indefinite definition and description of high treason, and would appear contrary to the understanding of the Interpreters of the Laws, and to the intention of all Lawgivers, and confound the wits of the best Logicians to make it probable. This doctrine would often hinder the endeavours of the best and most able Counsellors and Ministers, to the great prejudice of the Prince and State, in making them timorous, and ever uncertain what to advice or act. And this were also to make him guilty of treason, who resisteth by force and arms the execution of any judgement and decree of a Court of Justice, which would be very absurd: 
L. 5. F. de Crpit. minute.  Non omnis resistentia armis facta adversus Judiciarii decreti execution●m, neecum cives inter se tumultuantur, & sit tantum partium & saclionum certamen, dicitur crimen perduellionis & laesae majestatis, sedubi aliqui desiciunt ab his quorum sub Imperio sunt; vel cum quid comra salutem & maj●statem Imperii machinatur, 
I. 21. F de Capt. & Posslim  & in exitium Reipublicae contenditur. Ins●iciendum sit quid agitur principaliter: voluntas & propositum distinguunt maleficia. 
Lib. 1. F ad leg. Jul. Majestatis.  Statutum de turbante Pacem, imelligitur de eo qui actum simpliciter facit ad turbandam Pacem, non si ex actu turbatio pacis sequitur, dicunt Dectores. It is the will and the purpose that doth distinguish offences, not the act only, or the event: fraudis interpretatio semper in jure civili non ex eventu duntaxat, 
Papinion. lib. 78.79. De reg jur.  sedex consilio quoque desideratur: fraudem, eventum habuisse, necesse est, & consilium praecessisse fraudem. We may not imitate those Emperors who did bring into the compass of Treason what they list, and were therefore noted with infamy: addito crimine Majestatis, 
Tacitur.  quod tùm omnium accusationum complementum erat; cuncta quaestione Majestatis excrcita: 
Plinius. L. 7 F. ad leg. Jul. Majestatis.  Erat unicum crimen corum, qui crimine vacabant. Sed crimen Majestatis non a Judicibus in occasionem, ob principis Majestatem habendum esse, sed in veritate, non arripienda quaevis occasio ad adulandum Principem, nisi revera quis reus sit. 
* Paulus sentent. lib. 5. cap. 29. Cum jac: Ligiumi Principes subditis us li buis non ut servis imperant: non ex terrore aut crimin bus Majestatis, re verentiam nomini meo adqairi vole, dicebat Imperator Tiberius.  Although the agreements and transactions made between a Prince and his Subjects in arms against him are void in Law, yet for the peace and welfare of the people, which is the supreme Law, they are often confirmed and continue in force; so for the same reason, divers Acts and Ordinances made by and under a Usurped power are observed and continued. Those judicial Acts in Courts of Judicature in private men's Causes are held valid, after the Tyranny is removed, and the Commonwealth reduced into the former estate, 
L. 207. F. de reg. jur. L. 65 & 2. ad Sc. Trebel. Cicero. L. 25. F de statu hem. Decis. Rotae Rom. Favinacii & Glossa ad cau. 9 quaest. 1. & ad caus. 1. quaest. 1. c. 57 Cuiac. paratit. Ne sanctum Bapt. iteretur Cod. Aquinas & ●olti.  and this is so, potius ex bono & aequo, quam concesso jure, quia publicè interest rerum judicatarum, non convelli authoritatem; status Reipublicae rebus judicatis maximè continetur: for if the judicial Acts should be disannulled, peace would always be disturbed, and the common right of men destroyed. Therefore in many cases, neither the personal defects, neither the want of a lawful calling in the Minister, Judge or Magistrate, shall prejudice men's rights, and deprive others of the benefit of their usurped actions and authority. Episcopus licet excommunicatus, si non fuerit declaratus excommunicatus, & protalihabitus, gesta ab eo sustinentur. Qui ab haereticis baptizatiessent in nomine Trinitatis, Catholici non rebatizarent. Placuit Ecclesiae Catholicae, dicit Augustinus, ne in ipsis haereticis baptisma commune rescindere: Essectus Sacramentales non excluduntur, propter culpam conserentis Sacramentum, ubi ignoramter vel ex necessitate, vel in forma Ecclesia recipitur. 
* Excommunicatio, licet privat facultate eligendi tam activa quàm passiva, & suspendit ab efficio & beneficio, tamen si excommunicatus habet officium publicum, valebit quod per illud faciet ratione & virtute ejus quousque toleratur. Navari in Manual.  There are many acts of necessity held in force, although done contrary to those formalities, and to the strictness by positive Laws prescribed, and the acts allowed, although the persons are by Law disabled who did act. Clodius was contrary to the Roman law made a Tribune; and Barbarius a bondman, contrary to the Law, and to the intention of all, through ignorance of his condition, was made Praetor, yet the acts done by virtue of their office were held firm, 
L. 3. F de offic. Plaet.  propter utilitatem eorum qui apud eos egerunt, tamen aliud sit Praetorem esse, aliud Praeturâ fungi: non suit Barbarius ita factus aut liber, aut Praetor, sed acta apud cum confirmantur, propter u●ilitatem aut quietis causam. 
Cicero.  Common error although it doth not create or confirm right, yet doth it often give force and virtue to the actions of those men who are solemnly, although erroneously elected for the preservation of peace and men's rights: Much is tolerated of common and public error in favour of the Supreme authority and common good, and the right of particular men; ita ut tria concurrant, communis error, 
Baldue.  Superioris authoritas, publica utilitas: Our Saviour did bid them observe and do as the Scribes and Pharisees required of them, who, he said, did sit in Moses chair, 
Mat. 23.  for the lawful Priests and Levites were not then in being. But it was not the common error, say the Interpreters of the Law, that made this Barbarius a bondslave a Praetor: non error simplex, nee publica utilitas simple x, sed voluntas, 
Decis. Rota Rom Farinacii L 2 F. de Judiciis.  quia à populo ercatus crat, qui etiam servo cum honorem dare poterat. Communis error praestat causam validitati actus, & excusat à prnâ: & authoritas superioris licet erretur in jure, tamen causat bonam fidem: error non dat jurisdictionem, nee facit jus, licet justam excusationis causam praebeat. So favourable to private and innocent men were the Athenians, that they paid them the moneys which the Tyrants had borrowed of them upon the public faith, after they had expelled those Tyrants and reduced the State. Thus when the King of Naples fled, and lest his Kingdom to the French King Charles the eighth, who had compelled the Treasurers and others debtors, to the King of Naples, to pay unto him or to his soldiers all those moneys due unto the King of Naples; 
Afflict: dreiss. Neapol. Bodin de Repub. lib. 2. c 5. Bartolus de Tyranno  it was adjudged by the supreme Court of Naples, that the King of Naples being returned and repossessed should allow of it and discharge them: si Questores regni, in belli civilis ardore, aut urgente tyrannide, aut legitimis hostibus invadentibus, pecuniam publicam numcrare coguntur, illud acceptoserre Respub. debeat.  
But as for those acts of the public interest, and are publici juris, they are for the most part of them reputed void, being made and done by and under a tyrannical and usurped power; as the raising of taxes and impositions, the granting of Patents and Charters of Crown-lands, and offices and honours, the making of Laws and ordinances, especially in derogation of the ancient Laws and customs. Irritae sunt ordinationes, benesiciorum collationes, & Ecclesiasticarum rerum alienationes ab Octaviano & Guidone Haeresiarchis factas: illus vero qui juramentum sponte de teneudo Schismate praestiterunt, à sacris crdinibus & dignitatibus manere suspensos decernimus. 
* Tit. de schismat. c 1. Decretal. hrita suntomnis facta à tali haeretic● qualit erat Novatianus, neminisuccedent, à seipso incipiens à seipso ordinatus, Cathe. dram sibi constituens, & P ●imatum assument. Divus Cyprianus, Epist. 6. lib. 1.  The Canons and decrees made during that great Schism in the Church, when there were three Popes at one time, immediately before the election of Martin the fifth, were made void by the Council of Constance, nisi ad fidem & benos mores pertinerem: but some other acts and decrees of those three Pope's Competitors were allowed and ratified, for preservation of the Peace of the Church, quod jure hactenus ambiguo, fraudi cuiquam esse, non conveniret. Our acts of Parliament in the first of Edward the fourth, declared all men's private acts saved, etc. excepting those who claimed by grants and patents of Henry the fourth, Henry the fifth, and Henry the sixth. And the like avoidance declared of those grants and patents of things belonging to the Crown made by Richard the third, called Kings in fact and not in right. So also all letters patents made by the pretended Queen Jane were declared void in the first of Queen Mary, 
Platina. Paul. Aeonilius.  but the obligations, contracts and conveyances between private persons, although dated under her name and usurped hile, were allowed. We have a late precedent in France in the time of Henry the fourth, 
Thuanus.  to the same effect. When those of the league made war against him, and usurping his Regal authority, made many grants, patents and alienations to the prejudice of his crown and dignity, they were declared void, but not the judgements given in Courts of Justice for particular men's interest, neither the acts and assurances passed between private persons, although they were made by and under that usurped authority, name and stile. Quae sunt publici juris & Corone, separatam habent à jure privato causam & rationem. 
Ba-tolus & al●i. Bald. & Gay. lu in ●bierv. Imperial. Cunb. Cuiacius.  Quae tempore Tyrannidis innovata sum, penitùs amiquata, cassata & recisa sunt; And many Constitutiors Imper●● are extant of Justinian, declaring to be void such acts as passed under the power or Tyrants and Barbar●ans, as those gifts and alienations under the Tyrant Totilonus. But without any declaration, if a City be destroyed by a Tyrant, it is said by the Doctors of Law, to continue in being, by intendment of law, juris intell●ctu, & si restauretur, jura & privilegia quae durabant in habitu, ad actum ipso jure reducuntur: As a Captive taken in war, when he is redeemed and returned home, he shall be in the same estate and condition, as he was before his captivity; jure Postliminii in omnem cansam suam residet, & veniet, in qua futurus esset, si captus non fuisset. 
L. 6. F. de captivis.  A Tyrant and usurper doth preserve the rights of the just owners (as it is affirmed by the Lawyers, 
L. 12. F. quemad. servitutes.  by his being in possession and use of them) from the prescription of others; quia retinetur jus alterius per male fidei possessorem. 
* Bartolus & Decretal. de Prascript. c. 1. etc. 14. l. 16. Cod. de sac. Ec. cles. Novel. Valent. de trigint. ann. prescript. Nec Asris, nec Hispanis imputatur temtus quo Vandali cerum praedia possiderunt. Procop. de bello Vand. Cuiac. p●atis. de Prescript. 30. vel 40. annotum. Tempore hostilitatis non currit praescriptio. c. 10. Decretal. de Prescript Nec ubi Poganorum vel increduhrum furor in causa est: causa 16. quaest. 3. c. 13. & 14. Sie si Episcopus fuerit Haeretirus, non currit Ecclesiae prescriptie, quia tunc Ecclesia quasi 〈◊〉 unellignur. Glessa. ad Decretal cap. 1. De prascript.  A neighbour City cannot prelcribe against another City during the time it is held under captivity and Tyranny. In time of Tyranny in the Commonwealth, or of Schism in the Church prescription doth not run against any man: Tempore schismatis non currit praescriptio; tempus Tyrannidis est tempus schismatis, quia scindit communionem: Non currere praescriptionem quamdiu Ecclesia crat viduata, vel ubi praeerat Episcopus Donatista, vel quo tempore hosts its locis incubucrunt quibus Ecclesiae constitutae sunt; si non suerit his querum interest ●o tempore interrum pendae praescriptionis bona copia. And so in time of a great War and Invasion, or of a raging Pestilence, prejudice doth not accrue through lapse of time; during these times of God's wrath, non valenti agere non currit praescriptio: Neither in such times the omission of divers legal Solemnities and formalities, enjoined by positive Laws for performance of sundry acts, shall cause prejudice unto men: For all Laws as well as promises and obligations, have this exception either expressed or implied, de vi majori, sen de vi divina, cui resisti non potest: If this be the proper and immediate cause which did hinder the performance of the act or office, it is a just impediment, otherwise, impedimentum non excusat, nisi tale sit, 
Decis. Rot. Rom.  quod removeri minimè potuit, & quod causa fuit immediata, propter quam minimè praestitum fuerit, quod praestare debebat. Moreover, Cicero saith, that those laws and public acts of State which passed under the tyrannical proscriptions and cruel combustions raised by Sylla, as likewise those acts done after, when Julius Caesar usurped, were all void in law. Yet Quintilian saith, that Cicero was of opinion, that some acts and ordinances made by Sylla, aught to be observed, quia ita illis Legibus statum Reipublicae contineri, ut his dissolutis Respublica ipsa stare non potuit. For the endeavour to recover those goods which Sylla did confiscate, and were passed from man to man, made a disturbance of the peace of the Commonwealth: for such was the Course of the time, that those goods and lands thus taken by him, 
Probus de bello civili adversus Lepidum.  quamvis malè capta, jure tamen saith Florus; & eorum repetitionem non esse, licet malè capta, quia expedit Reipub. sedatae & compositae, ut vuluera rescindantur. Such were the Corruptions in that broken State by their seditions and Civil war, that what did pass for law, was not just: Fst justum aliqued legale, seu legitinum, quod non sit justum naturale, seureale: & licet nullum sit aequum, quod non sit bonum, benè tamen rep ritur benum utile, 
Faber adreg. jur. 90 〈◊〉 F de V sucapion  quod non sit aequum: Plura sunt in jure quae habentur bona, licet non aequa: aequitate derogatur propter publicam util●tatem, ob benum publici Status; quamquam aliqui dicum, om●e utile publico, idetiam sit aequum: sed propriè jus est ars boni & aequi, 
L 1. F. de lust. & jur Aquinas. Faber. ad reg. jur 90.  quia de justitiae fonte manavit, & justum est objectum justitiae: sed à ratione juris aequitatis benignitas distinguitur; jas ab aequitate, bonum & aequum à juris scripti ratione. As 〈◊〉 had amongst the Laws of Nations some that are not drawn from that which is properly equal and just, sed usu exigente & humanis necessitatibus, 
Institut. de Jusl. & jure.  jura quaedam agentibus constituta sunt. The like is to be said of some particular Laws made in all ages in divers countries' and States, which are not grounded upon that which is simply and properly just and equal, but rather contrary, and for that reason, usu exigente, & humanis necessitatibus.   

CHAP. XI. Against any power pretended to depose Princes; Of the Allegiance of the Subjects; Of the oath of the King; and of his Coronation: Of strangers joining in Arms with subjects in Rebellion against their Sovereign; Of oaths and engagements made to Tyrants and Usurpers.  
I Come now from their seditious practices, which I leave to their repentance, unto the relation of some of their pernicious Principles, which seem to be their Fundamentals. To relate all those they sometime do mention, if it were postible, yet were it to little purpose; Errors are prone to multiplication; one begetteth another. They affirm boldly that if a King perform not his duty, his Subjects may compel him to it; and that they are bound to obey him no longer, than he doth govern according to his Laws. That the People may depose him, from whom he hath his power; and such like.  
The People who are a Party must be the sole Judges, Witnesses and Accusers. And they would have it granted, that Kings hold their Crowns but conditionally, and generally from the election of the People. If these be not granted, their cause will fall to the ground, for they want proof to support it. The duty we own to our Sovereign, to our Parents, to our wives, and which the vassal oweth to his Lord, which is the weakest of these, are neither of them conditional, upon performance on their part. If this doctrine should be received, all the world would fall into consusion. Mutual and correlative duties ought not thus easily and perniciously to be dissolved. It is against Christian Doctrine to requite evil with evil; neither doth the Laws allow (as it doth in some cases) Retaliations, Compensations, or Relaxations of such nature. Cicero saith, there are duties to be performed toward some persons, from whom we have received injuries. This doctrine were as ill for the Subjects as for the Prince, if they break the bonds of their duty to him, and he thereupon should put them out of his protection, and show himself a wolf, and not a shepherd, and afford them neither protection, Justice, nor mercy, unto all which he is bound by his duty to God and his People. The Doctors of the Laws are much perplexed in debating these two Rules in Law, the one is, that in vain he requireth the performance of a promise or contract, to whom he refuseth the performance of that which he ought on his part to perform: the other is, that a man is not bound to perform his oath, if that be not performed to him, in consideration whereof he did swear: and unto these rules they astigne divers exceptions and limitations; one is, that regularly, 
L. incivile 12 Cod. de rei vind. l. nonidcirco F. De contrah. empt. Bartol. P. decastro, & alii.  ubi contractus est perfectus, & obligatio nascitur ultro citróque, non rescinditur propter inobedientiam alterius partis; & quoth in contraclibus innominatis non licet agere ad resolutionens contractus data contraventione unius partis, sed vel ad implementum contractus, vel ad interest: The not performance of one party, doth not make void the contract, but the Law giveth other remedies to the party damnifyed: for the Law doth not favour null. sications, and requireth in cases doubtful, such interpretation, as is rei gerendae aptior, ut actus de quo agitur valeat, potius quam pereat; Although in divers promises and transactions, and in leagues and truces (yet this of truces is much controverted) the breach of one party is holden to be a dilcharge of the other from the whole obligation, upon this reason, 
* Accursive Alexander, Alciat. & alii voa est juris et legum, frangt posse fidem ei qui fregerat prius sidem, qualemeunque fidem, nudam vel juratam. Cu●●ius add D●●etal. de jure jurand● cap. 3 etc. 9  quia siagula Capita conventionis insunt conventioni, per modum mutuae contemplationis, & correspectiuè positae sunt, we d●bet contractus claudicare ex una parte, ex uno latere: & sidem frangenti, sidem non esse servandam: quod dictum reserendum esse ad unam candemque conventionem, & add ed quae una cademque sponsione comprehensa sunt, & in promissionibus quarum altera alterius causa facta est, cum connexorum sit unum idemque judicium; sed secus est in diversis & separatis But notwithitanding all these distmctions and immations in contracts and obligations Civil, all agree that in those duties which are mutual by the Laws of God and nature, as between the Father and the Son, the Husband and the Wife, the Lord and his Vassal, the Prince and his Subjects, the breach of duty in the one, is no discharge unto the other. Those have little regard of the breach of Paternal, Filial, or Matrimonial duties, who regard not their duty to their Sovereign. A 'gainst the Father, against the Husband, against the Lord and against all others, the Laws provide remedies for injuries, 
Quintilian.  ne sui quisque doloris vindex sit, but the King is exempted from the coercive power of Laws, although he is obliged to do right unto all men. When the Israelites desired a King, 
1 Samuel 8.  God commanded Samuel to show unto them what hard and unjust pressures might fall unto them, from some of their Kings, lest peradventure in being not forewarned, they should murmur against God, who notwithstanding they were his selected people, yet he gave them no licence in any case to depose, chastise, or disobey evil Kings. For by the same decree of God, evil Kings are set over us, by which the authority of all Kings is established: Bonos Principes voto expectare, 
Calvin. Instit. Tacitus.  qualescunque tolerare, was the saying of a wise Heathen. Hereupon it is very aptly and wittily feigned, that when certain people desired of Apollo, 
Rignalio di Parnaso.  to be relolved whether it were lawful to kill a Prince a Tyrant, he with great indignation rejected their question, in respect the people were incomperent judges, and not capable to discern between a King and a Tyrant: and in respect of their ignorance, they always gave great advantage unto those who were ambitious, seditious, and lovers of novelties, or in desperate condition and estate, with their pencel or false pretences, and with colours of Hypocrisy, to paint Tyrants for lawful Princes, as well as Princes for Tyrants, whereby the world would be filled with bloodshed, and execrable confusions, and so Apollo sent them away with this admonition, bonos Principes voto expetere, qualescunque tolerare. David said, against thee, thee only have I sinned; not but that he sinned also against men: and no excuse, no prerogative, no acceptation of persons at God's Tribunal, although in the quality of a King, he was exempted from any Judgement-seat of men; for David being a King, saith Saint Ambrose, was therefore not under the coercive power of humane laws, quia Reges liberi sunt à vinculis delictorum; they are freed from the bonds of their offences, and are not called to punishments inflicted by Laws, saith he, quiatuti sunt Imperii potestate, they are safe by the power and virtue of Empire. The Interpreters of the Civil and Canon Laws, in explaining that in the Imperial Law, 
Inflitut. tit. qutb. modis Testam. l. 3. Ced. de Testam L. 4. Cod. de Legibus. Diflinctio. 21. c. 4. etc. 7. Decretal. de Electionib. cap. 20.  legibus soluti sumus, legibus tamen vivimus, do say, that Kings are freed from the coercive power of Laws, but not from the directive, quia nihil magis proprium Imperii, quàm legibus vivere: Et qui leges facit pari Majestate legibus obtemperare debet. Non posse quemquam qui minoris est authoritatis, eum qui majoris potestatis est judiciis suis addicere, aut propriis desinitionibus subjugare, quia prima sedes non judicabitur à quoquam nisi à Deo. Ne potest ipse hac in parte praejudicium ullum successoribus suis generare, pari potestate imo eâdem post cum functuris, cùm non habet par in parem imperium. The ten Tribes which fell from their King Rehoboam, and chose Jeroboam, we find were justly condemned for their Rebellion, because they perverted the order, and violated the power established by God in falling from the house of David. 
Hosea 11.  The Prophet showeth what they were, Ephraim compasseth me with lies, and the house of Israel with deceit, but JUDAH ruleth yet with God, and is faithful. In this Tribe of judah which remained, and kept the pure service of God, there remained also the lawful Government in the progeny of David; and all the other Tribes which revolted to jeroboam, and sorsook their lawful Sovereign for being overburdened with taxes, what got they by it? they lost their Religion (which we have seen in our time to go after the loss of allegiance) and enthralled themselves under far greater exactions, as most commonly it appeareth in a new usurped State, and they had their Rebellion rewarded with Tyranny, as there are many examples both Ancient and Modern.  
If men well consider they shall find, that to help what is amiss in Government, is not by resisting, or which is the worst of all, by removing the power or the Persons set over us by God's decree, and by dissolving the bond of Kings, 
Job 12.18.  which God only looseth, or by casting contempt upon their Persons, which draweth on the destruction of their authority. It was said by a wise man, vi regere patriam aut parents, 
Sallust.  quanquam & possis & delicta corrigas, tamen importunum est. For such men usurp Gods right, and murmur against his decree, and control his wisdom and justice, and give a check to his divine providence. Such men are pusilli animi, 
Seneca.  qui ita obluctantur, & de ordine mundi malè existimant, & emendare mallent Deos quam seipsos. They rather will control the supreme powers, and usurp the power to help themselves by evil means, then look whether they can find any fault in themselves. He who resisteth the powers, 
Rom. 13.  resisteth the ordinance of God, saith Saint Paul: Those who resist Government are presumptuous and self willed, saith Saint Peter; these filthy dreamers despise Government and speak evil of dignities, saith Saint Judas. All three Apostles teach us allegiance to our Sovereign, which inseparably is annexed to the love of our Country, both stand and fall together. He who is a Subject by birth as he is tied unto his allegiance by the divine, so is he by the Laws of Nature and Nations; 
L. 14. F. de condict. indebiti. l 2 & l. 8. F. de capit. minute. l. 95. S. 4. F. de solutionib. L 84. F. de regul Juris. L. 26. S. 12. F. de condict. ind●biti. l 12. Cod de in jus vocando. L. d Chanel. and Sir Fdw. Cke, Postnatis case. L. 8. F de Cap●● m●●utis. 〈◊〉 de jure na & gen. L 2 F de justu. & jure.  but our adversaries who are as presumptuous, selfwilled, and as great resisters of Government as ever were in any age, deny this stiffly, and affirm that no natural allegiance is due to our Sovereign, which is a vain dream; for there is a natural allegiance, as there is a natural obligation expressed in divers cases in Law: naturâ aquum; obligati naturaliter; obligationes quae naturalem praestationem habent: obligatio naturalis quod vincnlo aequitatis, vinculo juris naturalis sustinetur: is natura debet quod jure gentium dare oportet: & sic natura libertus obsequium patrono debet; cùm naturali obligatione, seu ratione honor bujusmodi personis deb●●tur. If the Laws have ordained so many distinct natural obligations and bonds between men, it were very hard that Princes should be excluded from having any natural obligation between them and their Subjects. But there is a natural and a local allegiance. Naturalia jura lex civilis corrumpere non potest: naturalia jura sunt immutabilia, nec jure gentium tolli possunt, nec Senatus authoritate commutari. The supreme Laws of nature are immutable, as Religio erga Deum; & ut Patriae & Parentibus parcamus: And herein is included our allegiance to our Soveratgne, as it is likewile in the sift Commandment of the Decalogue, by the judgement of all Divines. There are other Laws of nature of an inferior rank and degree, not so much concerning our natural duties, as our rights, profits and liberties due unto us by the Laws of nature originaily, which may be, and have been, by the Laws of nations, and by positive and Municipal Laws and cusiomes, 
L. 64. F de condict. indebitt. Grot. de jur. bell. l. 3. c. 4.  restramed and altered: libertas naturali jure continetur, & dominatio ex jure gentium imroducta est. Sicut jus gentium permittit multa, quae jure naturae sunt vetita; ita quaevam vetat, permissa jure naturae; And we ourselves may relinquish many rights and liberties, which we have by the Laws of nature and nations, but not our duties; neither may we wave those precepts of the Law of God and nature, 
Institut. de jushtiâ & jure. Cujac. & alii.  as honestè vivere, alterum non ladere, suum cuique tribuere. But in many things natural right and common equity, may by a greater equity be rescrained, Alia est aquitas simplex, alia aequitas summa; summa seu major aequitas est quae maximè spectat ad utilitatem publicam, & ad humanae societatis vinculum; sed tunc jus naturae & naturalis ratio non mutatur in se, sed causa subjectiva seu materialis mutatur, vel circumstantiae casus variantur; and then the positive Laws of several nations and customs do and may add and detract from the Laws of nature and nations. 
L 6 F de justit. & jure.  Jus civile neque in totum à jure naturali vel g mium recedit, neque per omnia ci servit: accidemia juris naturalis & divini, ut sunt circumstantiae personarum, temporum & locorum, mutabilia sunt, manente ut ac virtute istorum jurium immutabili, & he tunc producere pessunt necessariam dispensationem, limitationem, sen declarationem, dicunt Doctores. 
Covaruvias.  Declarari humana lege potest jus naturale, tolli non potest, limitart & declarari in multis potest, tam per interpretationem inter jus & aequitatem interpositam, 
Navari Manuele.  quam per justam dispensatienem, & per consuctudinem rationabilem: Papa non potest jus divinum tollere, potest ex causa illud moderari, ac limitare; nam quod in alio permmitti stculo, in alio vetari, nec justitia ergo varia & mutabilis, 
Augustinus C●●●o.  sed tempera non pariter cunt: & multa quae honesta videmur esse natura, temperibus sunt inhonesta.  
As a King cannot be discharged of his obligation to his People, so cannot they be loosed from their natural allegiance to their Sovereign: The faith between the Lord and his vassal is mutually obngatory, but much more stronger is the obligation between the Sovereign and his natural Subjects by birth: Dominus in his omnibus sideli suo vicem reddere debet. 
Lib. de fendis. tit. de ●●ma fideli●●us. Dictinct. 93 cap. esto subjectus. cause 22 quast. 5. c. 18. cum Glossa. Lucan. L. 4. C. de origine. l. 4. Cod de muntcip l. 1. S. 15. F. de ventre inspic. Cod. fit si Curi. lis. l. penult. Cod. de reseind. vend. Coke Postnati Case.  Eadem side tenetur Dominus subdito suo, sicut subditus Domino A man may change his habitation, but not renounce his country, or allegiance to his Sovereign, who is reputed the Father of his Country, and the Husband of the Commonwealth, Pater urbisque maritus. Domicilium commutari, & incolatui renunciari potest, origini non item: origine propria, neminem se eximere posse; quia patria nascimur: Impios se esse Patriam vitando demonstrant. The Oath of Allegiance to our Sovereign, or of sidelity to our Lord, maketh not the Subject or vassal, but it tieth him more straightly. An Oath is not always of the essence of the thing whereunto it is applied, for Allegiance doth not begin by the oath taken at the Court-leet. The very oath of Allegiance, worketh not the bond in Law: Between the Lord and the Vassal, Juramentum non est de substantia feudi: Feudatarius est obnoxius praestando juramento sidelitatis, quod licet remittitur, non tamen remittitur fides & hominium; sed onus subeundi juramenti, 
Baldus and Iserna Cujac. ad decretal. Duarenus & alii. Operae officiales, non cuiquam alii deberi possunt quam Patrono, cum proprietas. esrum, & in liberti edentis persons, & in Patroni persona cui edantur, conslitit. l. 9 F. De operib. libertorum, libertus natura operas Patrono debet: Patronus operas officiales alii delegare non potest, sed sabriles, seu artis●●ales potest delegare, quia ha operae persone Patroni non cobaerent. l. 26. S. 12. F. de condict. Jud. 6. Sic propriè & categoricè loquendo Patronus non potest clientem delegare, vel alii cedere personam vel officium clientela quamvis possit alii cedere jura pecuniaria à cliente debita: nec Rex Francia transfer potest in alium jus hoc quod habet in vassallum, sive vassallagium, vasallo invito. Carolus Molinaeus ad consuetudines Partsienses, cum alus. Dux Britan●ia noluit pro Rege Gallia Regem Angliae quasi Dominum agnoscere, quamvis à Rege Galliae deleg●retur Car. Molincus. & Cujac. ad lib. 1. tit 22. De feudis. Julius Clarus de Feudis. quest. 28 The Duchy of Aquitaine refused to accept John of Gant for their Sovereign, and said they were of the right, and of the Dominion of the Crown of England, and by the Coronation oath not to be alienated. Frosarde History.  quia fides est de substantia non juramentum: hoc juramentum non est obligationis introductorium, sed confirmatorium, & obligationis efficacioris gratia: in plus non obligatur, sed efficacius & majori vinculo. So the Solemnities of the Coronation, and the Oath there taken and given reciprocally, do not confer and add more allegiance unto the Subjects, or right unto hereditary Princes, than they had by their birthright: for the right of Succession was sectled before, and ingraffed in the lineage and family, according to priority, and proximity of blood, by the Laws of the Country and of Nations. This Oath Kings ought religiously to observe, because the administration of Justice, the preservation of Religion, and the welfare of the People, are the principal parts of this Oath, and of his duty; not that his estate is hereby made or intended to be but conditional: his person is tied in conscience and in honour, the Authority ceaseth not, if he fail in performance. The Oath and the Solemniqes of Coronation maketh not the Prince, nor the neglect thereof doth not any way impeach his right: They do declare the Prince, and do admonish both him and his people of their respective duties, and do conduce to the perfecting of the pledges and stipulation of each others faith: 
Du Tillet.  Couronnement & Sacre des Roys doivent prins, & intendus pur declaration, on acceptation & submissionau Roy designè de Dieu, qui la conseruè & fait le plus proche de la Couronne, non pour aucun droit qux subjects de doner la Royaume hereditary per leurs voix ou Election; 
Gloss. ad decretal. tit. qui filii ●●t legit. c. 7. Rex Rom. nondum coronatus, post electionem concerdem ha betemaem potestatem; unctio nibil addit. Glossa ad tit. de jureiurando. in Clementin. Glossa in in extravag. de Majoritate. 1 Sam. 10. 1 Kings 39 Seiden of Nobility.  But when the Prince is by Election; Electio facit Imperatorem, sed prius suit Imperator, quàm coronam accipicbat à Papâ, & gladium ab Altari. Inaugurantur Reges in Ecclesia, ubi preces pro iis fiant; potestatem iis à solo Deo tradi, & idcirco Coronam eos accipere ab Episcopo, gladium ab Altari. Samuel anointed Saul with oil, and said, it is because the Lord hath anointed thee to be Captain over his inheritance. Zadok the priest anointed Solomon, and they blew the Trumpet, and the People said, God save the King; Anointing at the Inauguration drew with it a most reverend regard of the Prince. The name of the Lords Anointed in the Scripture and elsewhere, doth often occur: They interpret that of Daniel, the Anointed shall be taken away of Hircanus, from whom the Kingdom of the Jews was transferred, and unto whom the original of Anointing is referred.  
The Cities in France which would not acknowledge Henry the fourth for their King, who succeeded rightly according to the Laws of that Kingdom, but continued in the former rebellion raised against his Predecessor, they could not help themselves by saying that Henry the fourth was not Crowned, and that they never acknowledged him for their King, and therefore they were not to be reputed Rebels: but they were answered by learned men, that they being Subjects by their birth, and continuing in their original sin, they added actual: Neither did Bodins distinction help his Countrymen, 
Bodin. de Repub.  so much as it disgraced him; in saying, there was a difference between a universal defection and falling away of the People, and a Rebellion; a distinction without a difference, but upon better consideration, he said, neminem patriam repudiare posse, 
De Repub. lib.  nec subditus potest imperio sui Principis seipsum eximere: Neither can they raise an excuse for rebellion in a Monarchy out of that in the Roman Law, that in a Civil war they who engage on either side, are not in the condition of foreign enemies; 
L. 21. F. de Caytivis.  Cum cives inter se contendunt, scissà in duas partes Republicà, Aristocraticâ vel Populari, captos hinc inde non fieri servos, quia non contra Imperii majestatem machinantur, nec in exitium Reipub. contenditur; ubi non sit tale bellum, quod Antonius gerebat, quod Casar vocabat non partium certamen aqualis juris, 
Ayala dejure belli lib. 1. c. 2  sed defectionem à populo Romano. Thus when the title to the Crown is in controversy, it may seem hard to punish those, who upon no improbable opinion, 
Cicero. L. 9 Cod. de leg. l. 12. Cod. de diver. reg. jur. Decis. Rotae Rom. L. 106. F. de Regul. jur. L. 1. F. Quar. rer. ectie l. 6. Cod. deliber. causa. L. 13. F. ad leg. Aquil. L. 1. S. 2. F. decondition. & daemon. L. 13. F. de Policitat. l. 2. S. 44. ed SG. Tirtil. L 13 F. de interdict.  nor inclination to rebellion, join with one side; and believe they are not rightly Subjects to him, against whom they bear arms; as it happened in the war between the houses of York and Lancaster, and in that war between Caesar and Pompey, multi dubitabant quid optimum esset, multi quid expediret, multi quid deceret, nonnulli quid liceret. For although the Law saith, leges quae constringunt hominum vitas, intelligi ab omnibus debent, nec eas ignorare quemquam, nec dissimulare permittimus, tamen aliter est ubi jus dubium & intricatum est. The Canonists say that when a divine Law, is not clear and certain, but hath divers interpretations, & cujus varii sunt intellectus, the Pope may dispense with it as he seethe cause. But men have no more power to renounce their allegiance then their liberty and freedom, which is inestimable, or to bind themselves to a corporal punishment, or from marriage: Quae onerandae libertatis causâ facta sunt, non valent: Nemo dominus est membrorum suorum. We cannot be bound by any covenants and conditions, by which jus libertatis nostrae, aut jus patriae nostrae laditur: qui sui juris sit, tamen sui ipsius Dominus non sit: conditiones adjectae utilitati publicae adversae, remirtendae sunt: quae non à Patre, sed à genere, à rerum natura, à civitare tribunmur, ca manere incolumia: and many others the like in the Law. There is that which we cannot put from us, as there is that which none can take from us. Our allegiance is individual and perpetual. 
L. 9 F. de obsequiis. L 5 Cod. de obsequiis. L 4. F. de jure Palron.  We may allow no less to the Parent of our Country, than the ●omans did to the Patrons of them who were manumissed and made free; liberto semper sancta persona Patroni videri debet: and although the Patron were a person condemned by the Law, tamen salva sunt jura liberis Patroni & consuctum obsequium iis semper praestandum esse à libertis. 
* Qui decreto publico deditus sit hostibus, ut suit causa Mancini, si hostis non recepisset, an civis Romanus manebat; magna Quaestio erat L. ult. F. de legationib. licet dicitur quod civit esse desinit, quem civitas repudiavit; aliud est in subdito originali, maturali licet deditus sit à sua Patria, & Principe: manet tamen sua Allegeancia, quae ubique locorum subditos ●ales tenet, quia naturalis ratio authoritate Senatus commutari non potest. l. 2. F. De usufructu. ear. ter.  Our allegiance as it is not so weak, so it is not so narrow, but it is of larger extent, than these men would have it to be: for there is a local Allegiance in respect of habitation and residence in another Country, due from Aliens and strangers unto the Prince of the Country, wherein they reside, and have protection, and enjoy the freedom of commerce, although they be not there naturalised, and made Denizens.  
And here we may take an occasion to admonish all Strangers, Subjects to any Prince or State in league with our King, who assist and associate themselves with our King's subjects in actual rebellion, for such may and aught to be punished as Rebels by either Prince, if they have no warrant for it from their own Sovereign: quia hi ladunt Majestatem sui Principis in laedendo Confaederatumejus, 
Alb. Gentilis disput. ad julMajestatis. Gentil. Hispaenicae advocationit, & ad Jus belli.  nam confoederatio sit tantae potentiae ut de duobus unum faciat. Satis est ad Peregrinum obligandum, quod dederit se socium, aut Capitancum subditis Regis nostri, à quo puniri potest ut reus criminis laesae Majestatis; nam talis peregrinus obstringitur ferè ut subditi, & propter hos socios suostembitur Majestatis etiam ipse peregrinus. Qui seàant in corpus aliquod, isti volunt teneri cum corpore, ergo & pati debent. 
Ayala de jur. bell.  Christiani non siunt scrvi nisi militent, aut auxilium praebeant Turcis contra Christianos, tunc non Christianorum, sed insideltum quibus se adjunxerunt numero habendi sunt. Such cannot fall into the rank of just enemies, who assist any rebels, and come in at least as accessories, without a solemn denunciation of war or a just cause: Those are properly enemies, 
L. 24. F. de Captivis.  qui nobis, aut quibus nos publicè bellum decernimus, caeteri latrones aut praedones sunt. These strangers thus offending can claim no privilege, or benefit, by any league or Laws, but may justly be punished where they did offend, for by a universal Law ratione domicilii vel delicti quis efficitur de foro alterius principis. Habet Imperium Praeses Provinciae adversus extraneos hemines, 
L. 3. F. de ossic. Praesu. L. ult. F. de accus.  si quid manu commiscrint. Alterius Provinciae rens apud eos accusatur & damnatur, apud quos crimen contractum ostenditur, quod etiam in militibus est observandum. The Laws of every Country give protection, and some privileges to strangers: Protection draweth Subjection, and Subjection Protection, but in vain he calleth for the benefit of the Law, who offendeth against the Law: guilt abolisheth all honour and privilege. If a privileged person, according to the common saying, cannot use his privilege against one equally privileged, how much less against the Prince, the giver of privileges, & omnis dignitatis author & culmen? In reos damnatos ex civitatibus nobis confaederatis animadvertimus: 
L. 7. F. de Captiv.  Forum sortiuntur foederati in Civitate foederatâ; and with this agreeth the Laws of nations, and the Law of England, for if an alien living in England, who is under the Protection of the King and the Law, 
Coke Postnati case. Deut. 10. Levit. 20.  commit treason, his indictment shall be contra ligiantiae suae debitum. The Divine Law so favourable to strangers, giveth us warrant to punish strangers, if they offend, as well as others. And therefore those who call themselves Soldiers of fortune, and think they may come into any country where there is combustion, and fall into any side, like birds of prey, without either warrant from their Prince, or consideration of the justness of the cause, find themselves often deceived and neglected by that party which they did assist, and little pitied whatsoever happeneth unto them, whether they are slain, or condemned to die, either by the power or the right of the other party. There are lately risen up certain Politicians, not so violent, and in show, not so malignant as others, who affirm either to flatter themselves, or to deceive others, or to put a scorn upon sacred allegiance, and to give it cunningly a foil, that when a stronger, although a usurped power, doth hold men under a yoke, they ought quietly to submit; and that all allegiance and former oaths taken for that purpose, are at least suspended, if not abolished; as if they were to take for a rule always the example of Issachar, 
Genes. 49.15.  a strong Ass couching down between two burdens, who did see that rest was good, and that the Land was pleasant, and bowed his shoulders to bear, and became a servant unto Tribute. 
Jerem. c. 27. etc. 29.  Or the extraordinary example of the Israelites submission under the yoke and captivity of the Chaldeans, by the special and express decree of God, and under his commination, that what nation or kingdom would not serve the King of Babel, he would visit that nation with the sword, with the famine and with pestilence. But we cannot here ground an argument for justifying obedience unto all Tyrants and invaders of our Country: omnes enim omnium charitates, una Patria complexa & supergressa est: 
Vigil.   
— Paterque natos nova bella moventes  
Ad penam pulchra prolibertate vocabat: Filius sine seelere proditorem Patriae, 
L. 35. F. de Religtos. Ctusa 23. quast. 8 c. 15.  licet Pater suus sit, occidit: In omni tempore bellum gerendum sit pro defensione sua, & Patriae & legum Patriae, ne videatur homo deum temare. Some learned men affirm; Tyrannum qui per vim dominatur, nullum habens jus ad illius Reipub. regimen, posse à privato occidt, 
Cavaruvies. Cajetan. & alii. Soto de Just. & jur.  ubi nullum aliud est remedium ad Tyrannidem illam tollendam, etiam veneno & proditoriè. Others say, quod qui sit invasor Regis vel Reipublicae justè intersicitur, nam vim vi repellere licet; & quamdin talis Rempublicam sic obtinet, perpetuam gern in Rempub. vim & bellum: others affirm, quòd quando nobis non patet legitima & possibilis via liberandi nos à Tyrannide, seramus ut possumus, & Deo negotium quod omninò ejus est, 
P. Martyabe. C m & Calvin. Institut.  permittamus. Vidimus quanta obedientia dominus tetrum & serocem illum tyrannum Nebuchadnezzar coli voluerit, non alia ratione, nisi quia regnum obtinebat: id autem ipsum erat coelesti decreto, in solium regni impositum esse, ac in regiam majestatem assumptum. 
Calvin. Instit. lib. 4. c. 20. p. 27.  Hoc nobis si assiduè ob oculos obversetur, codem decreto constitui etiam nequissimos Reges, quo Regum authoritas statuitur; nunquam in animo; seditiosae cogitationes venient etc. I shall leave this diversity of opinions in this point to the Judgement and discussion of others: I do not require that men should strive against God and nature, and with unseasonable and unadvised obstinacy provoke the wrath of the Conqueror: for as soldiers are excusable when they have done the utmost that wit and power can perform, and duty can exact, in defence of a City; so are Subjects, if through apparent danger of death and devastation, they render themselves, and obey the enemy upon the best conditions that can be gotten; 
Augustinus.  Vox est quodammodo naturae in omnibus ferè gentibus, ut subjugari mallent hostibus victoribus, quam bellie â omnifaria vastatione deleri. Those thus compelled to take new oaths, some Doctors hold them not guilty of rebellion, or perjury, and repute those latter oaths contrary to their former, being injustly exacted, to be void, and at the most, to be but a passive, rather than an active rebellion. But this cannot excuse men when they are tyrannically, by the usurpation of any fellow Subject of theirs oppressed, if they submit unto that yoke, and swear whatsoever is required of them, and do not use all means possible to recover their liberty, and the rights of their Country. 
L. 19 Cod. de Postlim. l. 20. F. de Captivis.  Qui hostilis irruptionis necessitate transductus est, ad proprias terras festinare se debere, cum hoc solùm requirendum est, utrum cum hostibus voluntate fuerit, an coactus; si sua voluntate apud hostes mansit, non est ei jus postliminii. By this doctrine that Subjects under the yoke of any Tyrant and Usurper, as well as of a foreign just enemy, ought quietly to submit, and take new oaths contrary to their allegiance; our allegiance is a thing left at large, and made ambulatory, rebellion is cherished, usurpers encouraged, and men quieted from seeking which way soever the wheel turneth, to shake of any usurped and tyrannical power, by any means lawful or probable. But those Lawyers are the greater deceivers, who affirm that all the Laws and Statutes, which do mention the King, and are made for his benefit, and for the security of him and his Subjects, as that Statute also made by Henry the seventh for the security of Subjects, when two are in competition for the Crown, aught to be interpreted for him, whosoever hath gotten the supreme power, and that by his assuming the name of King, which some of them absurdly held necessary, men ought to submit, although he had no more title than Jobn of Leiden: And thus may one usurper, if he can, drive out another, find the Laws as beneficial for him as his sword, and make them serve for any usurper of a Crown, as well as for any Competitor for a Crown, how good soever his title be. These pernicious Law-sophisters that excellent rule in Law doth control, Nulla juris ratio aut aequitatis benignitas patitur, 
L. 25. F. de Legibus L. 6. Cod. de. legib. l. leg●ta inutilia, F. de adimendis legatis. Reg. jur. Canonici.  ut quae salubritèr proutilitate hominum introducuntur, ea nos duriori interpretatione contra ipsorum commodum producamus ad severitatem: nec inducta ad unum effectum debent contrariaoperari: quod ob gratiam alicujus conceditur, non est in ejus dispendium retorquendum; nec jura singularia producenda sunt ad similia, aut ad consequentiam, licet jus common trahitur ad consequentiam ex majoritate, aut paritate rationis, ut dicunt Interpretes juris. These cannot blame Machiavil for saying, that Princes may break their faith, to preserve themselves from danger or damage, seeing they teach Subjects to wave their allegiance, and break their oaths for prosit and quietness: Neither can they condemn those Jesuits, for saying the Pope can absolve Subjects from their oath of allegiance, if Subjects can find cause and means to absolve themselves from that their duty & oaths, or when they take new oaths and engagements, help themselves by equivocation and mental reservation. Such new oaths and engagements do avail nothing, unless it be to procure perjury, and the more hatred on those who procured them to violate their conscience: With whatsoever cautel or mental reservation, we swear, protest or engage, yet God taketh it, as he which giveth the oath doth understand it: and if he who sweareth, meaneth deceitfully, the interpretation cannot be made according to his fraudulent intention, but according to his meaning who required it, or else according to the proper and common acceptation and sense of the words, especially being given by a Judge or Magistrate: fallit jurantem juratio facta per artem, a cautelous oath deceiveth none so much as he that taketh it deceitfully; But when the words are ambiguous, and may receive different significations, as he may worthily be blamed for taking such oaths, so he that doth tender it willingly, ought not to receive any benefit thereby; nomini dolus suus lucrosus sit, aut esse debeat, 
Paulus Juris-Consulius.  nec dolus suus cuiquam per occasionem juris prosit: Pactionem obscuram & ambiguam iis nocere in quorum potestate ●uit legem apertiùs conscribere, 
L. 39 F. de Pac●is Cujac. & alit ad dict. l. 39 Baldus.  & interpretationem contra eum potius faciendam esse. Omnis oratio obscura & ambigua tendicula est, quae ei qui tetendit potius fraudi esse debeat: sed interrogationi obscurae vel ambigua, quis respondere non tenetur, nisi declaretur. Juramentum tunc intelligendum est secundum communem significationem verborum, si utrique sint in dolo; si à neutro intervenit dolus, tunc interpretandum est secundum intellectum utriusque, si verba possunt utrique intellectui adaptari: si ab altero tantum sit dolus, tunc intelligendum est secundum eum qui rectè intelligit: In contractibus & stipulationibus contra venditorem & stipulantem interpretandum est. 
* They who make an Oath, Engagement, or a Law obscure or ambiguous, and not clear and perspicuous (which are essential properties of an Oath or Law) it is presumed, quòd sub involucro verborum, & per occasionem obscuritatis, tendunt laqueos deceptionis.  But in two contrary or incompatible Oaths taken by one man, if the former were not unlawful, but of things indifferent in themselves, neither good nor evil, the second Oath contrary to the former is invalid, and can hardly escape the taint of perjury; but if the first Oath was for the performance of a necessary and Moral duty, required by Divine and Humane laws, the second Oath being contrary to the former, although extorted by fear, is clearly void, and most commonly impious. When we are obliged to the performance of a duty or act, we as much as in us lieth are obliged to withstand and remove all impediments, which may probably hinder us in the performance thereof: for in a stipulation or promise, not to hinder an act, is regularly employed an endeavour to have it performed; In illa stipulatione, 
L. 50. F. de verb. ob.  per te non fieri, non hec significatur, nihil te facturum, quo minus facere possis, sed curaturum ut facere possis: & qui spondet dolum malum abesse, abfuturúmve esse, non simplex abnutivum spondet, 
L. 83. De verb. oblige. L. 21. F. deregul. Jur. L. 4. F. Quae in fraud.  sed curaturum se ut dolus malus absit: Qui non facit quod facere debet, videtur facere adversus ad quod tenetur, quia non facit. In a promise and contract, the nature and quality thereof, & quid actum erat inter parts, & quid necessariò subintelligitur, although express words are wanting, must chief be taken into consideration. The Divines say, that in the sixth Commandment, Thou shalt not kill, is contained our duty, in preserving the life of our neighbour, as far as our wit and power extendeth; quia imperantur contraria officia, dum mala fieri vetantur. Therefore where we are restrained by our Oath of Allegiance, either from the hindrance of any good to our Sovereign, or from doing any act, or conniving at any man's act to the prejudice of his Person, Crown and dignity, it is necessarily employed, that we are thereby enjoined to use our utmost endeavour for the preservation and advancement, of both his Person and Dignity. In the Vassals Oath of sidelity to his Lord, amongst other, these words are, non sufficit abstinere à malo, 
L. 2. tit. 6, 7. de Feudis.  nisi fiat quod bonum est, ne aliter censeatur perfidus & perjurus.   

CHAP. XII. Of those who only accept of Offices and Employments under Tyrants and usurpers.  
THere is another sort of these men with whom we encounter, and we may join them to the former, although they are not so subtle, yet do they help to support the cause either wilfully, or through indiscretion, or want of courage or conscience, men not passive, but of actual compliance; accessaries they are, although searce guilty of their greater impieties, nor of the beginning of the Rebellion; yet they being instruments in several services and employments, serve for the strengthening of the arm of the wicked, and so do they communicate in the iniquity, & have fellowship in their works of darkness: These are they who accept of Offices and places ministerial, and of Judicature and of Magistracy, under the masters of the mischief, and do act by and under their authority: These under the pretence of doing good to the People, in their several callings and offices, join in deluding the People, under a show or shadow of Justice and liberty: libertatem quùm restitui videretur interceptam esse: 
Livius. Tecitus. L. 28. God. ad leg. Jul de adul. Augustin.  simulachra libertatis, seu vestigia morientis libertatis, vel praestigiae versuti juris; non vera jnstitia, & viva moribus, sed picta coloribus. By these means they endeavour to effect the settlement and continuation of the iniquity and Tyranny, in seeking to content the People with specious representations and fictions of Justice, and equity like that which thiefs are constrained to use among themselves for preservation of their society; and this is to work in the People an affection or quiet submission, to the usurped Government, and to draw away their affections and cogitations from their Lawful Sovereign, unto the upholding of that Government, built upon such soundation, that under it, Peace neither from God nor man can ever be expected; neither the admittance of men into any places of trust or honour, who are true lovers of the rights and liberties of their Country, or eminent for virtue or magnanimity. 
Sallust.  Boni quam mali suspectiores, semperqu● talibus hominibus aliena virtus formidolosa est. Those men who are employed under such Government, find nothing but confusion, they being made instruments only to delude the People, 
Tacitus.  quia nimo unquam Imperium slagitio quaesitum, bonis artibus exercuit. Both the Masters and the Ministers walk on in darkness, 
Psalm. 82.  for all the foundations of the earth are out of course. If the foundations (Religion and Justice) be destroyed, what can the righteous do? 
Psalm. 11. Paterculus.  How can that State ever subsist, ubi Justitia, aequi●as, industria redditae non sint? ubi vis legibus, judiciis gravitas, magistratibus authoritas, senatui Majestas restitutae non sint? And although they often pretend reformation in matters of Religion and justice, and make some attempts, it is but ad faciendum populum: and although they have really such intention of reformation, yet God having raised such men, as a scourge of his vengeance upon a Nation, it is not to be expected, that he will employ or blefs them in such good works, at leastwise until these men repent, and his wrath be taken away. These men who are thus assisting, 
Plutarch. in Cato.  may consider of the counsel that Cato gave to his son, not to deal in public affairs when Caesar had usurped, in respect that upright dealing, the corruptions of the time, and in the State would not endure it, and in time-pleasing, he could not be an honest man. Of these men complying and assisting, the Emperor saith in his law, 
Novel. Leonis 70.  nisi istorum manus in subsidium praestò fuissent, certè nonita promptè slagitium perpetrassent, qui majorem operam rei perpetrandae adhibuerunt. These men are not unlike those who afford aid and receptacle unto thiefs, 
L. 1. F. the recap●at. L. 50. l. 54 F. de Furtis.  qui in pari causa habendi sunt, for they are as useful and necessary, as receivers and concealers: Qui opem fert, qui ministerium at que adjutorium praebet, si sciens accommodaverit, furti tenetur, licet nullum ejus consilium principaliter ad furtum faciendum intervenerit. Non sunt à culpâ liberi nec à poena debent esse immunes, qui licet fuerunt illius machinationis ignari, tamen iis quos sicarios esse sciebant, in sarcinis custodiendis ministerium praebuerunt. 
* Decretal. de homicidiis c. 6. Crimen non dissimile est, rapere, & ei qui rapuit raptam remservare. l. 9 Cod. de vi publica: Sinum praebere furenti, perinde habetur atque si manisesti fur●i condemnatus esset. l. Sacrilegiis & ult. F. de Peculat. crim.  S. Paul did acknowledge his consent to the death of S. Stephen, by his standing by and keeping the raiment of those who murdered that blessed Martyr. Moreover some of those who were guilty of the beginning of the rebellion, are not guilty of so much evil, as some who come since in as accessaries after the fact, who now do that which the first men did abhor; and those also, who only act in the offices of trust, and deal not in the State affairs, cannot escape the falling within the compass of abetting, upholding, and continuing the rebellion, by administering Justice, and helping those to the benefit of the Laws, who continue wilful in their rebellion, and therefore aught to have protection and benefit from no Law, as enemies to their King and Country: Frustra implorat Ecclesiae aut Legis auxilium qui committit in Legem vel Ecclesiam. Cicero said of Cethegus and Lentulus, 
Livius lib. 3.  Legem Semproniam quae de Civibus Romanis constituta est, ad eos qui essent Reipub. hosts non pertinere. The Roman Senate when the people of Rome were quietly fallen under the Tyranny of the Decemviri, and rested so with contentment, the Senate rather desired an addition of more injuries, then to ease them of any burdens, that so having in detestation their present thraldom into which their own error had led them, they might fall to a longing desire of the former Government under Consuls, and wish the old world were come again.   

CHAP. XIII. Of the inseparable conjunction and relation between the King and his Subjects, which cannot be dissolved by any law or custom; That Kings cannot alienate their Kingdoms, nor Subjects renounce their allegiance, nor bar the next successor of the Crown.  
Such is the inseparable relation between the King and his Subjects, that as they cannot renounce or withdraw their allegiance from their Sovereign, 
Bodin.  Principis aeterna autoritas in subditos; so cannot Kings alienate their Kingdoms or any part thereof: although they are not restrained by positive Laws, yet are they by a universal Law, not made, but risen up in the foundation of all Kingdoms, as the Lawyers say, 
Baldus, Jason. Casan. Cat. glor. mundi & alii.  generali omnium Regnorum lege, cum ipsis regnis nata, & quasi jure Gentium: Lex fundamentalis, immutabilis, cum ipsâ rerum naturâ unà viget, consenescit & interiit. Rex qui in sua Coronatione juravit jura Regni sui & honorem Coronae illibata servare; postea nihil agere censetur, si quae jura bonáve Regni sui alienaret, 
Decretal de jurejurando c. 33. & Cujac. ad dic. cap. 33.  etiamsi jusjurandum interposuerit de nunquam revocanda alienatione; liberum tamen ei esse quandoque revocare; praevalere prius juramentum quod fuit legitimum posteriori quod illegitimum est. The relation between a King and Subjects maketh a union and reciprocation so strong, that there can be no admittance of a separation. Correlatum cuilibet relato respondet; uno posito ponitur alterum: in correlativis idem judicium, and what is disposed in one, is so in the other, when there is the same reason for either: And so cannot a King and Parliament and all the Powers in earth bar the lawful Successor from the rights of Sovereignty, the individual and sacred rights of the Crown; 
Constagio del union. di Portugal & Thuan. hist.  neither bind, nor limit the succession. Henry the Cardinal, afterwards King of Portugal, having no issue, and seeing divers in competition for the Crown, granted a Commission to some of his own Subjects to determine the right of Succession after his death, and unto some others he gave another Commission, to govern the Kingdom after his death, until the right of the succession was determined. Both these Commissions with the opinions of his own Lawyers for their justification, were soon after his death overruled by the sword, and were also held void by Law, because he sought to raise a body in his Kingdom without a head, and would praire successorem suum, and reign after his death; 
Lib. 6. F. de jurisdict. L. 13. F. de jurisdict.  for by his death his jurisdiction and authority was determined, and his Commissions void: Potestas delegata morte delegantis finitur: No Magistrates can give Commissions for acting any thing after their death, neither upon a day which falleth after they are out of their authority, whereupon it is declared, quòd qualibet dispositio censetur facta, eo tempore in quod confertur, 
Baldus & alii & decis. Rotae Rom. 240. & 193. Tom. 3. Farinacii.  nee valet quae in id tempus procedit, quo res non erat amplius disponentis; quia paria sunt, aliquid fieri tempore inhabili & prohibito, vel tempore habili & concesso, & conferri in tempore inhabili & prohibito. The Commission for determining the Succession, made the Portugals who were parties Judges, for they were of the material part, concerning which the controversy was: and whatsoever they determined was void; 
Lult. F de Jurisdict. l. ult. Cod. si d non competenti Judict.  non paretur jus dicenti, si supra suam jurisdictionem jus dicere velit, & nemo plus juris ad alium transferre potest, quam ipse habet. The King's Commissions and Mandates, as also all Offices, unless it be those which by law are excepted, are void by his death, especially those which are granted in vim justitiae administrandae: Mandatum Principis, in vim justitiae datum, 
Decis. rot● Romanae. Cassaneus ad consuetud. Burgund. & alii Decretal. de rescriptis c. 5. C.S. Tamen. si cuiquam.  morte Principis expirat, secus, si in vim gratiae. Sed gratia data ad beneplacitum concedentis, per ejus obitum, per quem ipsius beneplacitum omnino extingnitur, eo ipso expirat. And if he cannot bind himself, than not his Successors, nisi in casibus à jure & consuetudine permissis, & sunt de consuetudine Principatus, & de natura officii Regii, as the Lawyers say. By this we raise a doubt, concerning the validity of many matrimonial contracts made by Princes, whereby they endeavour to bind or alter the succession of the Crown, which is not ruled by those laws which are for private men's descent and inheritance. Whether use and common practice may justify these contracts of Princes I will not dispute. 
Gail. observat. lib. 2. Pro bono pacis inter Principes componenda vel tuendae tolerari matrimonium, quod aliàs erat illicitum. Cujac. Comment. ad Decretal. tit. de Desponsatione Impuberum. cap. 2. unde versus, Pax ut servetur, moderamen Juris habetur. cap. 2.  Pacta & Statuta de mutua successione in casu deficientium liberorum masculorum inter Principes, Comites, Barones Imperii in usu esse frequenti, & consuetudine hominum memoriam excedente confirmata valere. We find not the like Laws or customs in other kingdoms, except the Law Salic in France; for the common opinion is, that Statuta, excludentia faeminas ex haeredationibus odiosa sunt: Pactum in dotali instrumento, ut filia contenta sit dote, & nullum ad Paterna bona regressum haberet, 
L. 3. G. de Collationib.  juris autoritate impr●batur. Et pactum de non succedendo jure civili improbatur. Si Pater instrumento dotali comprehendit, filiam ita dotem accepisse, ne quid aliud ex haereditate Patris speraret; eam scripturam jus successionis non mutasse constitit; privatorum enim cautionem legum autoritate non censcri; leges non mutare. 
Lult. F. de suit & legit. haered.  By these contracts Princes please themselves for a time, out of a desire to advance some designs, and afterwards repentance and dissensions do often follow. Unto this may we add, those accords and transactions between Princes, for exchange and alienation of some part of their dominions, which come by descent from their Ancestors.  
These alienations have commonly the like success as the former; yet are they much to be favoured, when they pass between Princes upon equal terms, and are for the procuring of peace and ending of controversies, the consent of the Subjects on both parts concurring: nam Dominus sine voluntate vasalli feudum alienare non potest; sic Princeps subditos suos alienare non potest, quia non tantum praedia sua & domini jus, 
L. 2. tit. 34. de Feud.  sed sic ingenui homines alienantur, quorum commercium nullum est; sed propriè tamen non Populus alienatur, sed jus perpetuum eos regendi; non hominum liberorum fit alienatio, 
Guide Pap. deciss. Grot. de jur. belli lib. 1. c. 3.  sed jus quod in homines competit transcribitur. The Provinces and Cities of France declared unto their King John Prisoner in England to Edward the third, as did likewise those of Gasconie when they were to be turned over to the allegiance of John of Gaunt, 
French Invent. Paul Aemilius. Baldus & Chopin. de dominio.  that without their free consent being freemen born, and not slaves, they could not be made Subjects to another Prince. And thus when Francis the first was pressed to the surrender of certain territories, 
Bodin.  according to the agreement between him and the Emperor Charles the fift, the Court of Parliament of Paris did declare, as before, that the King could not do it; Regium summumque apud Gallos dominatum, Regia jura, minui, dividique, non licere, non posse. Rex Johannis Angliae, aut alius Rex, alienatione regnorum suorum, vel servitute imposita, non possunt jus posterorum laedere, nee subditos suos ad alterius Principis obsequium reducere. Quae natura sua dominio nostro exempta sunt, 
Institut. de inutil. stipulat. & 2.  in obligationem deduci non possunt.  
By this that hath been said, and by that which followeth, it will appear how absurdly some men of more learning join with our adversaries, in affirming that the People have an original right in them to reform, limit and remove their King; and that although the Regal power be settled in the Stock & Family, yet so as the stock and lineage itself is only chosen, and not all and every branch To prove this wild Chimaera, some of their Champions, the better to make way for deposing of princes, bring divers selected places of scripture, joining unto them strange and false inserences and interpretations, with as feeble arguments deduced; rather to prove themselves seeds-men of sedition, then sincere Patrons for the People's liberty. They regard not their often being learnedly confuted, but still they will go on with arguments drawn à facto ad jus, à dicto secundum quid ad dictum simpliciter, raising general conclusions, drawn from some singular and extraordinary examples, not warrantable for our imitation, although serving excellently for our instruction. It was never found in any Author, nor heard of till of late, that any People did choose a King, and his lineage and race to rule over them, and did or could reserve power to themselves to take, or resuse, such of his posterity and race, as they pleased at any time. Without any mention of original right, or reservation of power in the People, the wife man saith, that power is given unto Kings of the Lord, and sovereignty from the Highest, 
Book of Wisdom cap. 6.  who will try their works, and search out their Counsels. And another man of much prudence, and a great favorour of the People's rights and liberties, saith, that God had therefore reserved Kings for the greatest punishment, because none in earth had power over them. 
Commines:  We find in our ancient Law-books, Britton and Bracton, 
Our most ancient Justice Bracton saith, nemo Regi recessitatem impo●ere potest, cum superiorem non habra● nist Deum; & satis ei erst ad paenam quod Dominum expeciat ultorem. Tacitus. John Bede of the Right of Kings.  that the King's jurisdiction is above all jurisdictions, and that from him all are derived; and so say the Civil Lawyers, omnis jurisdictio vel Principis esse, vel à Principe manasse. It doth not help our adversaries, their affirming that Princes are appointed for the good of the People, which is true, neither their disputing, whether a Kingdom, be haereditas, jus, sunclio, an't possessio, and a King be proprietarius, or usufrucluarius only. These busy Questionists serve to perplex men's judgements, and to pervert the truth, and are men, novandis rebus quam gerendis aptiores. King's are for the People, as the soul is created for the body, and the head for the members, to wit, in a superior degree to command, but never to set the feet or the members above the Head. Kings were anciently called pastors Populi, the Fathers and Husbands of their Country, Pater urbisque maritus: Romulus Rex, Parensque urbis Romanae. 
Lucan. Livius. L. 62. F. de regul. Jur.  It is certain that Kings have a good estate of inheritance. Haeredit as est successio in universum jus quod defunctus habuit, and how can this be denied of a Lawful successor in an hereditary Kingdom? Ad millesimum gradum extenditur regni successio, 
Baldus & alii Grot. de Jure belli lib. 2. c. 7.  & in regno successivo, repraesentationi locus est in infinitum. In regnorum successione distingui debent regna quae pleno modo possidentur & in patrimonio sunt, ab his quae modum habendi accipiunt ex Populi consensu. This Royal succession doth differ from private men's successions, neither is it ruled by the subtleties and nice distinctions of the Roman Laws, or the Law of the fiends, neither by the municipal Laws and customs in several Countries which concern private men's inheritance and succession; for as was said before, quae sunt publici juris & Coronae, separatam habent à jure privato causam & rationem. 
Bartol. & alii.  The Interpreters of the Law agree, that the Law Julia and Papia touching the estates and inheritances of men, doth not extend unto Kings, 
L. 3. Cod. de Testament, & Cujae. ad dict. Tu. Nevel. 105 in fine, & Gothof. ad dict. tit. 105 dict l. 3. C. de Test●●ment. l. 23. F. de leg ills. 3.  although the words are general, which in Laws and Statutes sell doom or never do reach unto Kings: Princeps legibus solutus est, id est, lege Julia & Papia, non ab omnibus legibus; lex imperii solennibus juris, Imperatorem solverit: omnibus autem à nobis dictis Imperatoris excipiatur fortuna: Fruitur Princeps singularibus privilegiis, licet in multis casibus codem cum caeteris jureutatur: nihil tam proprium Imperii est, quàm legibus vivere: decet enim tantae majestatis eas servare leges quibus ipse solutus esse videtur. 
Bald. & alii.  The most learned affirm, Regnum non assimulari simplici deminio, ut pater ex jure transmittendi regnum ad liberos, jure successionis Regiae; and that doth so appear by many singular rights, that there doth competere Regi universale dominium terrae, which rights are the marks of universal dominion, and did spring up with the erecting of Kingdoms without any concession of the People, or any other, although at the first the People did elect their King. Regi competere universale dominium terrae, 
Ex libro Jacobi Regis.  satis liquet ex legibus de Thesauris, de iis qui moriuntur sine haeredibus, de spuriis jus legitimationis non habentibus à Rege, qui solus id confer posset. Yet although it be said in the Law, omnia sunt Principis, it is qualified with this explication, 
Seneca, Cujac. ad tit. Cod. de quadr. pesc. vip.  omnia sunt Principis imperio, singulorum dominio seu proprietate: omnia esse Principis, id est, fiscalia & dominica sua sunt in suo patrimonio; haec sunt quasi propria Principis; omnia alia sunt propriè Principis imperio, singulorum dominio: 
L. 2. S. 4. ne quid in loco pub. Tertul.  Res fiscales quasi propriè Principis sunt: Sed si omnia sunt Caesaris, quid erit Dei? It hath been often seen, that when the right of succession descended to the next Lawful heir, who hath been barred by former acts of Parliament, those acts were never held valid to deprive him and his heirs, whom the Law accounteth, 
Grot de jure belli l. 2. c. 7. Glossa ad cap. cum secundum leges, & e●si neces se, de ha'. red.  successores juris, territorii, & jurisdictionis universalis, tam active quam passiuè: & successio Imperii, non est sub jure Imperii. Proximior de sanguine Regio, non obstante quod crimen laesae majestatis commisisset, & esset indignus, potest tamen indilatè, & absque aliquo temporis intervallo Regiam Dignitatem assumere, & Rex vocari. King James in his book to his son admonisheth him never to defraud the nearest by right of succession, what conceit soever he had of his person who was the next: for Kingdoms are ever at God's disposition, and in that case we are but liferenters, lying no more in the Kings, nor People's hands to dispossess the righteous heir. All former defects are purged by the descent of the Crown; and this it seemeth all Princes and States who make leagues and contracts with Princes do acknowledge; otherwise they have been, and may hereafter be deceived, in making contracts with Princes, who are, and may be declared incapable to grant or receive any thing, by virtue of an act of Parliament, or by any original or dormant power remaining in the People, or in any other. For thus should Princes have rather precariam possessionem, quam legitimum Imperium, whereby a multitude of endless quarrels would daily arise at home and abroad, to the prejudice of men's right, and to the disturbance of the peace of Christendom. They who argue that a King cannot alienate his Kingdom, say, that Kingdoms are not in the full propriety and patrimony of the Prince, because liberi homines in commercio non sint, and they add also, that a Kingdom is not only a succession hereditary, but a right also of primogeniture and proximity of blood, not as simply descending from the father or Ancester, sed sit etiam successio virtute legis Coronae, seu consuetudinis inveteratae & immutabilis regnorum. 
Covaruviae.  Agnati Regum, non tanquam agnati ad successionem vocantur; causam, titulum & jus successionis, 
Hotoman. de jur. suc. Reg. & Baldus Carolus Molinaeus ad consueludines Paris. Grot. dejure belli. lib. 2. c. 7. n. 22.  non à Rege novissimè defuncto accipiunt; non jure haereditario, sed jure sanguinis & stirpis, & consuctudinis regni. Frequens in regnis, est successio non haereditaria, sedlinealis dicitur, non jus illud quod repraesentationis dicitur, sed jus in posteros ex primo rege venientes transiens ordine certo. By an argument drawn from these distinctions in the Royal succession, Henry the Second of France signified to the Swissers, that he was not bound to pay all the debts of his father, because he held his Sceptre lege Regia, non simplicihaereditario jure: And so did Lewis the twelfth answer those who demanded of him Artillery, lent to his Predecessor Charles the Eighth, that he was not the heir of Charles, but his Successor of the Crown. Quia in jus Regni duntaxat succedit, & quà talis successor sit, non obligatur contractibus praedecessoris sui, quia jus non accepit ab co qui proxime decessit: Tamen hi contractus obligant successorem, si probabilem habeant rationem, quod in dubio ob regentium autoritatem praesumi debeat: nec res haec ad naturam negotiorum gestorum exigenda est, ut tum demum ratus sit habendus actus, si utiliter gestus sit: nam ad tales angustias reipublicae Imperantem redigere, 
Grot. de jure belli. lib. 2. c. 14.  ipsi etiam Reipub. esset periculosum. Sed successores tenentur pro utiliter gestis, quia pro utilitèr gestis tempore tyrannidis tenetur dominus verus, & contractus tum gesti valeant. 
Gentil. de jure belli. l. 3. c. 22,  Non admittenta est exceptio adversus hos contractus qui sunt Regii; & successores tenentur, si contractus sint ex natura & consuetudine Principatus. Birth giveth right unto Sovereign dominion in all hereditary Kingdoms, which right is not holden as of the Patrimony of the People, but the King hath it as a Proprietor independent by the Royal Law, 
Tillet. Bodin.  and inveterate custom of succession, which custom is an immutable Law, as in France; Mesdames fills de France, non par la Salic lay escritte pur les seuls subjects, en sont perpetuelment excluses par costume & lay particular de la maison de France: whether this Salic law extendeth to the succession of the Crown is a question, In terram Salicam mulieres ne succedant; 
Paulus Aemilius. Thuanus & Car. Molinaeus ad Consuetud. Paris.  terram Salicam, regnum, Franciamque interpretabuntur: Lex Salica cum Regno coepit; ad quam Franci non facti, sed nati, & educati; certissimum Franciae Palladium: In hoc maximè introducta est haec successio Agnatica in Francia ne per Faeminarum matrimonia ad peregrinum sanguinem Imperium deveniret. In the great controversy concerning the Succession of the Crown of Portugal before mentioned, although the Lawyers did much differ in their opinions upon the several titles of the pretenders to that Crown, and much perplexed themselves upon the distinctions inter jura proximitatis, repraesentationis & primogeniturae, yet they all agreed, that inasmuch as Portugal was gotten at first by conquest, and not by any election of the people, the people had no colour of right, so many being living of the blood-Royal. Neither was there any Law or custom for excluding the Prince of Parma one of the Competitors, in respect he was an alien born, or because his mother from whom his right came, the eldest sister died before her younger sister, the Duchess of Braganza. The laws of other Kingdoms, as the law of England, doth distinguish the rights of the Crown, jura regalia, jura Coronae, lex Coronae, by which peculiar law, the eldest is preferred without respect of the whole blood. Neither doth infancy work any disability in the Person of the King, 
Lord Chancel. case of the Postnatis.  or by being born an alien: and all this in respect of his politic capacity, adherent to his natural Person, and so all defects are purged, and all impediments removed by this regal right of succession.   

CHAP. XIV. Of the Beginning and Continuation of Kingly Government.  
IF this supreme power, as they affirm, be still inherent in the People, and that they had this supreme and original power immediately from God, or by his will and approbation; and that the power of rule and domination, by virtue of the Law of nature is in the community of men and in no particular Person; and although they do transferr this power, yet they may, when there is a cause, assume it again: How then can they reconcile themselves with St. Paul, who saith, the Powers are of God, are ordained of God; or with Saint Peter, who saith, whether it be to the King as the Supreme? And how can they reconcile their doctrine, with that which Aristotle, and other learned men affirm, that by nature most men are subject and servants to others, minùs sapientes, minùs perfecti, natura ipsa sunt servi & sapientibus subditi, ut ab aliis regantur; and these thus Subject are the greater number. 
Aquinas.  Servitus est naturalis, ratione utilitatis consequentis, scilicet quod quis regatur à sapiente; & licet est contra primam naturae intentionem, est tamen secundùm naturam, juxta ejus secundam intentionem: & ita est ordo naturalis in hominibus, ut serviant aliqui: Persona est domina v●l serva ratione naturae: Fst utilis servitus, cùm improbis aufertur injuriarum licentia, & domiti se melius habebunt, quia indomiti deteriùs se habuerunt. 
Augustinus.  Licet initio homines natura liberi nascebantur, & jure naturali non trant dominia distincta, in ipso quidem statu naturae primo; non tamen ex hoc negatur posse jure humano & gentium, hominum crescente malitia statui servitutem, & fieri dominorum distinctionem, idque ratione naturali factum fuisse apparet ex eo, 
Cousruvias.  quod utile valdè Reipub. sit & societati humanae. 
L 19 de Civ. Dei. cap. 15.  And so Saint Austin, Nullus natura in qua priùs Deus hominum condidit servus est hominis aut peccati; verum & poenalis servitus ca lege ordinatur; qua naturalem ordinem conservari jubet, perturbarive vetat, quia si contra cam legem non fuisset factum, nihil esset p●nali servitute coercendum. 
* Servitus est contra jus naturae propriè quoed statum innocentiae, quò ad statum post peccaium non est con troth jus naturale; Imò servitus aliqua, saltem quo ad statum post peccatum, dici potest secundum jus naturale, quatenus est quaedam paena determinate jure humano pro delicto, quod jure naturae castigandum est, ut sentis Thomas & Navarrus.  Seeing therefore that the best and wisest men are, and ever were, the fewest in number, and that the greater number are by the law of nature, and aught of necessity for the preservation of human society to be in subjection or in servitude, and cannot have a right unto liberty, in respect of those many imperfections and vices which do reign in them: how can they have a right unto domination and rule, and to transfer a power, which they never had, neither were ever capable of it, unless it be such power as they have lately usurped in our Country, whereby they have out in sunder the reins of 
† As did those ten Tribes who usurped upon the lawful progeny of David, as they did upon God's right, who said unto them, Ye have set up Kings, but not by me, and made Princes that I knew not. Hosea 8.4.  Government, and brought all things into confusion?  
Sin cast us all into servitude and out of this servitude all could not arise and have a natural right unto either domination or liberty. What power of domination can we find that God gave at first to his selected people the Jews, or was in them by nature? In the time of the Patriarches all supreme, terrestrial just power, Paternal, Sacerdotal, Regal, was in them: They were before the Law given in the place of Kings and Priests. What power can we find that God gave unto his people, or was in them, when he gave Kings to rule over them, a government most agreeable to nature, and which carrieth with it the most appearance of the divine approbation and imitation: a Government in the infancy of the world proceeding immediately from the Patriarchical, derivatively and ex traduce? We find in the first age of the world after the Flood mention made of Kings which ruled every where; 
Genes. 14. Deut. 17.  and of the first war, wherein many Kings were engaged; and no mention of any other Government then Regal. 
Genesis 36. Deut. 14. De Civit Dei lib. 16. c 17. etc. 3.  There were divers Kings of Edom, and in all the countries' round, before there was a King in Israel. In the time of Abraham saith St. Austin, eminentia regna erant Sycionorum, Egyptiorum, Assyriorum, and before that time risen up Nimrod, saith he, & factum erat initium regni ejus Babylonici. And here by the way, we meet with an argument of the Anabaptists, which is, that seeing from such a Tyrant Monarchy and Magistracy had so evil a beginning, it ought not to be held lawful. But there is a difference between the powers which are of God, and the administration, or the evil execution of those powers; as there is a difference between a lawful power unjustly used, and an unlawful power justly used; for, as St. Austin saith, the malignity of a tyrannical usurpation shall never be purged and made praiseworthy, although the usurper use all clemency and justice in his Government, nor the Regal power ever be subject to just reprehension, although a King become a Tyrant; 
Causa 14. quaest. 5. cap. 9  Aliud est injusta potestate justè velle uti, aliudest just â potestate injustè velle uti. Although Tyranny did begin by Nimrod, yet Government and Magistracy proceeded not first from him: It was established by divine decree before him. The government of the Fathers of the Families was before Nimrod. All the Progeny submitted to the Paternal and Regal government of the Head and Founder of the Family. From hence was the original of Regal government, and a natural reason and cause for the producing and continuation thereof, which reason had its operation amongst the heathens; In the beginning were Kings, 
Sallust. Tacit. lib. 3. Ann.  nam in terris nomen Imperii id primum fuit. But after equality and moderation were laid aside, and ambition & violence broke into Regal government, & domination and power prevailed, some People, postquam Regum pertaesum erat, after they were weary of Kings, as the Cretensians, Spartans', Athenians, governed themselves by their own laws, and not by Kings: some itching humour peradventure took them in the head, or they took Aristocratical and Democratical government as a medicine to cure Tyranny, and that did but change the malady; for those States were never free from seditions, or from many Tyrants Reigning at one time, which was worse than the Tyranny of one man, as they felt it at Rome; Fremebant Populi multiplicatam servitutem esse, centum pro uno dominos factos esse. 
Livius lib. 1. Judges 9.2.  Which is better, said Abimelech, to have threescore and ten men to have dominion ever you, or but one man only? Into this miserable condition were the Israelites fallen, when in place of one King, they had not only many, but also one Micah a private man; for all their Judges set up a new Religion, and an Idol, and disorder upon disorder followed, and the reason is given in sundry Chapters, because there was no King in Israel. 
* The miserable condition of the People is declared by the want of a King, and of the exercise of the true Religion, Hoses 3. Jud. 18.1. Jud. 17. August. Confess. lib. 3. cap. 18. l. 1. & l. 2. F. de Historia juris.  This desire of changing Monarchy did possess but few People; generale quippè pactum est humanae societatis obedire Regibus: Reges initio omnem potestatem habuisse; arbitria Regum pro legibus erant. After the Assyrians and Persians the Grecians and Romans had the universal Monarchy; what power their Subjects had, or did ever pretend to have concerning domination and government, doth not appear in any Histories: neither did any of the ancient Lawgivers, and wise men, Philosophers or others ever mention any such natural, primitive and supreme power to have been originally, and still to remain habitually in the People over Kings. There is no doubt but Nabuchadnezzar and his Successors reigned tyrannically, and yet the Prophet said, that God gave them power and dominion over men: God never gave, neither any others did ever pretend to have right to depose any of them for their Tyranny, as being any forfeiture of their authority.  
They would have it granted unto them, that Kings have not their authority immediately from God, because they are either by hereditary succession, or by election, gift, contract or by conquest; all which are but humane titles, and meant of acquisition not divine. But they ought to find a difference between the power which is immediately from God, and the means used for obtaining this power, which are humane; Aliud res est, aliud modus rem habendi, the means and the form must be distinguissied from the authority of governing; forma de hominibus esse potest, de coelo semper autoritas: and thus say the Doctors of Law, Principes legitimi sunt, aut Successione aut Electione, vel donatione, vel jure belli; bos titulos ab hominibus accipiunt: Titulus seu conditio, sive modus ab hominibus accipitur, potestas & autoritas est immediatè à Deo: Sic Pontisicts Electio sit ab hominibus, sed personae canonicè electae Deus dat Pontificalem potestatem, quam à Deo immediatè accipit. By which of these humane means Princes are advanced to rule, or by what form the Commonwealth is governed, or in whom the Sovereign power is vested, if they are lawfully advanced to their callings and estates we must acknowledge them for God's leiutenents on earth, and the power they have to be his, and his ordinance, and who ever resisteth this power resisteth the ordinance of God. Those affirm that the power of rule and government is derived from the People unto Princes, 
Soto de just. & jure lib. 1.9.1. artic. 3. Suarez. de legib. lib. 3. c. 3. & 4. & alii.  and that Reges à Populo creati sunt, in quos suum transtulit Imperium ac potestatem, & quòd potestas dominandi seu regendi politicè homines sit ex vi solius juris naturae in hominum communitate: & potestatem hanc à Repub. ad Principem manasse: Yet they acknowledge that this Power is not immutably settled and remaining in the People, 
Suarez. & alii.  sed per consensum ipsiusmet communitatis, vel per aliam justam viam posse illa privari & in alium transferri, ut per justum bellum, quod verum titulum & dominium conferat, So as by the opinion of those who are in part of our adversaries side, they cannot justify their allegation, that this Power and right of domination and rule, is always inherent in the People, and in the whole State of human societies conjoined, although they had it originally in them; so as they may assume it again, without having the influence of this their supposed original power barred by any means, as our adversaries affirm. For we find amongst most Nations, that they have received laws and their liberties from the grant and permission of the Conqueror, and not he and his successors their Power and authority from the vanquished people: Neither is there any authority or right, which any People have or ever have had in matters of State and government, but it may, and oftentimes hath been limited and abolished, not only by positive laws, and continued customs, but by their own concession and grant; as the Romans granted all their supreme authority to their King's league Regia, 
Institut. de jur. nat. & gent. & tit. F. de bist. jur. l. 1. & l. 2.  or else they may be deprived of it by the right of Conquest, especially proceeding from a just cause and lawful title, whereby the Conqueror maketh all his own which his sword toucheth, if the vanquished continue unseasonably obstinate, and do not help themselves by timely surrender or composition. 
Deutr. 20.12.  God who giveth victory in the day of battle, doth thereby give domination and dominion over the vanquished, and all that is theirs in a just and lawful war. Lex velut pactum commune est, quod bello capta capientium siunt: 
Aristot. Xenopbon. Clem. Alexand. l. 5. F. de acquir. rer. dom.  quae ex hostibus capiuntur jure gentium statim capientium fiunt: So that unto whom dominion is in this sort derived, the same do they enjoy by the law of Nations, as rightly as they, who acquire their dominion by the free grant of the People. 
* The Conqueror had by the law of Nations, and by the Roman law dominion over the conquered, and might bring them under servitude, yet amongst Christians the practice and custom is otherwise; for a city taken by conquest, saith Bartol. & Bald. non efficitur serva, sed subdita respectu jurisdictionis, unde cives retinent bona sua, & habent Testamenti factionem: But when a City is conquered or rather rescued and redeemed out of the hands of Tyrants, talem urbem recipi, non capi, & receptam, legibus antiquis & libertate stabiliri. Livius lib. 26.    

CHAP. XV. Of Prescription as well upon Land as Sea; And the Right and Jurisdiction that the King hath in the Sea, and over the Sea.  
MOreover a People, as well as a Prince, may lose and be barred of many of their rights, although not of their just liberty, by custom and prescription, which is at this day in many things the most usual law between the Prince and the People, as it is also an ancient and common title between Princes and nations: 
L. 28. F. de verb. signif. L. 32. F. de legibus.  Qui non utende rem amittit, vel rem patitur usu capi alienari videtur: Per non usum & desuetudinem leges abrogari tacito consensu omnium; & nil interest suffragio Populus voluntatem suam declaret, an rebus ipsis & factis. Sed aliud est non usus, aliud usus contrarius, qui majorem vim habet, quam simplex desuetudo, seu non usus. Prescription doth, as the sea, take from one shore and give to the other, straighten the ancient bounds on the one side, and enlarge the bounds of the other: It hath, as we find by experience, a strong operation upon land and sea: Rex habet de jure gentium privilegia propria, quae de jure gentium debent esse communia; as in having a right in the sea and over the sea, in respect of his jurisdiction and protection, 
Bracton. Bodin. Capolla & alii.  by an ancient and continued usage; 
L 1 F. de aqua l. 1. Cod. de servitutib. L. 56. lib. de Feudis.  Vetustatem vim legis tenere; longi temporis consuctudinem vicem servient is obtinere; as to lay taxes and impositions on sishers and on navigators in certain cases. Reditus seu Gabella piseationis, vel ex his quae in portum velex portu vehuntur, sunt inter Regalia. And also shipwrecks and other escheats and perquisites reputed in this age inter summa Regalia; whereby much of the liberty due unto men by the law of nature, and also by the ancient laws of the Romans is much restrained, through the force of custom and prescription, or assumed Regalities and privileges Regal, wrought and effected by the changes in times, and in the manners of men. 
* Antiquitàs non hoc jus in maria & flumina & venationes sibi accipiebant finitimi principes, ut nunc, verum propter impenses & sollicitudines principum crescentes, merit inter Regalia reducuntur, qua ab initio erant communia: Tholosanus de Repub. lib. 9 c. 1. num. 29. Mare & litora maris sunt ad usum communem, jure nature & gentium proprietas maris est nullius, licet protectio, jurisdictio & Imperium sit penes Reges. l. 3. F. ne quid in loce pub. piscationis reditus, Gabella, & vectigalie consueta & moderate, sunt inter Regalia, quasi Coronae debita, ut laborum praemia, & Regibus, Regnisque tuendis servientia: ut dicunt Interpretes ad titulum, quae sunt Regalia: in lib. Feudelium, Imperiorum jura, ut Aristides ait, hujusmodi sunt, ut ea non ex damnoprivatorum, sed expublica utilitate, Imperii vi & necessitate mesiamur.  All which peradventure may better still be tolerated, then endeavoured to be infringed or altered, in respect of those inconveniences which are likely to ensue. Unto those we may add the use of granting Letters of Mart, consuetudo clarigationis, seu jus dandi Represalias', as they call it, which in itself considered is no better than legitimum latrocinium, or as the permission to keep Concubines by the Roman Law, termed legitima intemperantia: for it is against natural equity, and the Rules of Law, that one should be punished for another: that the Father or Son should be punished the one for the other, or that a Subject should be delivered a hostage for his Prince against his will: yet all this must be tolerated, as a calamity or punishment, falling on some men etsi sine culpa, non sine causa: and although it be against natural equity, yet as the Doctors say, non omne quod est contra naturalem aequitatem idem & injustum sit: favour publici Status facit aequa non aequa, quia omne utile publieo id ctiam sit aequum. They are much deceived who affirm, that these maritime Regalities, jurisdictions, and customs, because they find the ancient Roman Law against some of them, are risen up of later time, and would have a boundless and indefinite liberty in the Sea. We find that whatsoever the ancient Roman law was, yet the Roman practice was otherwise, as was the practice of other nations; for Kings and Commonwealths did in former Ages challenge and exercise such maritime Regalities, although not all which are now in use: 
Gothof. & alii. ad L 14. F. de adquir. rer. dom.  Non est novum ut Populus aliquis classe potens, in mare imperium exerceat, ut olim Rhodii, teste Strabone, occupationis temporis immemorialis fulcro, licet non ratione praescriptionis propriè dictae, sed jure praeoccupationis, seu ratione quasi possessionis, 
Rhodericus Suarius de usu maris & alii.  ac etiam quasi praescriptionis, non ut modus acquirendi dominii maris consideratae, sed ut exceptio robur addit: & sic alii dicunt, quòd tempore immemoriali, quod vim tituli & privilegii habet, ac inveterata consuetudine Veneti jus & dominium in mari Adriatico quaesierunt: Nautica omnia lege Rhodià deciduntur, 
L. 9 & Gothof. de lege Rhodia. Livius lib. 30.  non jure Romano; sunt enim legum Nauticarum omnium Rhodiae vetustissimae. The Carthaginians said unto the Romans, vos terrà marique videamus regentes Imperia, non maris quicquam nostri juris est: Argivi expostularunt cum Athenis quia suo mari Spartanoes Argivorum hostes transire sivissent, 
Thucydides lib. 7. Plutarch in Pomp.  ut contra foedus. The Romans gave a large commission unto Pompey against Pirates, with absolute authority over all the seacoasts, although there were many potent Princes within that compass, who had jurisdiction or dominion upon their own coasts by law or ancient custom: 
Baldus & Glossa.  Mare dicitur in termino, districto, & territorio illius loci cui magis appropinquat: & inter dictum competere, ne quid in mari, sive litore fiat, quo statio, itérve fiat deterius: Maris communem usum esse omnibus, 
L. 1. S. 17. F. de Flumin. L. 3. l. 4 F. ne quid in loco pub.  tamen concedendum id non esse, à Populo Romano, qui imperium habet, quo deterior litoris, marisve usus futurus sit. The Civil law, as well as the laws and customs of other nations, do vary and detract from the law of nature, 
L. 6. F. de Just. & ju. Guiac. ad tit. F. de just. & jure.  sed quod detrahit non mutat; non in totum recedit jus  à naturali, nec per omnia ei servit; nam & in eo in quo recedunt à jure naturali, rationem habent saepè cum natura conjunctam, ac plerumque publicae utilitatis, quam & naturae jus suadet anteponi privatae. But now to reduce men to their primitive liberty, and abridge Princes of these Regalities, howsoever they were at first gotten, were, as Baldus saith, revangare mundum, to turn the world topsydown, & eripere clavem de manu Herculis, and to raise a universal combustion. Moors ubique jus gentium subegerunt; 
Cujacius. Plautus. Plinius. L. 1. F. de just. & ju. Cujacius.  & leges optimas aliquando in potestatem suam perducunt: Imo vis & Imperium quod primò erat nunc mores vocarentur. Et jus gentium à naturali jure recedit, quia non naturâ sed moribus nititur, & pleraque jura gentium naturali juri opposita sunt, cùm ad necessitates, & utilitates temporum accommodata sint. The manners of men and their customs are subject to change and vicissitude; they have their ortum, statum, & occasum, but prescription is permanent. Prescription and custom, have the force of law, and have wrought more changes amongst Princes and private men, then positive laws could effect. Tacitum Populi consensum proplacito & judicio Populi haberi: 
L. 32. F. de legibus.  Inveterata consuetudo pro lege haberi. Cicero saith, much of the Roman law more constat: 
institut. de jure gent.  Diutini mores consensu utentium comprobati legem imitantur. Much of our common law of England is customary law. France est regie par custumes, non par droit escrit, for'rs en quelques Provinces par loix Romans prins pour coustume: 
Tillet. Duck de usu juris Civilis, & alii.  Consuetudines esse jus common in Gallia, vel maxima ejus pars. But all customs are not binding, but such as are justè inductae & legitimè praescriptae: qui habent malam fidem, tempore possessionis inchoatae & continuatae nullo temporis tractu praescribunt, vel in actionibus personalibus, vel realibus, dicunt Canonistae; but the Civilians hold it sufficient, if it be begun, bond fide, although not continued to the term required for completing thereof. 
* Bona fides non sufficit, sed necessa. rio requiritur Titulus etiam, qui pessessori tribuat causam prascribendi, ubi jus common contrarium ei fit vel praesumtio probabilis adversus eum sit. nisi tanti temporis allegetur praescriptio cujus contrarii memoria non existit: Decretal. de Praescrip. cap 1 Habet velut longae possessionis praerogativam ex eo quod diu usus sit. L. S. F. De Itinere.  This I pass over, as also what is required for the interruption of the course of prescription and custom. Prescription and custom can raise a good title between Kings and nations, as well as amongst others, for ex Regum & Populorum longa patientia, & sic ex praesumpta derelictione, cum immemoriali temporis possessione, dominia transferri, by the laws of nations, as the Doctors affirm, quia per usum temporis immemorialis ïnducitur praesumptio juris & de jure, & habet vim pacti, privilegii & legis. Although some are of opinion, that it was brought in by the Roman laws, but long before those laws it was in use; for Jephthah did object to the King of the Ammonites, 
Judges 11.  the possession of three hundred years, and Sulpitius the like against King Antiochus, and so others. Si jure civili excludantur actiones privatae & civiles ligitima praescriptione; 
Livius lib. 35.  quid non etiam belli causae & actiones armatae, cum sit absurdum, ut nec post secula desit armorum & controversiarum bellicarum praetextus justus? 
Gentilis & Grot de jure belli.  The Roman Emperors have been justly barred in many cases from their Claim by Prescription. It is the common opinion that Princes and other States have justly prescribed, and thereby acquired their supreme Power, against the Roman Emperors, in respect of the presumed  consent of the Emperors, never making claim, nor giving them any interruption for a very long time. By the law the longest time given to the Church, was but the prescription of one hundred years, that time being elapsed, the claim and rights of the Church ceased, and were reputed obsolete: Centum annorum curriculo hujusmodi actionem evanescere, 
L. 23. Cod. de Sac. Eccl. Novel. 9  Romana Ecclesia gaudente centum annorum spacio vel privilegio: Centum annorum lapsu exceptionem Ecclesits opponi sancimus. Id vero quod est de centum annis, mutatum est in quadraginta, pro tollendis Ecclesiasticis actionibus, 
Novel. 131. c. 6. Thuanus lib. 101. Molinaus & alii.  Episcopi Galliae se semper tutati sint adversus hujusmodi conatus Curiae Papalis, praescriptione jurium & libertatum Gallican. The Roman Emperors, as we perceive, have lost very much of their dominions and Empire through dereliction and negligence, which other Princes, States and Cities have gained or usurped, and now to seek the recovery thereof, would cause their endeavours to appear as unreasonable and fruitless, as formerly their diligence or power was defective. 
L. 1. F. de usucap.  Bono publico usucapio vel praescriptio introducta est, ut aliquis esset finis litium, ne semper dominia incerta essent: for it is against reason, as well as against Peace, which the laws do more favour than any men's particular loss, especially through their own carelessness, that no bounds should be set to men's suits and claims, but controversies remain immortal.   

CHAP. XVI. Against the pretended Power of the people to Elect their prince, or to depose him; Of the Norman conquest of England, and of Leagues between Princes, and of Aides given to Subjects in Rebellion against their Sovereign.  
AFter our adversaries have made their allegations with some verbal flourishes; as that there is a natural right in all Societies to the power of Rule, and from the Societies and Communities of People, it is derived to one or more Persons: and although Supreme and universal Power be acknowledged to be in Kings, yet not so as to exclude the whole State of those Societies conjoined, and bar the influence of that power, which they have originally over Kings. Then for the proof of this they do offer one reason, which is, that every independent People (if they have or can find any such) being driven from their Country by any accidents, and scattered upon the face of the earth, being forsaken by those who had the rule and power over them, if they unite again, they have a natural right unto Supreme authority, and may constitute such form of Government as pleaseth them. As it was the case of the Romans when they came first from ruined Troy, and planted themselves in Italy. And so the Venetians, forced to forsake their habitations upon the firm land, and to plant themselves in those Marshes and little Islands in the Adriatic Sea, where Venice now standeth, there built and fortified themselves against those barbarous People, which over-ran the noblest parts of Europe, against whom they could have no protection from the Roman Emperor, their Sovereign. In these respects they justly challenge that City, and the Sea with the Dominion thereof. And although it be farther granted, that a people in such case may choose any form of Government: And that a people, and commonalty also, have right to choose a King upon the failing of the Royal line; because Regal Right and Dominion, where there is none left to inherit it, neither head to rule over it, cometh to the body and commonalty for preservation 〈◊〉 human society: yet all this helpeth not our adversaries. It cometh nothing to the proof, that all Kings hereditary hold their authority as derived from the people, and that it still remaineth habitually in the people, and that although Supreme power be acknowledged to be in Kings, yet not so as to exclude the whole state of those Societies conjoined, and bar the influence of that power, which they have originally over Kings. Neither can they draw good arguments, and especially general conclusions from singular and extraordinary events and examples, or from actions enforced for the safety of the People, which is the supreme Law. Necessity often findeth a justifyable supply, upon the failing of Gods own ordinances, expressly enjoined to be observed, if otherwise the most necessary duties would fail to be performed. Sed quae propter necessitatem recepta sunt, 
Regulae Juris Canon.  non debent in argumentum trahi: Quòd ob gratiam alicujus concessa sunt, non debent ab aliis in exemplo produci: They cannot prove that in Elective Kingdoms, the People or Electors after they have once elected, do always retain such influence of their power over their Kings, as that they may depose, limit or correct their Kings, unless their laws have so provided. The Emperor Valentinian being requested by the Army to choose a Colleague, answered, it was in their power to advance him to the Imperial Throne, but now for ye to meddle in matters of State, it is improper: it belongeth to the Prince, as ye have all acknowledged, therefore henceforward do as ye are commanded. Authority rightly settled, is not easily removed, neither by the intermeddling of others to be impeached. Those who have authority of Electing, and transferring power unto others, have, after those acts are consummated, no power to deal in any thing appertaining to that Power by them transferred: Non est novum ut qui dominium non habeant, 
Z. 46. F. de adquir. rer. dom.  aliis jus & dominium praebeant, vel causam, facultatem, modum jus vel dominium acquirendi; ut creditor qui pignus habet, pignus vendendo, causam dominii praestat quod ipse non habuit: So the rules often fail, Qui constituit est major constituto; & nemo dat quod non habet; quod verum est quùm nec potentià habeat; sed det transferendo, conferendo; Episcopus sic det Sacerdotia, & Canonici Episcopatum, & Cardinals Papatum, quae nec proprietate, nec possessione habeant, dicunt Interpretes. When the Romans gave up their Supreme power unto their Emperor, no part of that power was ever held to be remaining in the people: Constituto Principe datum est ei jus, 
L. 2. F. de. erigine Juris & tit. God de veteri jure enuclean.  ut quod ille constituisset, ratum esset: Lege antiqua, quae Regia nuncupatur, omne jus omnisque potestas Populi Romani in Imperatoriam translata sunt potestatem. This power thus translated, was not a delegated power, aliud potestas delegata, aliud transfusa. This power transferred, remained as immutable, as the laws of the Medes and Persians, or the sentence and decree of any Court of Judicature, which being once solemnly and definitively pronounced, that Court cannot reverse, 
L. 55. F. de re jud.  amplius corrigere sententiam suam non possit. And so in divers other cases, non datur regressus.  
If we cannot find by any law or reason, that the Romans, or any other People, who had in them the supreme power, could after they had transferred this power to Kings, and elected them, reassume this power again, and when it doth please them depose their Kings, or limit and restrain their power, by virtue of an habitual power still remaining in the People, as is supposed: then undoubtedly we can find no right in the People, or in any societies or communities of People, to depose, restrain or limit Kings of hereditary succession, especially those who have not their right from the People, but by Conquest, as in England. From such Kings of hereditary succession and right all jurisdictions do proceed, and in them reside, and unto them they return, say the Lawyers. Rex est lex animata, and his office and function is Indesinens Consulatus. 
Novel. 109.  All other rights and liberties how ancient soever, have been, as in other Kingdoms, at the will and mercy of the several Conquerors of our Island, the Romans, Saxons, Danes, Normans. Our rights and liberties contained in magna Charta, granted and confirmed by divers Kings, after much effusion of blood, we, nor our Ancestors did, nor could ever claim, by virtue of any reservation made by the People or any others, when they were conquered, neither by any original right inseparably inherent, and vested in the People, and from them derived. If we could hardly draw from our Kings the confirmation of our ancient just laws in force before the Norman Conquest, and with much difficulty and contestation obtain our former liberties often promised and granted by our Kings, and as often violated: we could not preserve any such original and inherent right unto any Supreme power over our Kings as is imagined: 
Huntingdon.  Normanni cito & breviter terram subdentes sibi, victis vitam, libertatem, leges antiquas Regni concesserunt. 
Henric. de Kinghton & Joh. de Brampton.  Willielmus Normannus dedit multis peregrinis, qui cum eo veniebant in Angliam, multas possessiones, Anglis in servitutem redactis, probrosum fuit vocari Anglicus: He gave to those who served him, terras & possessiones Anglorum, ipsis expulsis, & modicum quod illis remanebat, sub jugo posuit servitutis. Although he granted our laws and liberties in use before his time, yet he gave many Manors and much land to strangers and Soldiers who came with him, and unto the Church, and kept much to himself as domains of his Crown, by which means many of the ancient owners were dispossessed. 
Malmesbury.  The Conqueror did in his Charter and grant of some of the Ancient laws and liberties, lay his claim to the Crown, ex concessione sancti Edwardi, devicto Heraldo Rege, but no mention of any consent or right of the People. He did (as other Conquerors) sometimes seem to wave his title by Conquest, lest touching that string too hard, it would make a jar, and hinder all harmony. But his concessions and confirmations of the ancient Laws and liberties, proved for the most part but illusions. 
Ingulfus. Malmesb.  Some of our Historians affirm, that he changed most of the Laws, and made us accept his own Norman Laws and customs, delivered in the Norman language, a mark of servitude imposed by the Romans where they had conquered. 
Polid. Virgil.  He moulded the English customs to the manners of his own Country, and did forbear to grant the Laws of holy King Edward, 
Edmeru●. Huntingdon. H●veden.  so often called for: yet at the suit of the Barons, the Laws of King Edward, correboratae & confirmatae erant, quia veneratae erant prae caeteris legibus per universam Angliam. And therefore our great Lawyer mentioned in our Law books, did speak without book, in saying that the Conqueror came not to out those who had just right and possessions, but those who held wrongfully to the disherison of the King and his Crown. He had more knowledge in points of Law, than he seemed to have of matters of fact, so long before his time. As we cannot find anything, that can manifest this inherent and original right of the People, so can we not find in any case any colour of right in them, to justify their deposing, limiting and chaftising of their King, as our Adversaries affirm, saving only some matters of fact which they would have pass for Law, and according to their usual course, draw their arguments à facto ad jus.  
Edward the second and Richard the second were charged in Parliament, for oppressing, spoiling, destroying and the like, and were deposed; yet those Parliaments did never rely upon, or mention the People's inherent and original right to justify their proceed, neither much insisted upon the proof of those crimes objected against them, as causes sufficient to ground their most illegal and violent proceed: Neither did they hold themselves sure, until they had by a conjuncture of fraud and force, drawn those Kings to a seeming willing resignation, acted in a form and solemnity abounding both in absurdity and horror. For if the power and authority of Kings ceaseth ipso facto, as our new men would have it, for oppressing spoiling, and destroying, so that they may be deposed by their Subjects; why was this power and right of the People, never claimed and declared in any Monarchy, when they had sharp disputes with their Kings, as we have had, for oppressing, spoiling and destroying; but always we quieted ourselves with a present reformation of pressures and abuses, and with a new confirmation of magna Charta, which those Kings had no power and right to confirm and grant, if according to these men's doctrine, their power was determined ipso facto, and returned to the People, and they or the Parliament in a condition to reassume and exercise it? If Subjects have no right, and very rarely or never attempted, to bar the next in succession, when the right of the Crown descended unto him for any personal defect or crime of his, or his Ancestors, or upon any former judgement or sentence given in any Court against him, before the right of succession fell unto him; they have less colour of right to depose him after he is in possession, for any crime then committed: Turpius ejicitur quam non admittitur.  
The old Doctors of law, of great credit in their times and since, could tell them, that it did belong to the Pope as Christ's Vicar to compel rebellious Subjects to the obedience of their Sovereign by spiritual censures and excommunications, and that in the Pope was all the power to depose Princes; yet so as he ought not to proceed to the deposing of them, except in cases of the highest contumacy, and for the greatest causes, quae Rempub. Christianam laederent; seeing it could not be done, but with a great and general Scandal, and with the perturbation of the public peace. For by their opinion, the Emperor who is elected, could not, although with his free consent, resign unto the Electors, but into the hand of the Pope, in respect that a resignation is properly to be made unto him, who is Superior, and hath right judicially to hear and determine the cause, 
Innocent. Baldus. Archiadic. ad C. admodum Extravag. de renunciat. Peregrin. de jur. Fisci lib. 1. tit. 2. & 3. L. 27. S. 2. L. 22. S. ult. Mandati F. Sote de Just. & jure, lib. 4. quaest. 4. art. 1. Suarez. de legib. l. 3. c. 4. Glossa ad Clement. tit. de Beptismo. Aquinas secund. secund. quaest. 42. artic. 2. Mariana de Regis institut. lib. 1. c. 6 etc. 9  and compel the parties to the obedience of his decree: Renunciatio non tenet, nisi facta sit penes eum qui renunciantem invitum, causà cognitâ, judicialitèr destituere potuisset: neque sine licentia superioris officia seu beneficia accepta dimittere licet. Qui mandatum suscepit, deserere promissum officium non debet, alioquin quanti mandatoris intersit damnabitur: mandatum suscipere voluntatis, susceptum consummare necessitatis sit. But there are other later Doctors more bold, who affirm that a King for Tyranny may be removed by the Commonwealth, or compelled by the Pope's spiritual power, quando à Divinis legibus rebellavit. Others say that he cannot be deprived of his power by the People, from whom he hath his power, nisi quando in Tyrannidem declinet, ob quam causam possit bellum justum contra eum geri: And they repute him to be a Tyrant qui in Repub. non jure principatur; cùm Princeps tendat ad bonum commune, Tyrannus ad proprium; ergo Tyrannus non est Princeps, & ideò perturbatio ejus regiminis non habet rationem seditionis, nisi forte quando sic inordinatè perturbatur Tyranni regimen, ut multitudo Subjecta majus detrimentum patiatur ex perturbatione consequenti, quam ex Tyranni regimine. And when they have declared a King to be a tyrant, potest in jus vocari â Republica, (unde habeat Regia potestas ortum suum) rebus exigentibus; & si sanitatem respuat Principatu spoliari; neque ita in Principem jura Potestatis transtulit Respublica, ut non sibi majorem reservaverit potestatem. 
* How can the Subjects have jurisdiction over the Sovereign Prince qui est fons omnis jurisdictionis, à quo jurisdictiones per concessiones, commissiones & confirmationes fluent, ac per appellationes, querelas, & nullitates ad eum refluan? Bald. & Bracton noster.  Here our adversaries join with some Doctors of the Romish Church, for they find this doctrine as necessary for them to justify rebellion, and to depress the authority of Kings, as those Romish Doctors do to uphold the Pope's Spiritual power, which is, as they say, ex institutione speciali pendente à divina voluntate Instituentis, 
Suarez de legib. & alii. secund. secundae. quaest. 10. artic 10. & quaest. 12. artic. 2.  quae ab inferioribus mutari non potest. But the Regal power they will not have to be ex institutione divina, sed à natura, & ita data à natura & ejus autore, ut possit in ea mutatio fieri, pro ut communi bono magis fuerit expediens, quia haec potestas ex vi solius juris naturae est in hominum communitate: and although both powers may be said to be of God, yet the Pope's Spiritual power is of God immediately, but the regal Power mediante naturae lege. Aquinas saith, that Infidel and Apostate Princes, although they have, yet cannot retain dominion over the faithful; but being excommunicated for Apostasy, their Subjects are freed ipso facto from their allegiance: Although he doth acknowledge that Infidelity considered in itself, doth not abolish the right of dominion, which Infidel Princes have over the faithful, because it is ex jure gentium proveniente ex naturali ratione; Jus autem divinum quod est ex gratia, non tollit jus humanum quod est ex naturali ratione; and yet notwithstanding, the Church hath power to deprive them of this right, as cause shall appear. Thus do they labour to obscure and suppress the truth, and perplex themselves and others with those improbable distinctions, and pernicious propositions; not regarding how they have been confuted, and that by setting forth these propositions, they raise Principles of sedition and rebellion, and leave Kings in the worst condition of all men, by subjecting them to the amplitude of the power, and to the exorbitancy of the wills of their two Masters, the Pope and the People, to punish Tyranny and Apostasy; and to witness, accuse, define and judge thereof. 
* In Rege Ethnico vera potestas est jure gentium, idque fine ordine ad potestatem Ecclesiasticam: Dominia ut in fide non fundantur, sic in fidelitate non evertuntur: Privabit Censure Pontificis, societate fidelium, quà fideles suni, bonum illud Spirituale & ab Ecclesia; non privabit obedientia subditorum, quà subditi sunt: bonum hoc civile est, nec ab Ecclesia. Tortura Tor●●: Episcop. Cicestriens.  To set a colour upon rebellion, they affirm that the People do but so transfer their power, as they still retain the habitual power in themselves: This King James in his Declaration to all Christian Monarches calleth the Principle of sedition: and unto this may be added another of a more ancient date, but of the same mould, That allegiance is due to the Politic capacity of the King, and not to his natural Person. Upon this assertion was grounded the damnable opinion and practices of the Spencers in Edward the Seconds time: and very probable it is that this opinion made the way more smooth and easy for deposing that King, by the infection it infused, and the influence it had upon that Parliament. Although not long before, 
Rotula Parlamenti.  those Spencers, were amongst other treasons, charged with publishing in writing, That homage and allegiance was by reason of the Crown, and not of the person of the King, which they said did appear, in that no allegiance was belonging to his Person before the Crown descended, and so they would infer, that the People had power to depose the King. The many absurdities in this wild argument, the laying it open doth both discover, and carry with it the confutation, if there had not been enough said against it before. From these false Principles may arguments be as well drawn, for violation of men's faith and duties enjoined by divine and humane laws, and for the weakening of the authority of all Magistracy and power, although it be given by themselves, and intended to be exercised for their behoof. The Politic capacity of the King which never dyeth, never ceaseth, is inseparably annexed unto his natural person until his death, and both are conjoined at the very instant, that the right of the Crown descendeth unto him, which giveth a new qualification to his natural person, and life and virtue to his Office and function. His natural person est organicum instrumentum, 
Baldus & alii, cum Legistis Anglicanis  personae ejus intellectualis, publicae seu politicae. The power, office, dignity considered simply in itself, cum exclusione subjecti cui naturaliter inhaeret, non est nisi abstractum quiddam remoto concreto. This Politic capacity considered in itself, is but as the dead letter of the Law without the conjunction of the natural person, which giveth it life and vigour. In respect both of his natural person and Politic capacity, the King is termed in Law, Lex loquens, Lex animata, and his authority and office, indesinens Consulatus. Allegiance is therefore due unto his natural person, to which his politic capacity, is as it were appropriated and incorporated: both of them give and receive virtue to and from each other. His natural Person, 
Coke case Postnati.  his Politic capacity, his Crown and dignity, in our law-books and Acts of Parliament are taken for one and the same often. Nihil, ne minimum quidem inter Regem, Regiamque potestatem esse: 
Thuanus lib. 105.  nec Regiam dignitatem, separatum quiddam extra administrationem Regni dici aut singi posse, There is no difference between the King and his Kingly Power and office; by an indissoluble bond are conjoined his natural person, and his politic capacity: his person and his power, his person and Majesty, his person and Crown: These all are naturally conjoined by God's ordinance, and by the Institution of Monarchy; and a curse is laid on them who separate those whom God hath joined.  
The King our Head, and the life of the Law, by the virtue and influence of his Regal power, he only giveth and preserveth the benefit of Laws at home, and Leagues abroad made by him with Loraign Nations. And yet, we see to the admiration of men, that our Rebellion in England, of the largest extent that ever was, by an example not the like to be found, hath claimed and obtained the benefit and advantage of all leagues, formerly made by their Sovereign with other Princes and States; who were in no age so apt to comply with Rebels, for their profit and advantage, without regard of their honour, neither the encouragement they give to others of rebellious spirits, or of the evil example which hath, and may justly come home unto themselves. Foreign Princes as they are not Judges, so ought they not to make themselves parties in those odious quarrels between Princes and their Subjects. They ought to be peacemakers, which is one of the most glorious titles that can be given to Princes. Leagues are made for the conservation of peace, mutual aid, commerce and trade. They have more of reality in them then to be accounted but as mere personal obligations, they mutually oblige, as they mutually benefit the Princes, their Successors and subjects. And therefore to hold that all Leagues are void by the death of those Princes that made them, is a great and dangerous error. Imperator percussit foedus, videtur Populus percussisse Romanus, & foedere continetur. 
Seneca.  The mutual benefit of both Prince and People is conjoined and involved: one neither can nor aught to take benefit by them, with the excluding of the other. When Henry the Third of France was dead, the League made by him with the Swissers did continue in force; 
Thuan. lib. 97.  and upon this reason, quia non tam cum Henrico quam cum Corona Franciae contraxisse, quae nunquam intermoriatur; & ita Rex dicitur nunquam mori, sed mortuum Regem vivo proximo regnum tradere. These contracts which are juris Gentium, & juris publici, quia ex publica causa sunt, as are leagues, do bind each other and their Successors in many cases, 
Baldus & Peregrin. de Jure Fisci. Gentil. de Jure bell.  without express mention, quia facta sunt non nomine proprio Principis, sed sub nomine dignitatis suae & Reipublicae, & sunt de natura & consuetudine ossicii & dignitatis Regiae, & in figura magis Principatus quam suae propriae personae. Tenentur successores, aut numquid, nihil est cautio ista toties usurpata in foederibus. 
Ayala & Grot. de jure bell.  Tenentur successores per has publicas Conventiones quae non nomine proprio sed Reipub. incuntur, quae aequè repraesentatur per successores, ut per eos qui sunt hodiè. It were most unjust and absurd to deprive Princes who are the League-makers and principally concerned in them, of the benefit of their leagues, by their Subject's rebellion, who to receive any benefit by Leagues or Laws, is contrary to the intention of all who make them, and destructive to the Majesty and security of all Monarchies and States: Beneficium quod habeo propter te, 
Gentil de legationibus.  non possum uti contra te. Cum Praedonibus & rebellibus non est jus legationis, & foederum: Delinquendo non acquirenda sunt jura; nam jura violantibus, jus non violari, sed potius red●i, si non praestetur In talium scelerum noxios, nullam vim injustam esse. The Romans complaining of the injuries they had received from the Hircani, who answered the Romans, as did the Sabines; That they had made a League which Tarquin the Roman King, whom they having deposed and abolished the Regal Government, 
Dionys. Halicar. Livius.  those Leagues were determined with the People of Rome: Although the league might be in force with, and for the benefit of the King expulsed and his Heirs and Successors; 
Grot. de Jure belli.  cum Rege initum foedus manet, etiamsi Rex aut Successor regno à subditis sit pulsus: Jus enim Regni penes ipsum manet, utcunque possessionem amiserit. The Emperor Justinian answered the Vandals, 
Procopius.  requiring the benefit of a League, that he would break no league with them, neither make war against them, but against the Tyrant and Usurper, who had dispossessed their lawful King, and held him in captivity. The Roman General Quintus answered the Usurper of Sparta, 
Livius.  We have made no league nor friendship with thee, but with Pelops the lawful King: for the very mention of Peace or amity with a Usurper our ears cannot endure. And thus when Spartacus, such another, had gotten strength, and made wars by the help of a rabble of thiefs against the Romans, he sent to Croesus to make a league with him, but he rejected it with much scorn, as most unworthy the Roman name, 
Tacitus.  quanquam tunc ingentibus bellis labasceret Respub. non tamen datum erat Spartaco ut pacto in fidem reciperetur; non alia magis sua & Populi Romani contumelia. So the Emperor Tiberius was exceedingly offended at the presumption of Tacsarinas the great African Robber, for sending Ambassadors unto him: 
Tacitus. Florus.  Indoluit Tiberius quod desertor & Praedo more hostium ageret; for such are in the rank of those qui foedus humani generis ruperunt. Some are of opinion that in an Arist●● a●●cal or Democratical Government, if civil war happen, both parties seeming to be of equal right and balance (as in that between Caesar and Pompey, the Guelves and Gibelines) may send and receive Ambassadors; for they are not in the condition of Rebels; etsi pereas dissentiones Respublica laeditur, 
L. 21. F. de Captivis.  non tamen in exitium Reipublicae contenditur, & qui in alterutras partes discedunt, non sunt vice hostium, as was said before, when two are in competition for a Crown. Yet are there divers examples of Princes and States, that in this case would decline all dealing with either party, unless for their own interest and advantage, and answer, as those of Marcelles did unto Caesar in his war with Pompey, that they being the Allies of the people of Rome, it did not belong unto them to inquire, which had the justest cause. If either of them would come as friends to Marcelles, they would so receive them: but if either of them came in any hostile manner, they should find from their State no friendly compliance. They were not obliged to aid either Caesar or Pompey, although they were the Allies and confederates of the Romans; neither ought any to have engaged themselves in that pernicious faction of the Guelves and Gibelines; unless it had been to suppress them. The case was more ambiguous in the war between the Houses of York and Lancaster, yet so as we may not take for a rule, that shift used by Lewis the Eleventh, who being required by Edward the Fourth to send him aid against Henry the Sixth, according to a former league between them, answered, that the League which was made by him was with the King and Kingdom, and he held himself obliged to aid him only unto whom the Kingdom did adhere, 
Comines. Bodin.  and declare for their King; like that saying of an Earl taken Prisoner at Bosworth field, who being demanded why he took Arms for the Usurper Richard the Third, answered, that if the Parliament had set the Crown upon a stock, he would have fought for it. 
Camden's Remains.  The Parliaments in those times did not take on them to dispose of the Crown; and so did the Parliament answer Richard Duke of York, father of Edward the Fourth, when he pressed them to declare his Title against Henry the Sixth.  
Those who affirm that the change in the State and Government doth dissolve former Leagues, seem to affirm it upon such change as is fairly effected, with a free and unanimous consent of all, or by the immediate hand of God, when none are left to continue the Succession, and all former rights are extinct; but not of such change as is enforced by a detestable rebellion. 
Alb. Gen il. disput. ad leg. Jul. Majestatis & de jus. belli lib. 3. cap. 23. Grot. de Juce belli lib. 2. cap. 16.  Rex Regno pulsus, vel in carcere positus ab altero Rege, perdit possessionem quo ad ali●s Principes, sed non ex rebellion, subditorum suorum; & sic fuit responsum à Galliae Rege Edwardo Angliae, cum de Regno expulsum ab Henrico Rege sibi regem non vi●● ri. Sane cum Rege initum foedus manet, etiamsi Rex idem aut successor regns à subditis sit pulsus: Jus enim regni penes ipsum manet, utcunque possessionem amiserit. If the State and form of Government be changed, as if an Aristocratical Government be changed into a Monarchical, the former Leagues remain in force, as some conceive, quià manet idem corpus, 
Grot. de jur. bell. lib. 2. c. 16. L. 38. F. de solutionibus.  etsi mutato capite: but yet in all stipulations and pronuses this condition is employed, if it be not expressed (notwithstanding that all stipulations are stricti juris) tacitè inesse videtur, si in eadem causa, si in codem statu res & personae maneant, lest men should remain obliged contrary to their intention when they bound themselves, and be by alterations happening, tied to the observation and performance of that which is injust, impossible, or absurd. Neither can it be said, saith Aristotle, to be the same Commonwealth, if there be not eadem ratio Reipublicae, sed alia forma Reipublicae. Mutata forma propriè interremptam esse rei substantiam. Res abesse videtur eujus forma mutata est; ideò si corrupta redanta sit, vel transfigurata, 
L. 9 F. ad exhib.  res abesse videtur. 
* L. 13. F. de verb. signif. si sit Identitas materiae; diversitas formae, res diversa esse dicitur. ut L. 18. S. 3. de Pignorat. act. si sublatum sit aedificium; & eadem specie & qualitate reponatur alterum, si quis strictiù interpretetur, aliud est quod sequenti loco ponitur. L. 20. S. 2. F. deservitut. urb.  The Roman Empire often changed in the form, the Empire remaining, as is affirmed, although it passed to Kings, to Consuls, from the Senate and Consuls to Emperors, sometimes chosen by the Senate, sometimes by the Soldiers, but it cannot be said to remain always in eadem specie & natura. The Common saying of the Divines, when the Preisthood was changed, the law was changed, mutato Sacerdotio, mutatur jus; and so may it be said when the Commonwealth is changed, the rights of the Commonwealth are changed, although not abolished. An idem corpus sit, an eadem quantitas, 
L. 11. L. 12.13.14. De exceptione rei Judicatae mutatio personarum aliam atque aliam rem facit. L. 22. De excep. rei Judicatae.  an eadem causa petendi, an eadem conditio personarum, quae nisi omnia emcurrunt, alia res est. Whatsoever men's opinions are of these changes in Commonwealths, and notwithstanding these rules of law before declared, Princes and Commonwealths have, and they ought to have an eye, unto all changes and alterations in States and Commonwealths, especially unto violent changes and usurpations amongst their Neighbours; for men may justly be restrained and opposed in changing, or abusing their own, when the interest of another is impeached thereby: ubi capiat aliena Respublica detrimentum, 
Gentil. de jure belli. lib. 1. C. 16.  vel siquid iniqui in alios caderet: upon which reason Queen Elizabeth in her Declaration printed, excused her sending aid to the Hollanders, although that war seemed to be just on both sides, by that which was delivered in the justification of both parties: For by her aiding of them she had their assistance against the King of Spain her enemy, and the more hope of obtaining a good peace for herself, and those her nearest neighbours, and of her religion, and the most ancient and continual friends of the English: so that if their condition were changed by conquest, their ancient trade and commerce with England, to the great hurt of England, would be cut off and destroyed through their disability by servitude imposed on them. Pericles in his Oration to his Countrymen, said, Let us suffer those Cities which are of our association to remain free, if they continue so, 
Thucydides l. 2  as they were at the time when we made confederation with them. 
* The Romans in their Leagues did usually insert this Article, that the confederates should not suffer the subjects of each other, to bear arms against the other, neither receive the Traitor's fugitives or rebels of each other: and so was it in the league between Henry the Eighth and Francis the First, but those Kings had in their league this addition, That if Civil war did arise in any of their Countries, none of the Confederates should meddle therein, unless the war were maintained by some foreign Prince. Hist. of Henry the Eighth.  If Princes may have just cause to help the Subjects of another Prince, yet, as Movillier said unto Francis the First, the act, whatsoever the intention and reasons are, is subject to much envy and misinterpretation, as appeareth by divers examples: There may be as just cause for a Prince to help another Prince, especially being deposed, exiled, or oppressed by his subjects, and with much less envy, and more honour. King Tarqui ●ing expelled Rome, fled unto King Porsena, and desiring his aid, advised him, not to let pass the new taken-up course of expelling Kings by their own subjects: adding also, 
Livius lib. 2.  that unless Kings would maintain the right of Kings with as much vigour, as subjects sought to advance their own liberty, there would soon ensue an universal confusion, and all rights sacred and profane would be turned upsidedown, and nothing would be endured in States and Commonwealths, which was eminent above other; whereby would also ensue a total subversion of Kingly government; a thing both with God and man most beautiful and excellent. 
Justin.  Thus Darius vanquished by Alexander the great, and afterwards murdered by some of his own subjects, when he was near his death, he sent unto Alexander to revenge it, inasmuch as it was against his honour to suffer subjects to give an example so pernicious. 
Livius lib. 4.  The Romans were so quick when sedition and civil war broke out amongst their neighbours of Ardea in league with them, that they sent speedily their Ambassadors to appease the fury, who took off the heads of the Authors, and confiscated their estates to the Treasury of Ardea: 
Ovid.  Proximis à tectis ignis defenditur agrè: Paries cum proximus ardet, tunc tua res agitur & licet aedes demoliri vicini, ne ad nos incendium veniat. The Romans would not suffer an increase of power by iniquity: 
L. 49. F. ad leg. Aquil. l. 3. F. de Incendio. l. 7. F. quod vi aut clam. Sallust. Cicero.  Majestatis erat Populi Romani, non pati cujusquam regnum per scelus crescere. It was none of the least branches of the Romans glory, who were the mirror of magnanimity; that their Commonwealth might truly be reputed, Patrocinium orbis terrae, potiùs quam Imperium; & Regum & Nationum portus & perfugium. But yet the Romans were seldom losers by protecting and aiding others, for by that occasion they got much of their dominions: 
Sallust. Cicero.  Populum Romanum sociis defendendis, terrarum omnium potitum fuisse: God gave them, as some say, universal dominion, for their excellent virtues and laws: others say it was given them to scourge the tyranny and vices which did reign amongst other nations, and to end the discord and contentions amongst them. From the discord of Citizens, Strangers take their opportunity against them. 
Livius.  The Carthaginians first passed into Sicily, to take part with one side in a Civil war, but they endeavoured to make a prey of both. For sometimes neighbour Princes have, as in the fable, played the part of the Kite between the Mouse and the Frog, and ended their strife, by gaining that and more than that for which they did contend: as the Turk did in Hungary, when they called for his assistance. And thus other Princes have dealt with the Italians, at war amongst themselves, until strangers got all, or spoilt all they left behind them. Other Princes when their Neighbours have been in Civil war, have endeavoured to break the course thereof, and joined with one side, lest when both were weakened, the whole should fall into the hand of some potent neighbour or enemy of theirs. The Roman General Quintius offered his assistance to the States of Greece, 
Livius lib. 34.  to destroy Nabis the Usurper of Sparta, lest the contagion thereof should spread farther, and take hold of the other Commonwealths and Cities of Greece.   

CHAP. XVII. Of the King, and of his power in Parliament.  
THese pretended Patrons of Popular liberty, or rather of licentiousness and confusion, can find no way so meet in their conceit, for maintaining their Plots, as parity in Ecclesiastical Government, which being once established in the Church, by the example thereof, 
King James book to his Son.  the Politic and civil State should be drawn to the like. And therefore they will have an actual power to be jointly in the People with their Sovereign in making of Laws, which they call their Legislative power in Parliament, so as they would leave unto the King little or no power with his negative voice, and would weaken all his rights in Parliament, but especially his right of dissolving Parliaments. They would make him inferior to the Roman Tribunes of the people; 
Livius. Plutarch.  for any one of them by his negative voice could cross that which his Colleagues proposed to the People, and any two of them could stop all proceed, and dissolve all the solemn assemblies of the people, called by the authority of the other Tribunes. But say what they can, they cannot find his Legislative power, to be any other thing then the Regal power, and a principal part and branch thereof, although in many cases it be very justly restrained in the use and exercise thereof to the Kings sitting in his Parliament, his Supreme Court and Council, with all the estates of the Kingdom; but this is not in respect of any power or original and habitual right inherent in the people. The Commons are called by their Writ ad faciendum & consentiendum his quae de Communi consilio Regni nostri ordinari contigerit; as were the people by the ancient Canons of the Church called to the election of their Pastors and Prelates, 
Distinct. 63. c. 1. etc. 12. etc. 8. etc. 36.  non quod debent imeresse ut eligentes, sed ut consentientes: nullus invitis pepulis & non petentibus ordinetur, ne Lpiscopum non optatum, aut contemnant aut odiant; Is eligatur qui à Clericis electus, à Plebe expetitus fuerit, nec alitèr ascribitur Matthias Apostolorum Collegio, 
Acts 1.15. & 6.2. Cpyrianus.  nec aliter septem Diaconi creantur quàm Populo vidente & approbante: Haec exempla ostendunt sacerdotis ordinationem, non nisi sub Populi assistentis conscientia fieri oportere. And thus by the same reason and equity it is, that Laws which bind the estates and lives of men, and are for the common good of all and singular Persons, should be made in the great Council and supreme Court of the Kingdom, by the advice and assent of all the Estates of the Kingdom. By which course the just rights and liberties of the people are preserved, and taxes and levies of money on the people imposed, only by Parliamentary authority, as they ought to be. For thus the People are induced and engaged, to a willing observation of those laws, and submission unto those impositions, for the making and raising whereof they have given their consent. It was said long since by a wise man, that in ancient time and to the honour of England, 
Commines.  it was best governed of any Kingdom; the People least oppressed, the Kings living upon their own revenues; subsidies granted but only for war with France or Scotland, and the war undertaken by the advice of Parliament: by which means the King was the stronger and better served: and he addeth also that Princes cannot levy on their Subjects without their consent. If we look upon our most ancient Statutes or rather Charters of our Kings, and the form and stile of them, we shall find no Character of any legislative power in any but in the King, neither so much as the People's concurrence or consent in any Parliamentary way. It appeareth in our ancient Histories, 
Mat. Paris. Hoveden & alii.  that during the Reign of divers Kings after the Norman Conquest, the Kings when they called their great Council or Parliament, the summons went only to the Prelates, Earls, and Barons; and in some of those Histories there is mention of calling the Commonalty, and divers sage and wise men. In King's john's time the first summons upon record appeareth to the Prelates and Peers, 
S. Rob. Cotons' collections  and something may be gathered although darkly of the admittance of the Commons. Before that time every man by his tenure held himself to his great Lords will, in whose assent his dependent Tenants was included: These were long after the Conquest taxed and assessed by the consent of their Lords of whom they held, who enjoyed great Regalities in their Signiorîes, and were to their vassals totidem Tyranni, saith Mat. Paris. These great Lords did so curb and restrain a long time the King, that there was great danger they would have raised an Aristocracy, or several petty Principalities, so lofty was their carriage towards their King, which in time would have strangled the Monarchy, and all under the pretence of the public good, which drew on that long and destructive war called the Baron's war, and made it the more plausible and popular. After these combustions ended, and the King, the Lords, and people, were reduced to reason and moderation, which often was wanting on both sides; then the Statutes made in the time of King Edward the First and Edward the second, had these words, Statutes made by the King in Parliament, at the request and petition of the Commenalty, with the assent of the Prelates and Pears: And so in the Fifth year of Edward the Third, at the instance and special request of the Commons with the assent of the Prelates and Peers, we have ordained and established; and so in the succeeding reign of Richard the Second, and in the first of Henry the Fourth. Thus did the force and efficacy of our Laws proceed from the King's Legislative power, acting by and with the concurrence of the three Estates in Parliament, contributing their assistance, according to their respective duties and the trust reposed on them. This concurrence doth serve excellently for the direction, regulation, and in some respect for the qualification, not for the diminution, but for the support of the King's power and rights. The absoluteness and generality of this Regal power, being also in many cases often restrained, in the administration of Justice, in the inferior Courts of Justice by the Common Law of England, and by the Laws and customs of other Kingdoms: And therefore the assistance and concurrence of all the Estates in Parliament cannot amount unto the raising of any coequality or competition of power: the influence of the Sovereign power is that which giveth life to the making and to the execution of all Laws: both Houses of Parliament acting according to their duties, and not exceeding their bounds, the rights and prerogative of the King is neither restrained nor obscured, but guided, strengthened and carried with greater vigour and Majesty, for his and the People's most good and security. If our Kings had any copartners in the Legislative power, or were less in Parliament then when they were out, our Judges have been much out, and deceived him and others in affirming oftentimes to the Kings, that in no time they were so high in their Royal estate, as when they sat in Parliament. The Canon-Lawyers say, the Pope is greater when he sitteth in a General Council, in respect of the amplitude of knowledge, and the spirit of discerning. After the Romans had transferred all their Supreme power to their Emperors, yet did the Senate afterwards make divers Laws, called Senatus consulta, which were often concomitant, or subsequent to the Imperial Edicts, yet this was never held to be a conferring or communicating of any part of the Legislative Imperial power: no otherwise the Kings of France do grant to the Parliament of Paris, when their arrests concur with the King's Edicts, which are there usually ratified: 
Cujacius, & Pet. Faber. Semest. lib. 1. cap. vult.  Optimi Principes non dabant ullam constitutionem, sine authoritate & sententia Jurisconsultorum, & Edicta Principum Romanorum, & sic Regum Galliae plerumque subsequebantur Senatus Consulta. Quod Principi placuit legis habet vigorem: leges condere, soli Imperatori concessum est: & legis interpretatio solo digna Imperio est: Imperator solus conditor, & Interpres Legum est: 
Institut. & Jura nat. & gens. & Lust. Cod. de legibus Tit. F. de origine Juris. Lib. Feud. constitut Lethaeri. & Fred. Imperator.  licet Augustus Caesar constituit viros prudentes ad jus interpretandum, ut major juris authoritas haberetur. The Emperors since have made their Laws, hortatu & consilio Archiepiscoporum, Episcoporum, Ducum, Marchionum, Comitum, Palatinorum, caeterorumque Nobilium & Judicum. yet this was never holden to be a communicating of their legislative power. Long time in the French Monarchy Laws and Edicts were made by the King, & per suum magnum Concilium, as in England, and so were causes Civil, Criminal, and Fiscal determined and judged by our Kings, or his Council, or by his delegated poer to others, before the Courts were established at Westminster, as appeareth by our Histories and Records.  
The three Estates in France and Spain did never in the former times when they were most in use and power, challenge any part of the legislative power, neither did their Historians and Lawyers ever grant it to be in them, for aught appeareth. Bodin doth acknowledge that in England the excellent institution and use of Parliaments hath longest continued, 
De. Repub.  and saith, that legum rogatio & probatio non arguit Imperii majestatem, licet autoritatis speciem: Ordines Angliae autoritatis quaendam habeant, jura Majestatis & summum Imperium est in Principe. And so a learned Hollander, 
Grov de Jure belli lib. 1. C. 3.  no slatterer of Monarchy, saith, they are greatly deceived, qui existimant, cùm Reges acta quaedam sua nolunt rata esse, nisi à Senatu vel alio caetu aliquo probentur, 
L. 8. F. de Constitutionib. L 1. Cod. de legib.  partitionem fieri potestatis. The supreme Senate is (as the Emperor in the Golden Bull calleth the Prince's Electors) partem corporissui, columnas & latera, solidacque Imperii Bases; jus dandi suffragii in Comitiis Imperii Germanici non trahit secum majestatis communicationem, cum majest as indivisibilis sit, nec Electoribus, Principibus, aut Statibus Imperii communicari poterit: Tamen nihil majestati detrahitur, si in partem solicitudinis Imperatoris invocentur, exemplo veterum Imperatorum Romanorum, qui et si habuerint summam potestatem, ut quodcunque Imperator Edicto statuit legis habebat vigorem, nihil tamen magni ponderis sine consilio & consensu Senatus expediebant. 
* Arumns ad aur. bul. non obstat quod dicitur in L. 1. F. de constitutionibus. Quod Principi placuit, legis habet vigorem, quia sequitur in fine legis non quiequid de voluntate presumptum est; sed qùod concillo magistratum suerum, Rege au●●ritatem praestante & habita super hoc deliberatione & tractatu, recle fuerit definitum. Bracton & Fleta. L. 8. Cod de Legibus. Bartolus & all. L. 1. F. de legibus.  Moreover long before the Empire was established in Germany, when the Roman Emperors granted unto divers Princes and States of the Empire, that without them and that form by him prescribed, laws should not be made or held effectual, nisi supradictà formà observatà, ita ut universorum consensus, nostrae serenitatis autoritate firmetur: etc. It was never holden by the interpreters of the laws, that the Emperors did or could by his grants pass away or communicate any part of their inherent, individual legislative power. The several estates conjoined in Parliament, as the Lawyers say, in other cases do assist, non per modum limitationis, sed per viam ministerii necessarii: quia leges condere est maximus meri Imperii gradus, & de reservatis Principis in signum supremae potestatis. justa & legitima lex est quae processit ex civium concessione & voluntate spontanea: Lex est communis spensio Reipub. quia in legum observationem quilibet Civium spondere videtur. This rule in law ought to have place in all Monarchies, as well as in Commonwealths and free States; it being so agreeable to justice and the preservation of all men's rights. Yet our Statutes made in Parliament are the proper acts of the King's legislative power, with the necessary assistance of the three Estates, sed nec communicato, nec diviso Imperio. To communicate he ought in Counsel, but not communicate his supreme rights of Empire: for his Empire is not so much permitted by God to his absolute power, as it is by him committed to his faithful care, for the preservation thereof, and the People's welfare, and unto him he must give an account.   

CHAP. XVIII. Of the Kings Prerogativ'.  
Our Innovators do not rest at the quarrel against the King's legislative power, and other his Regal rights; but many of them fly at his whole prerogative: The very name is odious unto them, through ignorance or malice. The prerogative of the King, is supported by the Common law of England, and it doth often serve to support the Law, and the rights of all men; both of them do give and receive virtue and strength to and from each other. The Emperors in their Laws say, Authoritate juris penàct nostra authoritas. The Regal prerogative, 
Ld. Chanc. Sir Edward Coke postnati.  is called Lex Coronae, and it hath ever been reputed a part of the Common Law of England, and so lex Ecclesiae Anglicanae, & lex terrae: and this lex terrae doth, as formerly our regular Parliaments ever did, fence and enclose the prerogative within its just limits, as well for the safety and preservation thereof, as for the welfare of the people, which being the supreme law is the scale and measure of the King's prerogative. For there is great use of the King's prerogative, especially when the ordinary course of law cannot afford that help, or at least so speedily as is necessary, not only to prevent injustice and wrong unto private men, but also the prejudice or damage of the Commonwealth, peradventure irremedial. 
Tacitus.  Oftentimes, tarda sunt legum auxilia. But as the same author saith, non utendum Imperio, ubi legibus agi potest, according to the rule in law, qui communi auxilio munitus sit, non debet uti extraordinario remedio. The prerogative is not to cross, and suppress the ordinary course of law and Justice, if it may be avoided, to the prejudice of the just rights and liberties of the people: 
Psalm 99  the King's strength loveth judgement; he doth temper his power with justice: when the ordinary course of law can be effectual, the supreme absolute power ought not to be used. There is often use of the prerogative, ex vijustitiae, for moderating the rigour, and for suppressing the abuse of divers penal laws, made for terror, ut metus, non poena ad omnes perveniat; not to be preposterously used as snares to catch men by those Informers who often become the Caterpillars of the Commonwealth, and are more evil than necessary, whereas the best of them are accounted in the number of necessary evils: Instruments these are made for the draining of men's purses, not for correction of their evil manners; when the penalties exacted seem rather as a price set upon offences then a due punishment of them: Vbi omnis domus delatorum interpretationibus subverteretur, 
Tacitus. L. 4. Cod. de Delatorib.  utque antehàc flagitiis, ita tunc legibus laborabatur; & graviora remedia quam delicta erant: omnibus notorium sit hos nunciatores execrabiles esse, qui consequendi praemii causa àenunciant; adeò turpe est delatoris nomen, 
L. 3. Cod. de Injuriis.  ut injuriarum actione tenetur qui hominem delatorem appellat. Penal laws thus executed prove oftentimes as pernicious, and raise as much hatred against the Prince as the overstraining and abuse of his prerogative, or the exercise of an arbitrary power in government. 
* As was the case of Empson and Dudley in the time of Henry the Seventh. Corielanus was banished Rome, ut nimius exactor Legum: Halicarnase. 8. summum jus summae crux; such men for their reward, are often made publici odii piaculares victima.   
But if a King hath not a supreme power, his government will be very defective, and he is rather to be esteemed a titular King, than a King invested with Regal Sovereignty: although it is necessary to have this regal power restrained in many cases by just laws, and by the prudence of Judges in courts of judicature, for the good of both Prince and People: Ea demùm tuta & diuturna est potentia, 
Valerius Maximus lib. 4. c. 1  quae viribus suis modum imponit, legitimis vinculis constringendo, ut longius à licentia, ita propiùs ad benevolentiam, as the wise Spartan King said: And yet they are much deceived, who think Kings can be never too much restrained, and esteem the most limited power the best and safest; whereas the best limited power, and most likely to preserve peace between the King and his Subjects, is that power which, as much as may be, is regulated by the foundest, most perfect and equal laws between the Prince and the people. For the ancient wise men, philosophers and Lawgivers, did not approve of those governments as the best, where the supreme power was most restrained, but where the justest laws were, and the most care for the execution of them: The liberty necessary for the Commonwealth, 
Guicciardine  is that liberty which serveth as the handmaid of Justice, and is to it applied and appropriated: Moderata libertas omnibus salutifera, 
Livius.  immoderata omnibus gravis, & possidentibus eam periculosa. The Romans who were most careful in preserving just liberty, and enemies to unlimited power and arbitrary government, 
Livius Grot. de jure belli.  were oftentimes constrained to constitute a Dictator with supreme authority, exempt from the legal forms and strictness of positive laws, who in the time of his Dictatorship by the same power did all acts as a King, neither could any other make them void, and the reason they gave is, ne capiat Respub. 
Livius lib. 2.  detrimentum: Creato Dictatore primùm Romae, ut intentiores essent ad dicto parendum, neque provocatio erat, veque ullum usquàm, nisi in diligemia parendi auxilium. And may there not oftentimes be as great cause for a King to use his extraordinary power without the compass of positive laws, as there was for the Romans to constitute such an extraordinary and supreme Magistrate? For as the prerogative of the King ought to give place to the public good and safety of the people; so must the rights and liberties of the people, when necessity requireth give place to the King's supreme authority: Subditorum jus supereminenti Regis dominio subest, 
Grot. de jure belli lib. 2. C, 14.  quatenus publica utilitas desiderat: Nam ut aequitas simplicitèr cedit aequitati summae, ita jus eedit juri supremo; maxima aequitas est, & lex suprema, dicunt Doctores, quae maxime ad religionem (nam summaratio est, ut in lege dicitur, quae pro Religione facit) spectat, & ad publicam utilitatem, & ad hominum societatis vinculum conservandum. Moreover those who would abolish the King's prerogative would take away with it one most proper and necessary branch thereof, which is his right of granting privileges, dispensations, qualifications, exemptions from the Rigour of positive laws: so as men shall expect no farther than the letter of the law granteth, whatsoever their case or merits are: whereas there is often as necessary use, and as great justice in privileges, dispensations and exemptions, as there is of and in the Laws themselves, and peradventure more. For the most perfect positive Laws cannot provide for all accidents. The Roman Praetor had power, 
Cicero. L. 1. F. de Just & jure.  as equity required (aequitas justitiae maximè propria est) ut juvet jus , ut suppleat, utque corrigat, in private men's cases, and so is it in Courts of equity: And shall the Prince be restrained from the use of equity, from helping, supplying, or correcting the Law, when the public good, or the preventing of injury to private men, requireth it, and from dispensing with the rigour of penal laws, 
L. 1 l. 9 l. penul. Cod. de legibus Novel. 82. cap. 10. L. 12. F. qui et ● quibus. Cuiae. & alii ad dic. l. 12. Faber adregul. Juris.  whose right it is leges condere, & conditas interpretari, duritiamque ipsarum mollire, lenire, temperare? Judices non debent esse clementiores legibus: In lege dicitur, quod quidèm perquàm durum est, sed ita lex scripta est, and it was not in the power of the Judges to help it, for such a strict and hard Law, only the Prince could mollify, when the words of the Law are so clear and precise, that it cannot receive an interpretation ex bono & aequo. it were very absurd to take away all particular privileges and exemptions from the general rigour of sundry Laws; and it were infinite to set down those good Laws founded upon reasons, drawn from the Law of nature: which nevertheless upon due consideration of circumstances, are justly restrained from their general force, without any violation to the reason, the life and the soul of those Laws, as the Doctors say of the Civil and Canon Laws. So as there is a dispensation of Justice, requisite in point of Justice, as well as there is a dispensation of Grace, whereby the bond of the Law is not released, the force and obligation of the Law still remaining; only the reason of the Law, which is the soul of the Law, in some particular case ceasing, the Law is justly interpreted in such case not to have place, but to have the influence and virtue thereof limited or suspended according to the true meaning of it, and the intention of the Lawmaker, lest injustice or absurdity follow. I grant, that there is often an abuse of the Law, and of the equity and power given for interpretation, mitigation and dispensing with Laws under the countenance and colour of equity and justice; plerumque sub authoritate juris perniciosè erratur, 
L. 91. F. de verb. oblige.  ubi quaestio sit de bono & aequo. And there is an abuse of the Regal power and prerogative; quid non dominantium cogitavit cupiditas? ubi malè agitur necessitatis obtentu, 
Plinius.  & licita ex necessitate in argumenta trahuntur, as saith the Law. And all this is acted under the colour and pretence of reason of State, which according to the Italian saying, Ragion di Stato, guasta tutto il Mondo, Reason of State destroyeth the whole world: These are commonly called Machiavillian counsels, State-impostures, stagitia dominationis; as were those which Proculus, 
Tacitus.  Titianus and Nero used, when they could find neither Law nor reason to justify their will, ad jus imperii, & add vim dominationis transibant. And in later ages the exorbitant actions of Princes are justified by Sycophants, by reason of State, and by the virtue of their absolute power different from their legal and ordinary power. 
Baldus. Innocent. Alciat. ad l. 2. Cod. de in jus voeando & alii. De plenitudi. ne potestatis Pontificis, non oportet sermonem effundere, quia superfluum est solem facibus adjuvare. Extravag. Gloss. ad tit. 1. Plinius ad Trajan. Imp.  Plenitudine potestatis Princeps ad malum utendo, dicitur plenitudo tempestatis non potestatis; nam clausula de Plenitudine potestatis inserta, intelligitur de potestate justa, non Tyrannica: Inest enim plenitudo potestatis in dispositione bonitatis, non pravitatis: posse injustum facere potestas non dicitur, sed infirmitas & deficientia boni. Plenitudo potestatis non extenditur ad iniquum, neque exercenda est, nisi praemissa clave discretionis, quae regulanda est per jura & ex bono & aequo. Sed in Jure nostro nulla est mentio plenitudinis potestatis.  foelicitatis est quantum velis, posse; sic magnitudinis velle quantum possis. But these corruptions and abuses, are not sufficient causes, for the abolishing the good and ancient institutions in Commonwealths, or the proper and necessary rights of Monarchy, unless we will imitate our late Reformers, who rather have chosen to cut off from the body that which was necessary, then endeavoured to cure any defects there: and have destroyed the good corn wilfully, when they only pretended to pull up the weeds. The Balance would be kept even between the Subjects right and the King's prerogative, if the Rule in the Roman Law were observed, salva Majestate Imperii, 
L. 11. F. de Justitia.  salvoque jure & more majorum; quia ut dicunt Juristae; sicut pendet Justitia & ratio Tributi & Fectigalis in recognitionem Supremae potestatis, & ob onera sustinendae Reipub. & ad praestandam securitatem mercibus; ita Regalia Regibus competere, ut statum Reipub, desendant, sive decus & dignitas, sive salus utriusque spectetur. 
King's have their proper and peculiar rights assigned by God who commanded Samuel to show the people the manner of the King that shall reign over them, rationem istam Regis qui regnaturus est super eos: 1 Sam. 8. verse 9 & 11.: And Samuel told the people the manner of the Kingdom, eloculus est Samuel jus Regni. 1 Sam c. 10. vers. 25.    

CHAP. XIX. Of a Civil war, and of the effects thereof.  
I shall now draw towards a Conclusion, and in my passage show the fruits of our adversaries wit and labour, which have been rebellion, civil war and servitude; with some examples of their forerunners in other countries, which they have imitated, being they were more apt to imitate and magnify any example of rebellion, then to take warning by their calamities, or to consider the ruin of their own Country, and the great scandal they have given unto the Christian name. To begin with that which was nearest to us, the late memorable example in France, where they of the Reformed religion, for their defence, and liberty of conscience, as they set it forth in their Declarations and Protestations, made an Association, and took up arms. And soon after those of the Roman religion, made the like Association, about the year 1576. which they called the holy League. 
Thuanus.  Both these produced the most dangerous rebellion and civil war in all respects, that ever fell upon that Kingdom, or any other Christian Kingdom; for the people generally fell into such a frenzy, that they deserced their Allegiance, charity, religion and reason. Into these Associations many were at the first drawn unadvisedly, through divers and different perturbations in their minds, designs and interests: some upon false apprehensions and reports of the King and others, cunningly raised: Others through discontent, want of livelihood, hope of raising their fortune, hatred one of another, or of the present government, or of those of the greatest power therein: and many out of preposterous and wild zeal. And when repentance found entrance, they could not find any way out of this Egyptian darkness. The Cathoilck league was carried on with much subtlety and power, by the chief of the faction, men of great power in Court, and with the seduced and violent people: Unto this league by ill counsel, the King Henry the Third gave connivance; and out of a desire to suppress some popular fears and jealousies of him, and to show himself really a devout son of the Church, he soon declared himself a party. And finding this Catholic league overmaster him, he fell to no better shift, than the confirming and ratifying of it by his authority. But soon after that he perceived the design of the chiefest amongst them, tended to the weakening and subordination of his authority, by many of their actions, and chiefly by their endeavour to get the power of the Militia into their own hands, and all under the colour of defending the Catholic religion, and the extirpation of Heresy. For prevention thereof, and preservation of himself from contempt (into which he did run by joining himself to the league) he sought to throw out the devil by Belzebub, and all that he could do could not untwist those inextricable difficulties, in which it pleased God to leave him, although he was a Prince endued with prudence and fortitude, and, as was said of him, he might have proved an excellent King, if he had not fallen into such times But he laboured and struggled under the contempt and hatred of his people, either of them being sufficient to draw destruction upon Princes: and the affection of his subjects was fastened upon the Duke of Guise, a great Lord in respect of his alliance and followers, exceeding popular, ambitious, active, and of excellent parts. Under this new league and association, new officers were chosen, soldiers and money raised, and war with the Protestants waged. The League was acknowledged to be the head; the King became an accessary, and not the principal; A preposterous and deformed government erected; into the body a new head ingraffed, and the old laid aside, not cut off, but made of no vigour, and so was a horrid monster raised. Then did it soon appear, that those arms taken up for religion, by the actions and the accidents ensuing, were turned against the King, who too late caused the Duke of Guise, and the Cardinal his brother to be slain, the which act drew on the Tragedy to the height, for the year after he himself was murdered. Peradventure it will not seem impertinent, considering the likeness of our condition now in England, 
Thuan. l. 100  to relate the words of our wise Author, who saith; Foederatorum factio primò libellum emisisse constat, quo sumptorum armorum rationem reddebant, ad levandā scilicèt Tributis plebem, quò his inescamentis fascinatam ad suas partes pertraherent; & novarum rerum cupidos boni publici praetextu ad rebellionem impellerent: Cum haec non successisset alia via Plebem aggressos, & religionis causam in horum animis praevalidam affinxisse: & quamvis nemo religionis observantior fuit, quam Rex Henricus Tertius, calumniose multa in illum commentata crant, quasi, communicatis cum sectaria peste consiliis, evertendae religioni incumberet. His successor Henry the Fourth, a prudent magnanimous and victorious Prince passed through a multitude of difficulties, and obtained many victories, before he could get the quiet possession of his Crown, occasioned by the errors and dissensions amongst those of his own party, as much as by the power and practices of his adversaries the leaguers and their adherents. And although he did see the death and destruction of many of them, yet was he driven to agree upon hard conditions, and to grant a pardon to them, to the great discontent of many, who had served with much courage and fidelity, for his friends did see many malicious rebels in as good or better condition than themselves. The King's excuse was, that he could not help it, for he was enforced to expel one plague by another. And as it is related in the History, when the King had effected peace, than did appear the incomprehensible effects of a Civil war, driven to the height; Religion pretended on all sides at first, cast out at last, or used but as a stalking-horse: the honest Families, the Cities and the people generally corrupted in manners, and brought to poverty: the Nobility most of them accustomed to rapine and licentiousness, apt still to retain that course of life: Unto those who were oppressed with debts, or guilty of great crimes, peace the inestimable blessing of God, was a torment. Others were ready upon all opportunities, to take arms again, to maintain their prodigality, and wholly indisposed to use any honest trade or civil course of life: and some to be revenged of their enemies, or to repair the losses they received in the former Civil wars. And as by the occasion of the Roman civil war impositions and taxes intolerable were laid, although then excusable, yet many of them alterwards remained in time of peace; and so it happened in France, after their war ended with the English, and their Civil war, which then followed, or rather came together. 
Comines.  But the Kings of France had this advantage by their wars, especially by the Civil wars, that they got better knowledge of the wealth and ability of their subjects, and what burdens they could bear, as well in times of peace as war, of which before they were ignorant. This evil bargain the people have gotten by the Ringleaders of their Rebellion. And as by the long Carthaginian war the Romans changed much their Religion, and lost their ancient discipline, and laudable customs; so did the French, who by the means of their Civil wars have had the seeds of faction and sedition so scattered throughout the Kingdom, that they are always apt to spring up, and as men's bodies which by long and lingering sickness, being grown weak and feeble, ever breed new diseases; so do vices increase in a Kingdom wasted by war of long continuance, which the Roman Censors finding ad mores hominum adverterunt, 
Livius lib.  castigandaque vitia, quae, velut diutinis morbis aegra corpora ex sese gignunt, nata bello erant. And the French History showeth also that generally good discipline was not only lost, 
Thuanus.  but religion also, and sacrilege daily committed, and the number of Atheists and Libertines augmented. Bodin well declareth the particular calamities which fell on men by this war, and saith, 
F pissed. ad lib. de Repub.  cum bellorum civilium saevissima tempestate jactati fuissemus, qua multi naufragium, plures jacturam fecerunt, plerique voraginibus immersi, nonnulli in littus ejecti, quidam ad scoputos; alii aliò abrepti, paucissimi incolumes evaserant. But the Prophet best describeth a Civil war, and the effects thereof, 
Isaiah. 19  I will set Egyptian against Egyptian, every one shall sight against his brother: the spirit of Egypt shall fail, and I will destroy their counsel, and mingle amongst them the spirit of error: all the commodities of the Country shall be destroyed, and I will deliver the Egyptians into the hands of cruel Lords, and mighty Kings shall rule over them. 
* I will fill all the inhabitants of the land with drunkenness; I will dash them one against another, even the futhers and the sons together. I will not have mercy but destroy them: Jeremiah, 13. verse. 13.14. Polybius. Machiavil. lib. 3. C. 33. discur.   
Before we have done with Civil war and the effects, I will deliver some observations of the causes, which reach and come home to our case. The Roman Civil war, saith Saint Austin, did spring up ex connexione malarum causarum, and so did the Civil wars in France, and in other Kingdoms. Many of these causes at the first, are more easily prevented then foreseen. The evils which proceed from internal and secret causes and corruptions, are with most difficulty discerned, and cured when they appear. The Physic applied either for prevention, or the cure of the malady when it is grown to strength, proveth oftentimes equally dangerous; and therefore an excellent prudence and dexterity is necessary in the conduct of affairs of this nature, where there is danger in precipitation, although in using the likeliest means, as well as there is in flackness and delay. The causes also of rebellion are often secret, sudden and different. It is observed that some men have rebelled against their Prince for no cause that could be discerned; and others who have received extraordinary favours, as well as those who have received apparent injuries: As too much plenty and prosperity doth often make men to themselves and to their Country the greatest enemies; for seditions, saith Plato do often arise through too much plenty, as well as of much want. Tantae calamitatis causa, 
Flnus. Livius.  cadem quae omnium, nimia faelicitas, quae furores civiles peperit: Non miseriis, sed licentiae tantum, concitata turba, otioque lascivire Plebem. Deleta Carthagine, tama de rebus prosperis orta mala, (magno scilicet terrore Reipublicae Romanae, depulso) & dirupta concordia, prius saevis cruentisque seditionibus, deinde mox malarum connexione causarum, bellis civilibus, tantae strages ederentur, tantus sanguis effunderetur. 
Augustin, de Civitate Dei lib. 1 C. 30. lib. 2. C. 18. & lib. 3. C. 21. It was not poverty and want, but pride, abundance of all things, and too much ease, that caused the sin, and destruction of Sodom. Ezechiel. 16.49. Tacitus. Tacitus.  The Prophets do more often record the evils which fell on God's people, by plenty and prosperity, then by want and adversity: Plato being requested, refused to give Laws to a people swollen up with prosperity and pride. Many men of great spirit, and in great prosperity, carrying their hopes above their merits, have fallen into rebellion, because they had not preferment before others, or did see their enemies made their equals: Iniquam iracundiam flagitiosa perfidia ulcisci, and so of Darius, malo publico verecundiam & libidinem suam vindicavit: publicis malis abuti ad occasionem privati odii. Let such Hotspurs consider, that fortitude doth as much consist in suffering as in acting; and although they pretend unto much magnanimity, see how short they come (as an ape differeth from a man) of many Romans, Carthaginians, Grecians adorned with true magnanimity, as Fabius Maximus, Scipio, Asdrubal, and of latter time Gonsalvo called the great Captain, and others; men as famous for conquering themselves and their inordinate affections, as for subduing their enemies: who received many public affronts, from their superiors, from their equals, and from their Country, and endured the smart of envy and detraction, incident to men of most eminent virtue, without seeking any revenge, whereby the peace of their Country might be endangered, although they wanted not power to make themselves as famous rebels as ever were any; but they chose rather a voluntary banishment, or confinement and retreat, until the predominant malignant humour was spent, and the storm passed over: so as many of them that thus prudently carried themselves, survived their enemies and their malice, and recovered all they had lost, and obtained the highest places of honour and authority both incourt and camp. 
Livius. Augustinus.  Thus Camillus licet reus factus invidia obtrectatorum virtutis suae, tamen ingratam liberavit patriam. 
Valerius Maximus. Appian. Augustin. de Civit Dei.  Whereas by the Civil war raised by Sylla and Marius striving to destroy each other, non Reipublicae victoria quaerebatur, sed praemium victoriae res erat publica; utriusque partis defensores, magis agerent amore vincendi quam aequum aut bonum quicquam cogitarent. And although Sylla was reputed Captain of that party which had most reason and justice on their side, for seeking to remove the corruptions in the Commonwealth, yet was he termed Ingratus Sylla, 
Seneca.  qui Patriam durioribus remediis quam pericula crant, sanavit: and the revenge he took of Marius and Cinna was with the exceeding destructions of the Citizens, and the irrecoverable loss of the Commonwealth and liberty of the people: 
August. de Civit Dei lib 3. C. 7.27. & 28.  In so much as Sylla was advised to restrain his hand from slaughter, that the Conqueror might have some lest of the vanquished to live under his Command. Those two, Sylla and Marius, men of excellent courage and skill in war, 
Florus.  decora & ornamenta seculi sui, falling into contention by ambition and upon punctilios of honour, began that Civil war which drew on the ruin of their Country and themselves, by the continual factions and feditions that followed until the usurpation of Julius Caesar. These two had their greediness of revenge and of domination and rule requited by a base thraldom, which they drew upon themselves, for they and those that followed them, were enforced to endure all insolences of their own licentious soldiers, 
Plutarch. in Sylla & Marius.  and of others the basest of men, and to purchase their good will with donatives and rewards, and to grant unto them the spoil of others who were innocent and neuters, as of those who did oppose them. Whereas their Ancestors, would often protest, that they rather would endure to be vanquished by a foreign enemy, then become slaves to their own soldiers, by the want of power to chastise them, and means to retain them in their obedience: thinking it more shame thus to flatter their soldiers, then to fear their enemies.   

CHAP. XX. No pretences whatsoever can be just ground of a Civil War or Rebellion.  
ALthough the cause of a rebellion proceedeth not from ambition, revenge, or the like, but from actions of good intention, for reformation of the Church or Commonwealth, rebellion and civil war doth follow, yet such men ought to consider, that Zion is not built with blood, 
Habakkuk.  nor Jerusalem with iniquity: Woe unto him who buildeth a town with blood, and establisheth a City by iniquity. He who raiseth a schism in the Church, or a faction in the Commonwealth, dareth his hand to the devil against Christ, for the devil entereth at a breach, and then there followeth after a multitude of others of the same crew, although their purposes and designs are different. Those men who have been authors or actors in a Civil war, or a rebellion, can hardly excuse themselves by any pretences whatsoever. There are some crimes, that ignorance cannot serve for a Plea: Lex dat coercionem delictorum quae sponte, vel ignorantia contrahuntur: vel casu fortuito eveniente, 
L. 1. F de legibus. L. 11. F de incendio L. 2. F. de Term. moto. Cujacius. Levit. 22. & Levit. 10. Salvianus  maxim si tam lata culpa fuit, ut dolo sit proxima: tam pessimum factum sit corum qui terminos finium agrorum diruperunt, abstulerunt, licet per ignorantiam, tamen puniuntur. Cocrectur legibus non tantum conscientia, sed ignorantia saepè, & error & casus. Puniendus erat qui comederit rem sanctam per errorem: silii Aaronis offerentes ignem alienum morte plectuntur, licet facilitate inconsulta, sola mentis inconsideratione peccantes. That pretence of Religion and Reformation cannot so much avail our adversaries (especially in respect of the evil means used for the carrying on of their design) as it doth give cause of condemning them of peculiar and selfe-ends, hypocrisy and faction, because the works and manner in acting were equally evil. A timely desisting, a hearty repentance, would have been better, than any recrimination, and accusing of others, to ●over their own guilt, or assigning false or frivolous causes and reasons to deceive the world under the vizard of counterfeit sanctity. 
Salvianus  Medico opus erat, non Patrono. Augmentum reatus est, innocentiam jactare post culpam: & criminosior culpa est, nbi honestior status est; magis damnabilis est malitia, quam titulus bonitatis accusat, & reatus impii est, bonum nomen 
* Facinus prodigiosum est, ubi id ipsum in quo Christo injuriam faciunt, dicunt se ob Christi nomen facturos, authoremque sui sceleris quodammodo Deum faciunt. Salulanus. Aquinas. Covaruvias. Navari Manuale. . He who affordeth his assistance to an unlawful act, is guilty of all the evil which thereby ensueth, although it proceeded through his inconsideration and want of foresight, and was without the compass of his thoughts and intention, praesertim si eventus illi necessario & per se, aut verisimilitèr sequuntur; quia de culpa quis tenetur, licet culpa sit non ordinata ad casum contingentem, ubi operam dat rei illicitae: superveniens casus culpam praecedentem non excusat, maximè si id quod agitur tendat & dirigitur ad malum ex suapte natura vel intentione operantis. When any thing happeneth by the occasion of an unlawful act, although the Actor used all the diligence, that he or any other man could, to prevent the evil, yet by the Canon-law he incurreth the penalty of irregularity: 
L. 4. S. 14. F de vi. ben. rapt  qui causam damni dat, damnum dedisse videtur, maxim si dolus malus adfuerit, vel quoties causa damni per se ad damnum inferendum sussicit, vel dedit occasionem proximam; si damnum circa rem sit non extra rem; damnum extrarium non notatur ex eventu: But he is most guilty, si fraus ejus & animus fraudendi eventum habuerit. 
Cuiacius. L. 10. F. quem fraud. Crediteris.  Insomuch as he who taketh in hand any design just and lawful in itself, and with good intention, if through his rashness and inconsideration, much evil doth follow, his rashness or negligence shall be reputed at least an occasion, and an occasion in some cases doth pass for an efficient cause, although it be not properly à causa efficience, 
Cujacius & alii  first and principally moving; est causa impulsiva, & si minus principalis, tamen impellit seu movet principale agens ad efficiendum: & circumstat causam: est accessio causae: & sie si per imperitiam & infirmitatem suum damnum dederit infirmitas vel imperitia sua culpae adnumeratur, 
L 8. F ad leg. Aqaeit.  cum affectare id quisque non debeat, in quo vel intelligit, vel intelligere debet, infirmitatem suam alii periculosam futuram esse; especially where the Church or Commonwealth is much concerned, and the peace of either in danger of being violated. For the errors of this degree and quality may fitly be compared to an error committed in war, which according to the common proverb, is committed but once, and that once often serveth for all, and destroyeth all. This I leave to the consideration of the members of the late long Parliament, and their adherents, and likewise this difficult question, which hath perplexed many honest men, although few of this age do ever stick at it, Whether by the laws divine and humane forbidding the resistance of the sovereign authority justly established, we are thereby restrained from all resistance by arms, in defence of our goods, estates, just rights and liberties, when the resistance cannot be made without hazard of other men's lives, and of sedition and civil war. I will not insist upon the decision thereof; it is a work of long labour, and not much pertinent. I will add this as a most undoubted truth, that a Civil war, or rebellion doth most commonly produce more pernicious effects in one year, then either the insufficiency or Tyranny of a Prince can in an age. It was truly observed that the Roman State suffered more in those seven months of civil war raised by Sylla and Marius, then in the fourteen years of that bloody war which Annibal waged in Italy at their own doors, although their loss and damage was inestimable. Brutus' persuaded a wise man his friend to join with him in the Conspiracy against Julius Caesar; his friend answered him, that the government under a Tyrant was not so bad as a Civil war. Our fanatic Politicians who teach men rebellion, and to flatter and deceive the People, and to effect their own designs, do say, that the supreme power is originally in the People, and habitually inherent in them, and is derived from them, so as they may chastise and change their Kings, and assume again their power. They do not consider how by these improbable assertions they weaken the bonds of all laws humane and divine, and cut the sinews of all magistracy and government: how they do incite the People to rebellion, and preserve the seeds thereof always in their heads and hearts: how they in leaving Kings to stand or fall according to the changeable humours of their own subjects, who against common reason, they make to be judges, accusers, witnesses and parties; they leave Princes in the most miserable condition of all men. And the People also, ever desirous of innovations, and prone to all licentiousness, when the reins are but slackened, they do expose to the fury of their provoked Sovereign by their rebellion, and to the loss of their just rights and liberties, and perhaps to intolerable servitude under the sword of a Conqueror. The Rivers which by some violent accident have broken their bounds, are destructive to themselves, and to all round about them: They run on still and scatter themselves, and never come to good until they return to the right Channel, and are enclosed and fenced again within their proper and just bounds assigned unto them by God and Nature. I could not in this discourse insist upon the framing and deducing of arguments, although they were necessary for confirmation of the truth, and confutation of falsehood; neither in drawing my matter into an exact method: my desire was to relate the truth, and to rectify the judgements of the ignorant, for God's glory, and the good of my Country, and to convince those who are perverse, not presuming to teach the wise and learned, unto whose Judgements I do submit.    

THE CONTENTS.  

CHAP. I. INnovations in Government; Publishing of false News, and Prophecies; Pretences of Reformation; Sects and Divisions in matters of Religion; Quarrel against Episcopacy. Page. 3.  
CHAP II. Of the Presbyterian Government in the Church; The practice in the Primitive times; Touching the election of Pastors and Ministers in the Church, and their maintenance by payment of Tithes. Pag. 11.  
CHAP. III. The inconveniences that happen by the alterations of Government, in the Church and Commonwealth; Of Ceremonies used in the Church-Service; Of tender consciences; Of the coercive power of the Magistrate in matters of Religion. Pag. 16.  
CHAP. IU. Of the changes in Religion in England; And by Luther; And the toleration of divers Religions. Pag. 31.  
CHAP. V. Of the use of Parliaments; Of the danger that cometh by the abuse of Parliaments; and the Factions that therein arise. Pa. 35.  
CHAP. VI The Right that Bishops have to sit in Parliament. Pag. 40.  
CHAP. VII. The necessity of having all the Members present in Parliament, or the greater number of them, and the danger of Consederations, Associations, Engagements, and other indirect practices, contrary to the Rights of the King, and the liberty of the Subject. Pag. 49.  
CHAP. VIII. Of Seditions, and seditious Assemblics, and the punishment thereof; Of the power of the King, in that which concerneth the Militia, and the Arms of the Kingdom; And of other Rights of the Crown. Pag, 57  
CHAP. IX. Of the Act of Parliament wherein the King was to pass away his power in the Militia; And that other Act which was made for the continuation of the Parliament until both Houses should agree for the dissolving thereof. Of fraud or force used towards the King or any other men, for the obtaining of any Charters, Patents, or Grants. Pag. 63.  
CHAP. X. The Caese of Subjects in Rebellion against their Sovereign, and the error of those that would draw more crimes within the compass of Treason than they ought; Of Acts made and passed under the power of a Usurper. Pag. 76.  
CHAP. XI. Against any power pretended to depose Princes; Of the Allegiance of the Subjects; Of the oath of the King; and of his Coronation: Of strangers joining in Arms with Subjects in Rebellion against their Sovereign; Of oaths and ingagemeuts made to Tyrants and Usurpers. Pag. 85.  
CHAP. XII. Of those who only accept of Offices and Employments under Tyrants and Usurpers. Pag. 100  
CHAP. XIII. Of the inseparable conjunction and relation between the King and his Subjects, which cannot be dissolved by any law or custom; That Kings cannot alienate their Kingdoms, nor Subjects renounce their allegiance, nor bar the next successor of the Crown. Pag. 103.  
CHAP. XIV. Of the Beginning & Continuation of Kingly Government. P. 111.  
CHAP. XV. Of Prescription as well upon Land as Sea; And the Right and Jurisdiction that the King hath in the Sea, & over the Sea. P. 116.  
CHAP. XVI. Against the pretended Power of the People to Elect their Prince, or to depose him; Of the Norman conquest of England, and of Leagues between Princes, and of Aides given to Subjects in Rebellion against their Sovereign. Pag. 121.  
CHAP. XVII. Of the King, and of his power in Parliament. Pag. 136.  
CHAP. XVIII, Of the King's Prerogative. Pag 141.  
CHAP. XIX. Of a Civil War, and of the effects thereof. Pag. 146.  
CHAP. XX. No pretences whatsoever can be just ground of a Civil war or Rebellion. Pag. 153.   
FINIS.